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Lancashire Care NHS Foundation Trust v Lancashire County Council [2018] EWHC 1589 (TCC) The High Court (Mr Justice Stuart Smith) has today handed down a judgment setting aside the award of a contract for public health nursing services by Lancashire County Council to Virgin Care Services Limited.  The Court has upheld a challenge made by […]

The post Award of Lancashire Children’s Services Contract to Virgin Care Set Aside appeared first on Monckton Chambers.

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Monckton Chambers’ Gerry Facenna QC and Anneli Howard provided pro bono assistance to Morag Ross QC (instructed by Bindmans and Harper Mcleod) representing Lib Dem Brexit Spokesperson Tom Brake MP and Labour’s Chris Leslie MP in their intervention before the Court of Session in Scotland to get a preliminary reference to the CJEU on whether […]

The post MPs’ arguments on revocability of Article 50 notice – petition refused by Court of Session in Edinburgh appeared first on Monckton Chambers.

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R. (on the application of Webster) v Secretary of State for Exiting the European Union On 12 June 2018, Lord Justice Gross and Mr Justice Green refused permission to apply for judicial review to challenge the Brexit negotiations on the basis that the United Kingdom had, so it was argued, failed to make a valid […]

The post Article 50 decision validly taken: new judgment appeared first on Monckton Chambers.

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Next month, Hart Publishing will publish “The UK Constitution after Miller: Brexit and beyond”, edited by Jack Williams and Professors Mark Elliott and Alison Young. The judgment of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of fundamental legal, constitutional and political significance. The Supreme Court’s judgment […]

The post Forthcoming Brexit Book “The UK Constitution after Miller: Brexit and beyond” appeared first on Monckton Chambers.

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General In April, I wrote a post (here) describing the dispute settlement mechanisms (DSMs) in the draft Withdrawal Agreement (here) as they relate to the transitional period, which is set to run from the day after Brexit day (30 March 2019) until the end of December 2020. Last month, this was followed by another post, […]

The post Dispute Settlement under the “Future Arrangements” appeared first on Monckton Chambers.

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Monckton Chambers welcomes three new members, Gregory Pipe, William Buck and William Hooper, who join from St Philips Stone Chambers along with Clerk Chris O’Brien. Gregory Pipe (call 1995) is a heavy-weight commercial practitioner who is regularly instructed on complex high value disputes both in England & Wales and internationally. His practice covers a wide […]

The post Three new tenants for Monckton Chambers – Gregory Pipe, William Buck and William Hooper appeared first on Monckton Chambers.

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Professor Panos Koutrakos was national rapporteur for the UK at the FIDE (Fédération internationale pour le droit européen) 2018 conference in Estoril, Portugal on 23-26 May 2018. Professor Koutrakos’s report was on the external dimension of EU policies and covered issues of international treaty-making, trade and protection of investments, and the area of freedom, security […]

The post Professor Panos Koutrakos was UK rapporteur at FIDE 2018 appeared first on Monckton Chambers.

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The UK has expressed its interest in joining the WTO’s Agreement on Government Procurement (as revised) (‘GPA’) (available here) in its own right for after Brexit. The letter from the UK’s Permanent Representative to the WTO is available here. The GPA is a plurilateral agreement i.e. optional and subject to accession by WTO Member States. […]

The post Procurement after Brexit: the UK and the GPA appeared first on Monckton Chambers.

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Carl Baudenbacher, Peter Oliver and Michael Bowsher QC made a joint submission to the House of Commons EU Scrutiny Committee in connection with their inquiry into Dispute Resolution and Enforcement in the Withdrawal Agreement. The submission is here. The submission suggests that despite misgivings over the Court of Justice of the EU continuing to exercise […]

The post Members of Monckton Chambers submit evidence to House of Commons inquiry on Dispute Resolution in the Withdrawal Agreement appeared first on Monckton Chambers.

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The Competition Appeal Tribunal handed down a Judgment today setting aside the CMA’s decision imposing combined fines on the pharmaceutical companies, Pfizer and Flynn, of around £90 million for charging unfairly high prices for the anti-epileptic drug, phenytoin sodium capsules, in breach of Article 102 TFEU / the Chapter II prohibition. Although the Tribunal upheld […]

The post Flynn / Pfizer v CMA: the CMA misapplied the test for excessive pricing appeared first on Monckton Chambers.

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