UTILITIES REGULATION
Members of Monckton Chambers have substantial experience of litigation and advisory work in utilities regulation. The regulated sectors of which members have experience include airports, electricity, gas, postal services, rail, telecommunications and water.
In addition to extensive experience of advising on legal issues specific to these regulated sectors, members are able to draw on their expertise in fields such as competition law, EU law and public & administrative law.
Members regularly act for regulated companies, the sector-specific regulators (CAA, Coal Authority, Ofcom, Ofgem, Ofwat, ORR and Postcomm) and other industry participants at administrative hearings as well as appearing in the Administrative Court, Competition Appeal Tribunal, Competition Commission, the Court of Appeal, House of Lords and European Court of Justice in cases concerning utility regulation.
Specific areas of expertise include:
- Administrative penalties for breaches of licence conditions and failure to meet performance standards
- EU Regulations and Directives
- Gas and Electricity Acts
- Water Industry Act
- Railways Act
- Transport Act
- Airports Act
- Postal Services Act
- Pricing regulation
- Licence and industry code modification issues
- Universal service obligations
- Network access issues
- Water supply licensing
- Water Resale Order
- Water mergers
Notable cases include (please click on the link for details):
- R(Thames Water Utilities Limited) v Ofwat (Administrative Court)
- Abbey Mine Ltd v The Coal Authority (Court of Appeal)
- Scottish Power Plc v Gas and Electricity Markets Authority (Administrative Court)
- E.ON UK plc v GEMA (Appeal before Competition Commission)
- Dobson and Others v Thames Water Utilities Ltd & Ofwat (Technology and Construction Court)
- Scottish Power Plc v British Energy Plc (Court of Session)
20/1/2012 Eurostar is not a utility, rules High Court
19/1/2012 Lecture to mark the contribution of Sir Jeremy Lever KCMG QC to European Law
17/1/2012 Othman (Abu Qatada) v United Kingdom (8139/09)
16/1/2012 JBW Ltd v Ministry of Justice [2012] EWCA Civ 8
5/1/2012 R(Imperial Tobacco, BAT, Philip Morris and Gallaher) v Secretary of State for Health
10/2/2012 VAT and Indirect Tax Webinar: Place of supply of goods and services
7/2/2012 Annual Conference on International Sports Law
Success on Strike-Out Application Gives “Photo-Me” Passport to Trial
Ryanair Holdings plc v Office of Fair Trading (Aer Lingus Group plc intervening)

