2011 CASES

C-366/10 Air Transport Association of America & Ors v Secretary of State for Energy and Climate Change
21 December 2011
The Court of Justice of the European Union has today ruled that extending the EU emissions trading scheme to international aviation activities, under Directive 2008/101, does not breach public international law. The extension will enter force as from 1 January 2012. The Court rejected the claim from US airlines including United, ...

26766/05 & 22228/06Al Khawaja and Tahery v United Kingdom
15 December 2011
Eric Metcalfe acted on behalf of the NGO intervener JUSTICE in a landmark judgment by the Grand Chamber of the European Court of Human Rights in the case of Al Khawaja and Tahery v United Kingdom. The much-anticipated ruling came in the wake of the judgment of the UK Supreme Court in R v Horncastle in late 2009 in ...

Photo-Me International Plc v Network Rail Infrastructure Ltd [2011] EWHC 3168 (QB)
30 November 2011
Elisa Holmes and Fiona Banks successfully represented Photo-Me International Plc in defending a strike out application brought by Network Rail Infrastructure Limited. In what is set to be a landmark case, the judgment considers the relationship between the Utilities Directive (Directive 2004/17/EC) and the General Directive (Directive ...

C 259/10 and C 260/10 The Rank Group Plc v HM Revenue & Customs
10 November 2011
The Court of Justice of the European Union ("CJEU") delivered its keenly anticipated judgment in HMRC v Rank, in which it gave preliminary rulings on questions referred by both the Upper Tribunal and the Court of Appeal. The judgment is significant both in terms of the clarification it provides on the EU principle of fiscal ...

Toshiba Carrier UK Ltd & Ors v KME Yorkshire Ltd & Ors [2011] EWHC 2665 (Ch)
19 October 2011
The High Court today handed down judgment In an important decision for those considering the English High Court as a forum for damages claims in international competition law cases. A group of Toshiba companies claimed damages against companies alleged to have taken part in an international cartel in the supply of industrial copper ...

2 Travel Group Plc (in liquidation) v Cardiff City Transport Services Ltd 2011] CAT 30
14 October 2011
For only the second time in its history, the Competition Appeal Tribunal has given judgment on a security for costs application in the case of 2 Travel Group Plc (in liquidation) v Cardiff City Transport Services Ltd. The Claimant in this action seeks damages from the Defendant pursuant to section 47A of the Competition Act 1998. The ...

Margaret Bailey & Ors v London Borough of Brent Council [2011] EWHC 2572 (Admin)
13 October 2011
Campaigners seeking a judicial review against the closure of six libraries in north-west London lost their bid in the High Court yesterday. They argued that Brent Council's approach to assessing the need for library services and alternative proposals by community groups was in breach of the duty to provide a comprehensive and efficient ...

14902/04 Yukos v Russia
20 September 2011
The European Court of Human Rights has given judgment on the merits of the largest commercial dispute ever litigated. Yukos Oil Company, formerly the largest and most successful Russian oil company, challenged the imposition and enforcement of additional tax liabilities for four years (2000-3) together with fines and penalty interest ...

Neil Herron & Parking Appeals Ltd v The Parking Adjudicator [2011] EWCA Civ 905
2 August 2011
The Court of Appeal handed down judgment last week in a public law case concerning the application of the principles of substantial compliance to the apparently mandatory duties of local authorities to use prescribed traffic signs and road markings. This was an appeal against a decision of Bean J to reject a judicial review of the ...

Alstom Transport v Eurostar International Limited and Siemens plc [2011] EWHC 1828 (Ch)
21 July 2011
The High Court has handed down the first judgment of the English Courts relating to the new remedy of a declaration of ineffectiveness in the continuing case of Alstom Transport v Eurostar International Limited and Siemens plc [2011] EWHC 1828 (Ch) To read a summary of the judgment click ...

Chemistree Homecare Ltd & anor v Teva Pharmaceuticals Ltd [2011] EWHC 1877 (Ch)
18 July 2011
On 4 July 2011, Mr Justice Mann refused an application brought by Chemistree, a homecare provider/group of pharmacies for an interim mandatory injunction requiring the pharmaceutical company Teva to supply it with 1200 packs of Copaxone (a patented drug licensed for treating certain forms of multiple sclerosis) pending trial. Chemistree said it ...

Ryanair Holding Plc v Office of Fair Trading [2011] CAT 23
28 June 2011
In its judgment in Ryanair v OFT, the Competition Appeal Tribunal stated its view as to how the UK's merger regime should interact with the EU merger regime in certain cases where a potential purchaser has built up a minority shareholding in a target company prior to launching a full public bid. In the autumn of 2006, ...

Sinclair Collis Ltd and Nacmo v The Secretary of State for Health [2011] EWCA Civ 437
17 June 2011
The Court of Appeal handed down judgment today upholding legislation which will prohibit the sale of tobacco from vending machines. It rejected appeals brought by a subsidiary of Imperial Tobacco and members of the cigarette vending machine industry. They argued that the legislation was unlawful in that it contravened the free movement ...

Metropolitan Resources North West Ltd v Secretary of State for Home Department [2011] EWHC 1186 (Ch)
13 May 2011
The United Kingdom Border Agency, represented by Elisa Holmes, won a hearing determining its application to have an automatic suspension imposed under Regulation 47G of the Public Contract Regulations 2006 (as amended by the Public Contract (Amendment) Regulations 2009) lifted. Metropolitan Resources, represented by Philip Moser, ...

BT v Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin)
20 April 2011
The High Court has today dismissed a challenge to the lawfulness, under EU law, of the provisions of the Digital Economy Act 2010 aimed at requiring internet service providers (ISPs) to help reduce illegal 'peer to peer' file-sharing. Under the Act, Ofcom must make a Code requiring ISPs to notify their subscribers of alleged instances ...

John Wilkins & Others v HMRC [2011] EWCA Civ 429
15 April 2011
The case concerns claims for compound interest by motor traders who made overpayments of VAT. They seek to recover compound interest under VATA 94 and through the tax tribunal. This is the latest decision in the VAT compound interest litigation, given by the Court of appeal on appeal from the first instance decision of the Upper ...

Eden Brown Limited & Others v OFT [2011] CAT 8
4 April 2011
The Competition Appeal Tribunal has allowed in large part the appeals of 3 undertakings against the penalties imposed by the OFT in relation to the construction recruitment cartel. The OFT fined 7 construction recruitment agencies for engaging in a collective boycott of an intermediary for the supply of candidates to construction ...

Galliford Try Plc & Others v Office of Fair Trading [2011] CAT 7
28 March 2011
Following a five year investigation into the construction industry, the OFT imposed financial penalties totalling £129.2 million on 103 construction companies for having engaged in cover pricing. The Decision is the longest ever taken by the OFT running to nearly 2000 pages. Twenty five companies appealed to the Competition Appeal ...

Ballast Nedam N.V. & Others v Office of Fair Trading [2011] CAT 3
11 March 2011
Following a five year investigation into the construction industry, the OFT imposed financial penalties totalling £129.2 million on 103 construction companies for having engaged in cover pricing. The Decision is the longest ever taken by the OFT running to nearly 2000 pages. Twenty five companies appealed to the Competition Appeal ...

Halo Trust v The Secretary of State for International Development [2011] EWHC 87 (TCC)
27 January 2011
The case concerns the procurement of services for mine clearance and development work in Cambodia. The Department of International Development (DFID) had been funding the claimant, the Halo Trust, and the successful tenderer, Mines Advisory Group (MAG) through an "Accountable Grant" mechanism. DFID decided to put the funding on a ...

X v Mid Sussex Citizens Advice Bureau and Others [2011] EWCA Civ 28
26 January 2011
On 26 January 2011, the Court of Appeal handed down judgment in the case of X v Mid Sussex Citizens Advice Bureau and others [2011] EWCA Civ 28. The case concerned a volunteer worker at a Citizens Advice Bureau who alleged that she had been discriminated against on the grounds of her disability. The relevant domestic law ...

Brennan v Health Professionals Council [2011] EWHC 41 (Admin)
21 January 2011
Physiotherapist Stephen Brennan has today (21 January) won his appeal against the decision of the Health Professions Council ("HPC") to strike his name from the register of physiotherapists after his involvement in what has become known as the "bloodgate" scandal. Mr Brennan admitted a total of five instances of being involved in faking blood ...