All eyes on the regulators as the age of AI dawns

Recent developments in AI regulation make it clear that the burden, and risk, of regulating this exciting but difficult new area in the UK will fall squarely on existing sectoral regulators for now, including those regulators who will not necessarily have significant technical expertise in this high-tech space. We look at some of those developments … Read more

Don’t forget the common law – a reminder of statutory interpretation principles where common law fundamental rights are engaged

In R (LJ Fairburn & Son Ltd and others) v the Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 65 (Admin), a group of poultry farmers successfully challenged the Secretary of State’s policies on the payment of compensation for birds culled following outbreaks of Avian Influenza (commonly known as “bird flu“). The … Read more

Public Law Podcast: Shaping and Challenging Policy (Part 2)

In the latest edition of our Public Law Podcast series, Jasveer Randhawa and James Wood discuss challenging policy. This is part two of a series focusing on policy, where we now turn to look at how to challenge a policy that may have a detrimental impact on your business. Herbert Smith Freehills Podcasts · Public … Read more

CMA can require overseas companies to produce documents in its competition law investigations

This post below was first published on our Competition notes blog: In its ruling1 of 17 January 2024 the Court of Appeal allowed the CMA’s appeal against a joint judgment by the Competition Appeal Tribunal (CAT) and the Administrative Court in the BMW and Volkswagen cases, relating to the scope of the CMA’s information gathering powers under Section 26 of the Competition Act … Read more