The UK gears up for public procurement outside the EU

The Government continues to prepare the ground for the regulation of public procurement after the Brexit transition period expires on 31 December 2020. On 19 November it enacted the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020, which amend the existing UK procurement regulations in order to reflect the fact that the UK will no … Read more

Parliamentary Committee considers remit of the proposed Constitution, Democracy and Rights Commission

The House of Commons’ Public Administration and Constitutional Affairs Committee (the “PACAC”) is conducting a Call for Evidence as part of its inquiry (the “Inquiry”) in relation to the commitment in the 2019 Conservative Party manifesto (at page 48) that the Government would establish a Constitution, Democracy and Rights Commission (the “Commission”). Background According to the manifesto … Read more

Public Law Podcast: Government’s Independent Review of Administrative Law

In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Jasveer Randhawa discuss and debate the Government’s Independent Review of Administrative Law and the Ministry of Justice’s related Call for Evidence, to which Herbert Smith Freehills has recently responded. Herbert Smith Freehills Podcasts · Public Law Podcast EP6: Government’s Independent Review … Read more

Invitation to Online Judicial Review Academy: 23 to 26 November

Together with Brick Court Chambers, Herbert Smith Freehills’ public law team is pleased to be partnering with the Public Law Project to run a complete course which aims to provide lawyers and advisers, policy people, and decision makers with an understanding of bringing and defending judicial review claims. The course is also relevant to those … Read more

Challenge to lockdown regulations heard by the Court of Appeal

In an earlier post, we covered a challenge brought by the entrepreneur Simon Dolan and others (“the Claimants”) seeking to challenge the lockdown measures introduced in England following the outbreak of COVID-19 (“Dolan 1”). At that stage, the Administrative Court had refused permission to apply for judicial review in July on the basis that the … Read more

Procurement Disputes

Public procurement is an area where in recent years there has been a significant growth in litigation. In contrast to ordinary public law principles, where there is a high threshold before the court will intervene, procurement law involves a much more searching approach to review. Exacting standards are applied to the conduct of procurement processes, … Read more

Court of Appeal upholds regulatory judgment in technical field

Recently, the Court of Appeal gave its decision in R (Cotter) v NICE [2020] EWCA Civ 103. The case challenged a decision by NICE which made it harder for a patient to obtain a particular medicine than would have been the case had NICE taken a different approach. Background The Claimant sought judicial review of … Read more

High Court considers concept of “rolling” judicial review

The High Court has considered the concept of a continuing act or failure to act by a public body being the subject of a ‘rolling’ judicial review claim in R (Ali Raja & Anor) v London Borough of Redbridge [2020] EWHC 1456 (Admin). Key points The conventional approach to judicial review is for the claimant … Read more