Cost implications at the permission stage for those bringing judicial reviews

In a rare intervention on the question of costs, the Supreme Court has confirmed in CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 that those bringing claims for judicial review and statutory challenges can face exposure to multiple sets of costs at the permission stage. Key points The court … Read more

Public Law Project: Judicial Review Trends and Forecasts conference 2021

We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of ‘accountability and the constitution’. The sessions will begin on Monday 18 October, and will include a keynote … Read more

Public Law Podcast: The Judicial Review and Courts Bill

In the latest episode of our Public Law Podcast, Andrew Lidbetter and Nusrat Zar are once again joined by Vikram Sachdeva QC of 39 Essex. They consider the implications of the Judicial Review and Courts Bill introduced into Parliament in July. This podcast follows on from our episode earlier this year which covered the Government’s … Read more

Tribunal considers what constitutes a public authority under the Environmental Information Regulations 2004

The First-tier Tribunal (“FTT“) has overturned a decision by the Information Commissioner (the “Commissioner“) in finding that Heathrow Airport Ltd (“HAL“) is not a public authority for the purposes of the Environmental Information Regulations 2004 (the “EIR“), in Heathrow Airport Limited v Information Commissioner, EA/2020/0101. Key Points: A dual test is applied when determining whether an … Read more

Government introduces the Judicial Review and Courts Bill into Parliament

On 21 July, the Government introduced the Judicial Review and Courts Bill into Parliament. The Bill was foreshadowed in the Queen’s Speech on 11 May as part of the Government’s aim to ‘restore the balance of power between the executive, legislature and the courts’. The Government’s press release states that the Bill will ‘equip judges with the tools to give … Read more

High Court finds apparent bias in contract award decision

The High Court has found apparent bias on the part of the Government in respect of its award of a contract under the Public Contracts Regulations 2015 (the “PCR“) for the provision of focus group and communication support services without public notice or competition during the early weeks of the Covid-19 pandemic (the “Contract“) (R … Read more

Referral decision by professional body not amenable to judicial review

Summary The High Court has held that a decision by a professional body to refer a complaint against a member to a disciplinary board was not amenable to judicial review (R (Hannah) v Chartered Institute of Taxation [2021] EWHC 1069 (Admin)). Key points The approach taken by the Courts when ascertaining whether an organisation is … Read more

Public Law Podcast: Government Consultation on Judicial Review

In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Vikram Sachdeva QC of 39 Essex consider the Government’s recent consultation on judicial review following the Independent Review of Administrative Law submitted in January. Herbert Smith Freehills Podcasts · Public Law Podcast EP8: Government Consultation on Judicial Review You can read … Read more