Courts consider public authorities’ duty to consult

14 August, 2023
Two recent judgments relating to consultation outline the fact and context specific nature of this area. In one decision, the Court of Appeal overturned the High Court’s finding that the Government’s National Disability Strategy was unlawful on the basis that the voluntary exercise undertaken did not meet the requirements of a fair consultation (R (on … Read more

Broad public consultations not always sufficient to meet the requirements of fairness

20 January, 2020
In R (on the application of British Blind & Shutter Association) v Secretary of State for Housing, Communities & Local Government [2019] EWHC 3162 (Admin) the High Court quashed a regulation inserted into the Building Regulations 2010 by the Building (Amendment Regulations) 2018 (“the 2018 Regulations”). The court found that the Secretary of State’s consultation in respect of … Read more

High Court finds professional disciplinary process to be unlawful

17 October, 2019
In Captain Arshad Rashid v Oil Companies International Marine Forum [2019] EWHC 2239, the High Court criticised a voluntary association for unlawfully removing the accreditation of one of its inspectors, finding its disciplinary process to be inconsistent with the requirements of procedural fairness and in breach of contract. Key Points In the context of disciplinary processes conducted … Read more

Supreme Court clarifies that unequal treatment and unfairness are not freestanding grounds of judicial review in domestic law

25 May, 2018
In an important public law development, the UK Supreme Court has clarified that unequal treatment and substantive unfairness are not freestanding grounds of judicial review in domestic law and will not give rise to invalidity unless the tests for irrationality, illegality or procedural unfairness are met. The decision arose from settlement agreements and infringement decisions … Read more