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The High Court in R (Transport Action Network Ltd) v Secretary of State for Transport [2021] EWHC 568 (Admin) considered the extent to which a party in judicial review proceedings may adduce expert evidence. Key points Expert evidence is seldom required in order to resolve judicial review proceedings. That is because it is not the … Read more
On 18 March 2021, the Independent Review of Administrative Law (the “IRAL”) published its report on reform to the judicial review process (the “IRAL’s Report”) in which it made two substantive recommendations and a number of procedural recommendations. The Lord Chancellor and Secretary of State for Justice agreed with those recommendations and was “also interested … Read more
The High Court held in Havant Biogas Ltd & Ors v Gas & Electricity Markets Authority [2021] EWHC 84 (Admin) that Ofgem’s refusal to register the claimants as producers for a subsidy scheme contained public law errors in relation to the registration requirements and so remitted the applications to Ofgem for reconsideration. The case demonstrates … Read more
Two recent judgments have demonstrated the utility of the right to property under Article 1 of the First Protocol of the European Convention on Human Rights (“A1P1”) for companies and the scope for challenges where public decisions have interfered with private contracts. A1P1 is incorporated into English law by way of the Human Rights Act … Read more
In R. (on the application of MP) v Secretary of State for Health and Social Care [2020] EWCA Civ 1634, the Court of Appeal clarified the common law duty of consultation upon public bodies based on fairness, and the test for when a legitimate expectation will be established. Key points The common law duty of … Read more
The Supreme Court has overturned a unanimous decision of the Court of Appeal, in finding that the Airports National Policy Statement (the “ANPS”) and its accompanying environmental report are lawful. The ANPS is the framework that governs the construction of a third runway at Heathrow Airport and under which an application by a developer would … Read more
The Court of Appeal today handed down its judgment in respect of the proceedings brought by Simon Dolan and others (“the Appellants”) seeking to challenge the lockdown measures introduced in England in March 2020 via the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) following the outbreak of COVID-19 (see our earlier post regarding … Read more
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
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
