Consultation or general information gathering?

In R on the application of CU (by his mother and litigation friend, DV) v Secretary of State for Education the High Court considered the application of the Gunning principles to consultations which do not contain a specific proposal and gave guidance on the timing for challenging consultations. Key Points A consultation question which seeks information … Read more

The Evolution of Commercial Judicial Review: A 20-Year Retrospective

To celebrate the 20-year anniversary of the Public Law Project’s annual conference in 2023, hosted by HSF, we looked back at how commercial judicial review has developed over that time alongside Tim Ward KC of Monckton Chambers. In this article we consider the standard of review in commercial regulatory cases, in particular the way 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