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

Government’s terms of reference for review of the judicial review process

Upon the Government announcing on 31 July a review of judicial review and the membership of the review panel, the Government also published its terms of reference (the “Terms of Reference”) for the review. The review will focus on whether reform to the judicial review process and other aspects of public law decision making is … Read more

Judicial reviews of inquiries

Two Divisional Court judgments have considered the position regarding the application of Article 6 of the European Convention on Human Rights (“ECHR”) (the right to a fair trial) in judicial review proceedings regarding a decision not to hold an inquiry, and the timeframe within which a judicial review of an inquiry under the Inquiries Act … Read more

Government launches panel to consider the judicial review process

On the afternoon of Friday 31 July the Government announced that it had appointed a panel of experts (the “Panel”) to examine if there is a need to reform the judicial review process (the “Review”). Background The Conservative Party in its 2019 manifesto (at page 48) committed to establishing a Constitution, Democracy and Rights Commission … Read more

Judicial Review – Strategies for Pharmaceutical Companies

In the latest episode of HSF's webinar series on the pharmaceutical sector, Andrew Lidbetter, Sanam Zulfiqar Khan, Mark Smyth and Lourdes Fraguas discuss judicial review and strategies for pharmaceutical companies. The webinar provides a summary of actions by pharmaceutical companies challenging decisions of public bodies in the UK and a comparative perspective for Australia and Spain. Read more

Statutory guidance must remain within the purpose of the primary legislation

In R (on the application of Palestine Solidarity Campaign Ltd) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court demonstrates that statutory guidance will be considered unlawful if it does not remain within the scope of what Parliament intended when it was conferring the power to issue that … Read more

Webinar on recent developments in judicial review

HSF public law partner Nusrat Zar chairs and speaks at a recent LexisNexis webinar on key developments in judicial review, which includes a discussion on recent caselaw regarding the duty to consult, human rights in judicial review and the interaction of private and public law. You can watch the webinar via this link. Read more