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

Today in a unanimous decision the Court of Appeal found that the current Government policy in relation to the expansion of Heathrow Airport is unlawful

Background The Court of Appeal has today handed down two related judgments both concerned with the Government’s policy in relation to the proposed expansion of Heathrow by way of a third runway, one dealing with the detail of how expansion should take place and the other considering the planning aspects and process of the policy. … Read more

High Court gives guidance on conduct of non-statutory inquiries

In R (on the application of Clarke and Others) v Holliday [2019] EWHC 3596 (Admin), the High Court dismissed an application for permission to apply for judicial review of decisions taken by the Chairman of an independent, non-statutory inquiry (the “Inquiry”). In doing so the court proceeded on the basis that the Inquiry was amenable … Read more

Labour’s plans for energy and medicines – public law analysis

We have published two papers which consider the impact of the Labour Party’s recently announced policies on two heavily regulated sectors, namely the energy and pharmaceutical industries. The policies proposed in relation to both sectors, which are similar to those now also proposed in other industries (such as the water industry and in relation to … Read more

Incidental powers allow public body to publish its findings in the public interest

In Vote Leave Ltd v The Electoral Commission [2019] EWCA Civ 1938 the Court of Appeal found that it was within the Electoral Commission’s incidental powers to publish a report setting out its investigation and findings in relation to payments made by Vote Leave Ltd (“Vote Leave”) during the 2016 EU referendum (the “Report”). In doing so, the … Read more

Watt’s the issue here? High Court dismisses challenge to Government smart meter programme

In R (on the application of Utilita Energy Ltd v Secretary of State for Business, Energy & Industrial Strategy [2019] EWHC 2612 (Admin), the High Court dismissed Utilita Energy Ltd (Utilita’s) application for judicial review of three decisions relating to the Government’s smart metering programme. Key Points Public authorities are entitled to delay public consultation … Read more

London-wide ban on Extinction Rebellion protests quashed by High Court

Last week the High Court handed down its judgment on the high profile judicial review brought against the Commissioner of Police for the Metropolis by a number of activists and politicians who support Extinction Rebellion (XR), the environmental pressure movement. The decision challenged was that of Superintendent Duncan McMillan taken on 14 October 2019 to … Read more