Supreme Court considers test for proportionality in judicial review proceedings

In Scotch Whisky Association v The Lord Advocate (Scotland) [2017] UKSC 76, the Supreme Court has held that a “suppressed” form of proportionality review, focused on suitability and necessity, applies for review of measures designed to address serious public health issues. Key points The Supreme Court held that a two stage proportionality assessment focused on suitability and … Read more

Judicial review reaffirmed as a remedy of last resort

In a recent decision, Glencore Energy UK Limited v Commissioners of HMRC [2017] EWHC 1476 (Admin), the Administrative Court (Green J) held that permission to apply for judicial review should be refused where there are alternative remedies available to a claimant which are in substance adequate and appropriate. Key points The Court emphasised the principle that judicial … Read more

When is a duty to re-consult triggered?

In R (Association of British Insurers) v Lord Chancellor and Association of Personal Injury Lawyers) [2017] EWHC 106 (Admin), the Administrative Court (Baker J) refused permission to the Association of British Insurers (“ABI”) to pursue judicial review of the Lord Chancellor’s decision to complete her review of the discount rate applicable to personal injury damages and announce … Read more