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In R (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and others [2018] EWCA Civ 2137 the Court of Appeal allowed an appeal, in part, against the High Court’s decision that there was no general duty at common law to give reasons for a procedural decision by the Secretary of State and, that any … Read more
In the case of R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2368 (Admin) (“KBR“), the High Court dismissed a judicial review brought by the applicant, finding that the SFO was able to compel the production of documents located outside the jurisdiction held by a foreign company. This is … Read more
In R (Holmcroft Properties Limited) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal dismissed an appeal of the Divisional Court’s decision that KPMG is not amenable to judicial review in its role as an independent reviewer in connection with Barclays’ past business review exercise. Key points: The Court of Appeal agreed with the Divisional … Read more
In Taveta Investments Ltd (Claimant) v (1) Financial Reporting Council (2) Conduct Committee of the Financial Reporting Council (3) Executive Counsel of the Financial Reporting Council (Defendants) & (1) PricewaterhouseCoopers LLP (2) Stephen John Denison [2018] EWHC 1662 (Admin) the High Court rejected an application for an interim injunction restraining publication of a decision to impose sanctions … Read more
JP Whitter (Water Well Engineers) Limited (Appellant) v Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2018] UKSC 31 Key Points The courts are unlikely to impose additional conditions on public bodies exercising a discretionary power under a prescriptive statutory regime. Arguments alleging lack of proportionality by public bodies based on the right to property under … Read more
In an important public law development, the UK Supreme Court has clarified that unequal treatment and substantive unfairness are not freestanding grounds of judicial review in domestic law and will not give rise to invalidity unless the tests for irrationality, illegality or procedural unfairness are met. The decision arose from settlement agreements and infringement decisions … Read more
In a decision of the High Court (R (Thornton Hall Hotel Limited) v Wirral Metropolitan Borough Council [2018] EWHC 560 (Admin)) Mr Justice Kerr allowed the claimant’s application for an extension of time of over five years, and granted the claimant relief by quashing the decision of the Local Planning Authority (the ‘LPA‘) from as long ago … Read more