Court finds error of law in code amendment

In R (on the application of SSE Generation Ltd) v Competition and Markets Authority [2022] EWHC 865 (Admin), the Court found an error of law on the part of the Competition and Markets Authority (“CMA”) in the context of amendments made to an energy code. Key Points There is no hierarchy of obligations in legislation, … Read more

Constitutional All Change? The Judicial Review and Courts Act, the Brexit Freedoms Bill and a new Bill of Rights

Recent weeks have seen a number of notable developments concerning new or proposed legislation which could have a wide-ranging impact on aspects of public and administrative law. In particular: The Judicial Review and Courts Act 2022 has recently received Royal Assent and introduces, amongst other things, changes to remedies in judicial review. The Queen’s Speech, … Read more

Court finds Government’s Covid policy in care homes unlawful

In R (Gardner and Harris) v Secretary of State for Health and Social Care and others [2022] EWHC 967 (Admin) the Divisional Court has found that arrangements by the Department of Health for discharging patients from hospitals to care homes during the pandemic were unlawful. Key points Article 2 of the European Convention on Human … Read more

Decision makers have significant discretion in climate change issues

In R (on the application of Friends of the Earth Limited) v Secretary of State for International Trade/Export Credits Guarantee Department [2022] EWHC 568 (Admin), the court refused to quash a decision to provide export finance in support of a natural gas project in Mozambique. Key points The nature and scope of the enquiry that … Read more

HSF responds to the Government’s consultation on human rights reform

The main window for response to the Government’s consultation paper on the reform of the Human Rights Act 1998 (“HRA“) has now closed. The consultation paper proposed an overhaul of the existing human rights regime in the UK by replacing the HRA with a new Bill of Rights. The proposals involved giving greater legislative guidance … Read more

Court of Appeal finds no breach of positive human rights duties

The Court of Appeal has allowed an appeal by the Environment Agency (“EA”) and set aside a declaration made by the High Court which had required the EA to take certain actions in order to comply with positive obligations under Articles 2 (the right to life) and 8 (the right to private life) of the … Read more

ADMINISTRATIVE COURT DEFERS TO THE EXPERT VIEW OF REGULATOR

In R (on the application of Cox) v Oil and Gas Authority [2022] EWHC 75 (Admin) the High Court has dismissed a judicial review challenge to a decision of the Oil and Gas Authority (“OGA“), in doing so emphasising that it will afford considerable deference to a regulator’s expert view and that there may not … Read more