Don’t forget the common law – a reminder of statutory interpretation principles where common law fundamental rights are engaged

In R (LJ Fairburn & Son Ltd and others) v the Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 65 (Admin), a group of poultry farmers successfully challenged the Secretary of State’s policies on the payment of compensation for birds culled following outbreaks of Avian Influenza (commonly known as “bird flu“). The … Read more

Public Law Podcast: Shaping and Challenging Policy (Part 1)

In the latest edition of our Public Law Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development. Herbert Smith Freehills Podcasts … Read more

Divisional Court emphasises contractual context in dismissing judicial review challenge to London Metal Exchange

In R (Elliott Associates, Elliott International and Jane Street Global Trading) v The London Metal Exchange and LME Clear [2023] EWHC 2969 (Admin), the Divisional Court has dismissed judicial review proceedings and a damages claim under the Human Rights Act 1998 (“HRA“) brought by traders Elliot Associates and Jane Street against the London Metal Exchange (“LME“) … Read more

Administrative Court indicates that a privately owned airport operator may be amenable to judicial review

In R. (on the application of Doncaster MBC) v Doncaster Sheffield Airport Ltd [2022] EWHC 3060 (Admin), the Administrative Court has indicated that it is “arguable with a realistic prospect of success” that a decision made by a privately owned airport operator, Doncaster Sheffield Airport Limited (the “Operator“), to close Doncaster Sheffield Airport, is amenable … Read more

Upper Tribunal considers what constitutes a public authority under the Environmental Information Regulations

The Upper Tribunal (the “UT”) in Information Commissioner v Poplar Housing Association and Regeneration Community Association [2020] UKUT 182 (AAC) has dismissed the Information Commissioner’s appeal against a decision by the First-tier Tribunal (the “FTT”), confirming a housing association was not a “public authority” for the purposes of regulation 2(2)(c) of the Environmental Information Regulations 2004 … Read more