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How to regulate an emerging sector is always an interesting question to which there can be many answers based on the various models of regulation. The UK’s regulatory environment for artificial intelligence (“AI“) is poised for significant evolution, and in this post we consider whether the somewhat unconventional approach proposed by the Government may provide … Read more
In R. (on the application of SSE Generation Ltd) v Gas and Electricity Markets Authority (GEMA) [2022] EWCA Civ 1472, the Court of Appeal allowed the appeal and cross appeal brought by the Gas and Electricity Markets Authority (“GEMA“), and SSE Generation Limited (“SSE“), respectively, in the context of amendments made to an energy code. … Read more
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of ‘accountability and the constitution’. The sessions will begin on Monday 18 October, and will include a keynote … Read more
Businesses who deal with consumers will generally wish to have a good relationship with Government, regulators and other public authorities. However, there are times when a company’s interests are such that they come into conflict. At those times companies may wish to consider how that conflict might be resolved if it were to reach court. … Read more
In November 2020, the government announced an ambitious ten-point plan to boost green jobs and reach net-zero. The plan was a recent recognition at a national-level of the pressing need to combat climate change. It addresses an expansive set of topics: from offshore wind to walking and cycling; from carbon capture to finance. The proposals … Read more
The High Court held in Havant Biogas Ltd & Ors v Gas & Electricity Markets Authority [2021] EWHC 84 (Admin) that Ofgem’s refusal to register the claimants as producers for a subsidy scheme contained public law errors in relation to the registration requirements and so remitted the applications to Ofgem for reconsideration. The case demonstrates … Read more
In JD Sports Fashion plc v Competition and Markets Authority [2020] CAT 24, the Competition Appeal Tribunal (“CAT”) quashed the Competition and Markets Authority’s (“CMA”) final report on the Phase 2 investigation into the completed acquisition by JD Sports Fashion plc (“JD Sports”) of Footasylum plc (“Footasylum”) on the basis that the CMA had not sought … Read more
Recently, the Court of Appeal gave its decision in R (Cotter) v NICE [2020] EWCA Civ 103. The case challenged a decision by NICE which made it harder for a patient to obtain a particular medicine than would have been the case had NICE taken a different approach. Background The Claimant sought judicial review of … Read more
In the latest episode of our public law podcast, Andrew Lidbetter, Nusrat Zar and Anna Eliasson discuss the scope for regulators to go back on concessions they have suggested to those they regulate. In doing so, they look at the nature of these statements; how they might amount to obligations; when they can be frustrated; … Read more
