Public Law Project: Judicial Review Trends and Forecasts conference 2021

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

Public Law Podcast: Regulatory Disputes in the Consumer Sector

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

Climate change and the role of regulators

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

Tribunal holds that regulator must take proactive steps to investigate impact of COVID-19

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

Court of Appeal upholds regulatory judgment in technical field

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

Regulatory disputes in the consumer sector

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

Important decision on privilege in a regulatory context

In a judgment handed down yesterday, the Court of Appeal found that an audit client could not be compelled to produce its privileged documents to its auditor’s regulator: Sports Direct International plc v The Financial Reporting Council [2020] EWCA Civ 177. The case concerned the construction of the Financial Reporting Council’s (“FRC“) information-gathering powers (specifically … Read more