When will the courts intervene in regulatory decisions concerning future issues

In R (Avaaz Foundation) v Ofcom [2018] EWHC 1973 (Admin), the Administrative Court (Supperstone J) dismissed all four grounds of the judicial review brought by Avaaz Foundation (“Avaaz“) of Ofcom’s decision that Sky plc (“Sky“)1 would remain fit and proper to hold a broadcast licence following its merger with 21st Century Fox Inc (“Fox“). Key points The Court will … Read more

The National Audit Office reports on government-funded inquiries

The National Audit Office (“NAO”) recently published the findings of its investigation into government funded inquiries (the “Report”) , prompted by the increasing prevalence of inquiries and the considerable public funds spent on them. The NAO explored the establishment and management of inquiries, their cost and duration, and how they are managed in practice. Key points Inquiries … Read more

Court of Appeal highlights the limits of Ombudsmens’ discretion

In Miller & Another v Health Service Commissioner for England [2018] EWCA Civ 144, the Court of Appeal quashed a decision of the Parliamentary and Health Service Ombudsman (the “Ombudsman“) on the basis that both the decision to investigate and the approach taken during the investigation were unlawful. Key Points Whilst ombudsmen have the discretion to determine … Read more