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In R. (on the application of Piffs Elm Ltd) v Commission for Local Administration in England [2023] EWCA Civ 486, the Court of Appeal considered the withdrawal of a decision by the Local Government Ombudsman (the “Ombudsman“), and in doing so, provided useful commentary regarding the limits of a public authority’s implied powers. Key Points … Read more
In R. (on the application of the3million and Open Rights Group) v Secretary of State for the Home Department [2023] EWHC 713 (Admin), the High Court held that the UK Government acted unlawfully in attempting to rely on a policy document as a substitute for a legislative measure to meet the requirements of the UK … Read more
In R. (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2023] UKSC 10, the Supreme Court considered issues of statutory construction in the context of conflicting legislative provisions, and confirmed that the Secretary of State did not act ultra vires in directing Ofcom to refrain from … 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
In R v Adams [2020] UKSC 19 the Supreme Court considered the nature and application of the principle established in Carltona Ltd v Commissioners of Works [1943] 2 All ER 560: where Parliament specifies that a decision is to be taken by a particular Minister, that decision may be taken by an appropriate person on … Read more