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

CMA can require overseas companies to produce documents in its competition law investigations

This post below was first published on our Competition notes blog: In its ruling1 of 17 January 2024 the Court of Appeal allowed the CMA’s appeal against a joint judgment by the Competition Appeal Tribunal (CAT) and the Administrative Court in the BMW and Volkswagen cases, relating to the scope of the CMA’s information gathering powers under Section 26 of the Competition Act … Read more

Government approach found unlawful in successful water industry judicial review

In R. (on the application of Pickering Fishery Association) v Secretary of State for the Environment, Food and Rural Affairs [2023] EWHC 2918 (Admin) the High Court has upheld an application for judicial review of the Secretary of State’s (“SoS“) decision to approve a River Basin Management Plan (“RBMP“) with potentially broad implications for the … Read more

When can a public authority withdraw its own decision?

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