Government presses ahead with new Bill of Rights

On 22 June, the Government laid its new Bill of Rights Bill before Parliament. The Bill has been anticipated since the Government invited responses to a consultation on the replacement of the Human Rights Act 1998 (“HRA“) earlier this year. A summary of the proposals can be found here and an exposition of our views on the … Read more

Energy price cap to be recalculated following flawed consultation

In R (on the application of British Gas Trading Ltd) v Gas & Electricity Markets Authority and others [2019] EWHC 3048 (Admin), British Gas (the “Claimant“) successfully challenged the level of the price cap set by Ofgem (the “Defendant“) on certain tariffs for the retail supply of domestic energy, on the basis that the Defendant had based its … Read more

Court of Appeal reluctant to intervene in public body’s decision regarding the allocation of funding

In R (on the application of (1) Pharmaceutical Services Negotiating Committee (“PSNC“) (2) Susan Sharpe) v Secretary of State for Health (the “SoS“) and National Pharmacy Association (“NPA“): NPA v SoS [2018] EWCA Civ 1925, the Court of Appeal dismissed the challenges to an earlier decision of the Administrative Court, which rejected the claim that a package of … Read more

Striking a fair balance is more important than legal categorisation

R (on the application of Mott) v Environment Agency [2018] UKSC 10 Key Points There is not a clear-cut, or crucial, distinction between expropriation and control of use when it comes to a breach of the right to peaceful enjoyment of possessions under Article 1 of the First Protocol to the European Convention on Human Rights … Read more

Exceptional circumstances required to interfere with statutory appeal process

In Glencore Energy UK Limited v Revenue & Customs Commissioners [2017] EWCA Civ 1716, the Court of Appeal has emphasised that it is only in the most exceptional circumstances that the Courts will intervene by way of judicial review when there is a statutory appeal process available. Key Points The Court reiterated the basic principle that judicial review … Read more

Statutory licence or contract

In R (Dean) v Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1998 (Admin) (Holgate J) the Administrative Court had to consider whether a licence was a statutory instrument governed by public law or a contract subject to ordinary contractual law principles, for the purposes of establishing whether a deed of variation was … Read more