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

Contextual interpretation of statute leads to quashing of regulator’s decision

In R (on the application of UK Power Networks (Operations) Ltd) v Gas and Electricity Markets Authority[2017] EWHC 1175 (Admin), the Claimant, UK Power Networks (Operations) Limited (“UKPN”) challenged the Gas and Electricity Markets Authority’s (“GEMA”) decision to require it to pay Willmott Dixon Construction Limited (“Willmott Dixon”) interest on advance payments made for electricity connection … Read more

When a domestic court can depart from a CJEU judgment

In R (Newby Foods Limited) v the Food Standards Agency [2017] EWCA Civ 400 the Court of Appeal was tasked with considering the circumstances when the English court is free to depart from conclusions reached by the Court of Justice of the European Union (“CJEU”) on a reference made to it by that court in the same … Read more