Tribunal holds that regulator must take proactive steps to investigate impact of COVID-19

    In JD Sports Fashion plc v Competition and Markets Authority [2020] CAT 24, the Competition Appeal Tribunal (“CAT”) quashed the Competition and Markets Authority’s (“CMA”) final report on the Phase 2 investigation into the completed acquisition by JD Sports Fashion plc (“JD Sports”) of Footasylum plc (“Footasylum”) on the basis that the CMA had not sought … Read more

    Challenge to lockdown regulations heard by the Court of Appeal – Judgment

    The Court of Appeal today handed down its judgment in respect of the proceedings brought by Simon Dolan and others (“the Appellants”) seeking to challenge the lockdown measures introduced in England in March 2020 via the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) following the outbreak of COVID-19 (see our earlier post regarding … Read more

    The UK gears up for public procurement outside the EU

    The Government continues to prepare the ground for the regulation of public procurement after the Brexit transition period expires on 31 December 2020. On 19 November it enacted the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020, which amend the existing UK procurement regulations in order to reflect the fact that the UK will no … Read more

    Parliamentary Committee considers remit of the proposed Constitution, Democracy and Rights Commission

    The House of Commons’ Public Administration and Constitutional Affairs Committee (the “PACAC”) is conducting a Call for Evidence as part of its inquiry (the “Inquiry”) in relation to the commitment in the 2019 Conservative Party manifesto (at page 48) that the Government would establish a Constitution, Democracy and Rights Commission (the “Commission”). Background According to the manifesto … Read more

    Public Law Podcast: Government’s Independent Review of Administrative Law

    In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Jasveer Randhawa discuss and debate the Government’s Independent Review of Administrative Law and the Ministry of Justice’s related Call for Evidence, to which Herbert Smith Freehills has recently responded. Herbert Smith Freehills Podcasts · Public Law Podcast EP6: Government’s Independent Review … Read more

    Invitation to Online Judicial Review Academy: 23 to 26 November

    Together with Brick Court Chambers, Herbert Smith Freehills’ public law team is pleased to be partnering with the Public Law Project to run a complete course which aims to provide lawyers and advisers, policy people, and decision makers with an understanding of bringing and defending judicial review claims. The course is also relevant to those … Read more

    Challenge to lockdown regulations heard by the Court of Appeal

    In an earlier post, we covered a challenge brought by the entrepreneur Simon Dolan and others (“the Claimants”) seeking to challenge the lockdown measures introduced in England following the outbreak of COVID-19 (“Dolan 1”). At that stage, the Administrative Court had refused permission to apply for judicial review in July on the basis that the … Read more

    Procurement Disputes

    Public procurement is an area where in recent years there has been a significant growth in litigation. In contrast to ordinary public law principles, where there is a high threshold before the court will intervene, procurement law involves a much more searching approach to review. Exacting standards are applied to the conduct of procurement processes, … Read more