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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 British Gas Trading Ltd) v Secretary of State for Energy Security and Net Zero [2023] EWHC 737 (Admin), the High Court refused permission for judicial review where challenges to decisions made by the Secretary of State (“SoS“) regarding the transfer of the business of Bulb Energy to Octopus Energy … 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 Bristol Airport Action Network Co-ordinating Committee v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 171 (Admin), the High Court dismissed a challenge brought primarily on climate change grounds by various local environmental groups and residents to the grant of planning permission for the expansion of Bristol Airport. Key points Planning … Read more
Judgment was handed down in the High Court today by Mrs Justice Lieven in the case of R (on the application of AQUIND Limited) v Secretary of State for BEIS and others [2023] EWHC 98 (Admin). Mrs Justice Lieven found in favour of the Claimant, AQUIND Limited, represented by Herbert Smith Freehills LLP. The judgment … Read more
In R. (on the application of Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14 the Court of Appeal dismissed an appeal brought by Friends of the Earth relating to the Government’s decision to provide export finance in support of a natural gas project in … Read more
In R. (on the application of Doncaster MBC) v Doncaster Sheffield Airport Ltd [2022] EWHC 3060 (Admin), the Administrative Court has indicated that it is “arguable with a realistic prospect of success” that a decision made by a privately owned airport operator, Doncaster Sheffield Airport Limited (the “Operator“), to close Doncaster Sheffield Airport, is amenable … Read more
The Administrative Court has emphasised the importance of the duty of candour in judicial review proceedings, and found a breach of that duty by the Secretary of State in R. (on the application of HM) v Secretary of State for the Home Department [2022] EWHC 2729 (Admin). The two joined claims concerned the Home Office’s … Read more
