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

    Public Law Podcast: Shaping and Challenging Policy (Part 2)

    In the latest edition of our Public Law Podcast series, Jasveer Randhawa and James Wood discuss challenging policy. This is part two of a series focusing on policy, where we now turn to look at how to challenge a policy that may have a detrimental impact on your business. Herbert Smith Freehills Podcasts · Public … 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

    Public Law Podcast: Shaping and Challenging Policy (Part 1)

    In the latest edition of our Public Law Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development. Herbert Smith Freehills Podcasts … Read more

    A high standard is applied before Court will hold public bodies to assurances

    In R (E.ON Next Energy Ltd) v Gas and Electricity Markets Authority [2023] EWHC 2891 (Admin) the High Court interpreted alleged assurances that passed between the Claimant, a retail supplier of energy and gas, and the Defendant, the independent regulator of the gas and energy market, during an energy supply crisis in 2021 and 2022. … Read more

    Divisional Court emphasises contractual context in dismissing judicial review challenge to London Metal Exchange

    In R (Elliott Associates, Elliott International and Jane Street Global Trading) v The London Metal Exchange and LME Clear [2023] EWHC 2969 (Admin), the Divisional Court has dismissed judicial review proceedings and a damages claim under the Human Rights Act 1998 (“HRA“) brought by traders Elliot Associates and Jane Street against the London Metal Exchange (“LME“) … Read more

    High Court concludes that HS2 procurement process was lawful

    In Siemens Mobility Limited v High Speed Two (HS2) Limited [2023] EWHC 2768 (TCC), the Technology and Construction Court held that there was no manifest error in the rolling stock procurement run by High Speed Two (HS2) Limited (“HS2“). HS2 was found not to have breached the key principles of equal treatment, non-discrimination and transparency. … Read more