Constitutional All Change? The Judicial Review and Courts Act, the Brexit Freedoms Bill and a new Bill of Rights

    Recent weeks have seen a number of notable developments concerning new or proposed legislation which could have a wide-ranging impact on aspects of public and administrative law. In particular: The Judicial Review and Courts Act 2022 has recently received Royal Assent and introduces, amongst other things, changes to remedies in judicial review. The Queen’s Speech, … Read more

    Court finds Government’s Covid policy in care homes unlawful

    In R (Gardner and Harris) v Secretary of State for Health and Social Care and others [2022] EWHC 967 (Admin) the Divisional Court has found that arrangements by the Department of Health for discharging patients from hospitals to care homes during the pandemic were unlawful. Key points Article 2 of the European Convention on Human … Read more

    Decision makers have significant discretion in climate change issues

    In R (on the application of Friends of the Earth Limited) v Secretary of State for International Trade/Export Credits Guarantee Department [2022] EWHC 568 (Admin), the court refused to quash a decision to provide export finance in support of a natural gas project in Mozambique. Key points The nature and scope of the enquiry that … Read more

    HSF responds to the Government’s consultation on human rights reform

    The main window for response to the Government’s consultation paper on the reform of the Human Rights Act 1998 (“HRA“) has now closed. The consultation paper proposed an overhaul of the existing human rights regime in the UK by replacing the HRA with a new Bill of Rights. The proposals involved giving greater legislative guidance … Read more

    Court of Appeal finds no breach of positive human rights duties

    The Court of Appeal has allowed an appeal by the Environment Agency (“EA”) and set aside a declaration made by the High Court which had required the EA to take certain actions in order to comply with positive obligations under Articles 2 (the right to life) and 8 (the right to private life) of the … Read more

    ADMINISTRATIVE COURT DEFERS TO THE EXPERT VIEW OF REGULATOR

    In R (on the application of Cox) v Oil and Gas Authority [2022] EWHC 75 (Admin) the High Court has dismissed a judicial review challenge to a decision of the Oil and Gas Authority (“OGA“), in doing so emphasising that it will afford considerable deference to a regulator’s expert view and that there may not … Read more

    COURTS CONSIDER LEGALITY OF PROCUREMENT DECISIONS TAKEN DURING THE PANDEMIC

    Two recent judgments have been handed down, relating to allegations of breach of procurement rules by campaign organisation The Good Law Project against the Government. Both judgments related to procurement decisions made during the first wave of the Covid-19 pandemic: The High Court held that the Government’s use of a high priority lane in the … Read more