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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 National Security Bill, currently before the House of Lords on a shortened timetable, raises significant challenges for a wide range of businesses and others with international dimensions or interests, including charities, NGOs, institutions and other friendly international bodies. In essence, the Bill requires all foreign organisations, including companies, LLPs and unincorporated associations, whether businesses, … 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
In R. (on the application of SSE Generation Ltd) v Gas and Electricity Markets Authority (GEMA) [2022] EWCA Civ 1472, the Court of Appeal allowed the appeal and cross appeal brought by the Gas and Electricity Markets Authority (“GEMA“), and SSE Generation Limited (“SSE“), respectively, in the context of amendments made to an energy code. … Read more
In R (Good Law Project Ltd) v The Secretary of State for Health and Social Care [2022] EWHC 2468 (TCC), the High Court dismissed a judicial review claim brought by the Good Law Project (“GLP“) against the Secretary of State for Health and Social Care (“SSHSC“) in connection with the awarding of contracts in the … Read more