Government introduces the Judicial Review and Courts Bill into Parliament

    On 21 July, the Government introduced the Judicial Review and Courts Bill into Parliament. The Bill was foreshadowed in the Queen’s Speech on 11 May as part of the Government’s aim to ‘restore the balance of power between the executive, legislature and the courts’. The Government’s press release states that the Bill will ‘equip judges with the tools to give … Read more

    High Court finds apparent bias in contract award decision

    The High Court has found apparent bias on the part of the Government in respect of its award of a contract under the Public Contracts Regulations 2015 (the “PCR“) for the provision of focus group and communication support services without public notice or competition during the early weeks of the Covid-19 pandemic (the “Contract“) (R … Read more

    Referral decision by professional body not amenable to judicial review

    Summary The High Court has held that a decision by a professional body to refer a complaint against a member to a disciplinary board was not amenable to judicial review (R (Hannah) v Chartered Institute of Taxation [2021] EWHC 1069 (Admin)). Key points The approach taken by the Courts when ascertaining whether an organisation is … Read more

    Public Law Podcast: Government Consultation on Judicial Review

    In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Vikram Sachdeva QC of 39 Essex consider the Government’s recent consultation on judicial review following the Independent Review of Administrative Law submitted in January. Herbert Smith Freehills Podcasts · Public Law Podcast EP8: Government Consultation on Judicial Review You can read … Read more

    HSF responds to Government’s Consultation on Judicial Review Reform

    The Queen’s Speech on 11 May announced a Judicial Review Bill. This followed a consultation on judicial review reform launched by the Government on 18 March 2021 (the “Consultation“) and the publication of the report by the Independent Review for Administrative Law (the “IRAL“) on its review into possible reforms to the judicial review process (the … Read more

    High Court considers use of expert evidence in judicial review

    The High Court in R (Transport Action Network Ltd) v Secretary of State for Transport [2021] EWHC 568 (Admin) considered the extent to which a party in judicial review proceedings may adduce expert evidence. Key points Expert evidence is seldom required in order to resolve judicial review proceedings. That is because it is not the … Read more

    Public Law Podcast: Regulatory Disputes in the Consumer Sector

    Businesses who deal with consumers will generally wish to have a good relationship with Government, regulators and other public authorities. However, there are times when a company’s interests are such that they come into conflict. At those times companies may wish to consider how that conflict might be resolved if it were to reach court. … Read more

    Publication of the Independent Review of Administrative Law’s Report and a Government Consultation into Judicial Review

    On 18 March 2021, the Independent Review of Administrative Law (the “IRAL”) published its report on reform to the judicial review process (the “IRAL’s Report”) in which it made two substantive recommendations and a number of procedural recommendations. The Lord Chancellor and Secretary of State for Justice agreed with those recommendations and was “also interested … Read more

    Climate change and the role of regulators

    In November 2020, the government announced an ambitious ten-point plan to boost green jobs and reach net-zero. The plan was a recent recognition at a national-level of the pressing need to combat climate change. It addresses an expansive set of topics: from offshore wind to walking and cycling; from carbon capture to finance. The proposals … Read more