Supreme Court considers test for proportionality in judicial review proceedings

In Scotch Whisky Association v The Lord Advocate (Scotland) [2017] UKSC 76, the Supreme Court has held that a “suppressed” form of proportionality review, focused on suitability and necessity, applies for review of measures designed to address serious public health issues. Key points The Supreme Court held that a two stage proportionality assessment focused on suitability and … Read more

Exceptional circumstances required to interfere with statutory appeal process

In Glencore Energy UK Limited v Revenue & Customs Commissioners [2017] EWCA Civ 1716, the Court of Appeal has emphasised that it is only in the most exceptional circumstances that the Courts will intervene by way of judicial review when there is a statutory appeal process available. Key Points The Court reiterated the basic principle that judicial review … Read more

No entitlement to demand a public disciplinary hearing

In ZAI Corporate Finance Limited v AIM Disciplinary Committee of the London Stock Exchange Plc (and London Stock Exchange Plc, interested party) [2017] EWCA Civ 1294, the Court of Appeal considered whether a disciplinary hearing should be conducted in public or private. Key Points Whether a hearing should be held in public or private depends on … Read more

Statutory licence or contract

In R (Dean) v Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1998 (Admin) (Holgate J) the Administrative Court had to consider whether a licence was a statutory instrument governed by public law or a contract subject to ordinary contractual law principles, for the purposes of establishing whether a deed of variation was … Read more

Judicial review reaffirmed as a remedy of last resort

In a recent decision, Glencore Energy UK Limited v Commissioners of HMRC [2017] EWHC 1476 (Admin), the Administrative Court (Green J) held that permission to apply for judicial review should be refused where there are alternative remedies available to a claimant which are in substance adequate and appropriate. Key points The Court emphasised the principle that judicial … Read more

Court of Appeal gives effect to the broad definition of environmental information under the EIR

The Court of Appeal in Department for Business, Energy and Industrial Strategy v The Information Commissioner and Alex Henney [2017] EWCA Civ 844 has upheld an Upper Tribunal (“UT“) decision that information about the communications and data component of a Smart Meter Programme (the “Programme“) constitutes “environmental information” for the purposes of regulation 2(1) of the Environmental … Read more