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The Ministry of Justice has today released a consultation paper outlining proposals for reform of the Human Rights Act 1998. Reform has been anticipated for many years, having been brought to the forefront of public attention upon the release of the Government’s 2019 manifesto. The consultation paper proposes an ‘overhaul‘ of the Act in order … Read more
The High Court has considered the principles applicable to the admissibility of expert evidence in judicial review proceedings, as well as the weight to be given to witnesses’ comments that stray beyond opinion into argument (R (Gardner) v Secretary of State for Health and Social Care [2021] EWHC 2946 (Admin)). Key points In judicial review … Read more
The High Court has found that positive operational duties under the Human Rights Act 1998 (“HRA“) were triggered by the failure of the Environment Agency (“EA”) to address recommendations in a health risk assessment by Public Health England (“PHE“) regarding the operation of a landfill site which operates under an EA permit (R (on the … Read more
In a rare intervention on the question of costs, the Supreme Court has confirmed in CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 that those bringing claims for judicial review and statutory challenges can face exposure to multiple sets of costs at the permission stage. Key points The court … Read more
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of ‘accountability and the constitution’. The sessions will begin on Monday 18 October, and will include a keynote … Read more
In the latest episode of our Public Law Podcast, Andrew Lidbetter and Nusrat Zar are once again joined by Vikram Sachdeva QC of 39 Essex. They consider the implications of the Judicial Review and Courts Bill introduced into Parliament in July. This podcast follows on from our episode earlier this year which covered the Government’s … Read more
The First-tier Tribunal (“FTT“) has overturned a decision by the Information Commissioner (the “Commissioner“) in finding that Heathrow Airport Ltd (“HAL“) is not a public authority for the purposes of the Environmental Information Regulations 2004 (the “EIR“), in Heathrow Airport Limited v Information Commissioner, EA/2020/0101. Key Points: A dual test is applied when determining whether an … Read more
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
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
