AI in regulatory decision making – is it the end of the world?

In November the UK will be hosting the first global summit on the regulation of AI at Bletchley Park. The recent growth of programs such as ChatGPT has prompted much debate around standards for the creation and deployment of artificial intelligence, and even concerns about the future of humanity. But what about the deployment of … Read more

Actions speak louder than words – how deferential will the courts really be to sanctions decisions made by the Government?

In Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2023] EWHC 2121 (Admin), the High Court commented that questions of evidence concerning designating specific individuals under the sanctions regime were not entirely questions of foreign policy on which the court is unqualified to form a view, nor a subject on which the … Read more

Courts consider public authorities’ duty to consult

Two recent judgments relating to consultation outline the fact and context specific nature of this area. In one decision, the Court of Appeal overturned the High Court’s finding that the Government’s National Disability Strategy was unlawful on the basis that the voluntary exercise undertaken did not meet the requirements of a fair consultation (R (on … Read more

Goodbye to EU Law and the Bill of Rights Bill?

The Retained EU Law (Revocation and Reform) Act 2023 (“REUL Act“) received the royal assent on Thursday 29 June but the same can’t be said for the Bill of Rights Bill (the “Bill“), which the Government confirmed will not be proceeding on 27 June 2023. The REUL Act marks a step forward in the efforts … Read more

Divisional Court to hear judicial review challenge on Covid-19 Inquiry powers

The Divisional Court is set to hear a high-profile judicial review today, brought by the Cabinet Office against the Chair of the UK Covid-19 Inquiry (the “Chair” and the “Inquiry“), relating to the Cabinet Office’s document production obligations. The Cabinet Office is challenging a notice issued by the Inquiry under section 21 of the Inquiries … Read more

When can a public authority withdraw its own decision?

In R. (on the application of Piffs Elm Ltd) v Commission for Local Administration in England [2023] EWCA Civ 486, the Court of Appeal considered the withdrawal of a decision by the Local Government Ombudsman (the “Ombudsman“), and in doing so, provided useful commentary regarding the limits of a public authority’s implied powers. Key Points … Read more

Retained EU Law (Revocation and Reform) Bill – Update on Progress

The Retained EU Law (Revocation and Reform) Bill (REUL Bill) has now completed its report stage in the House of Lords and is due to have its 3rd Reading on 22 May, after which it will return to the Commons.  A reprint of the REUL Bill showing the substantial amendments made at this stage will be … Read more