In R (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and others [2018] EWCA Civ 2137 the Court of Appeal allowed an appeal, in part, against the High Court’s decision that there was no general duty at common law to give reasons for a procedural decision by the Secretary of State and, that any … Read more

The High Court has laid down an important ruling on the issue of whether a public authority may enter into a contract with its preferred bidder pursuant to a competitive tendering procedure, even though its award decision is the subject of a pending legal challenge alleging breaches of procurement law. The launch of such a … Read more

In the case of R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2368 (Admin) (“KBR“), the High Court dismissed a judicial review brought by the applicant, finding that the SFO was able to compel the production of documents located outside the jurisdiction held by a foreign company. This is … Read more

In R (Holmcroft Properties Limited) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal dismissed an appeal of the Divisional Court’s decision that KPMG is not amenable to judicial review in its role as an independent reviewer in connection with Barclays’ past business review exercise. Key points: The Court of Appeal agreed with the Divisional … Read more

In R (on the application of (1) Pharmaceutical Services Negotiating Committee (“PSNC“) (2) Susan Sharpe) v Secretary of State for Health (the “SoS“) and National Pharmacy Association (“NPA“): NPA v SoS [2018] EWCA Civ 1925, the Court of Appeal dismissed the challenges to an earlier decision of the Administrative Court, which rejected the claim that a package of … Read more

In R (Avaaz Foundation) v Ofcom [2018] EWHC 1973 (Admin), the Administrative Court (Supperstone J) dismissed all four grounds of the judicial review brought by Avaaz Foundation (“Avaaz“) of Ofcom’s decision that Sky plc (“Sky“)1 would remain fit and proper to hold a broadcast licence following its merger with 21st Century Fox Inc (“Fox“). Key points The Court will … Read more

In Taveta Investments Ltd (Claimant) v (1) Financial Reporting Council (2) Conduct Committee of the Financial Reporting Council (3) Executive Counsel of the Financial Reporting Council (Defendants) & (1) PricewaterhouseCoopers LLP (2) Stephen John Denison [2018] EWHC 1662 (Admin) the High Court rejected an application for an interim injunction restraining publication of a decision to impose sanctions … Read more

In a decision which will have important implications for the conduct of public procurement exercises, the Technology and Construction Court (“TCC“) has set aside the award of a public procurement contract on the grounds that the reasons given for the evaluation scores awarded to the tenderers were insufficient in law. In Lancashire Care NHS Foundation Trust … Read more