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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 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
R (on the application of Mott) v Environment Agency [2018] UKSC 10 Key Points There is not a clear-cut, or crucial, distinction between expropriation and control of use when it comes to a breach of the right to peaceful enjoyment of possessions under Article 1 of the First Protocol to the European Convention on Human Rights … Read more
In EE Ltd v Office of Communications [2017] EWCA Civ 1873, the Court of Appeal quashed Ofcom’s decision to increase licence fees, and found that the Secretary of State for Culture, Media and Sport (the “Secretary of State“) could not issue directions that would have the effect of relieving Ofcom of its statutory duties and objectives under … Read more
