Procurement Disputes

Public procurement is an area where in recent years there has been a significant growth in litigation. In contrast to ordinary public law principles, where there is a high threshold before the court will intervene, procurement law involves a much more searching approach to review. Exacting standards are applied to the conduct of procurement processes, … Read more

Court of Appeal upholds regulatory judgment in technical field

Recently, the Court of Appeal gave its decision in R (Cotter) v NICE [2020] EWCA Civ 103. The case challenged a decision by NICE which made it harder for a patient to obtain a particular medicine than would have been the case had NICE taken a different approach. Background The Claimant sought judicial review of … Read more

High Court considers concept of “rolling” judicial review

The High Court has considered the concept of a continuing act or failure to act by a public body being the subject of a ‘rolling’ judicial review claim in R (Ali Raja & Anor) v London Borough of Redbridge [2020] EWHC 1456 (Admin). Key points The conventional approach to judicial review is for the claimant … Read more

Policy Matters: An introduction to Public Inquiries

The Administrative and Public Law team hosted a Policy Matters webinar on public inquiries on Thursday 10 September 2020. Hosted by Associate Sahil Kher, the webinar featured insights from Andrew Lidbetter (the head of HSF’s Administrative and Public Law practice in London) and Nusrat Zar, who is also a partner in the team. Andrew and … Read more

Government’s terms of reference for review of the judicial review process

Upon the Government announcing on 31 July a review of judicial review and the membership of the review panel, the Government also published its terms of reference (the “Terms of Reference”) for the review. The review will focus on whether reform to the judicial review process and other aspects of public law decision making is … Read more

Judicial reviews of inquiries

Two Divisional Court judgments have considered the position regarding the application of Article 6 of the European Convention on Human Rights (“ECHR”) (the right to a fair trial) in judicial review proceedings regarding a decision not to hold an inquiry, and the timeframe within which a judicial review of an inquiry under the Inquiries Act … Read more

Upper Tribunal considers what constitutes a public authority under the Environmental Information Regulations

The Upper Tribunal (the “UT”) in Information Commissioner v Poplar Housing Association and Regeneration Community Association [2020] UKUT 182 (AAC) has dismissed the Information Commissioner’s appeal against a decision by the First-tier Tribunal (the “FTT”), confirming a housing association was not a “public authority” for the purposes of regulation 2(2)(c) of the Environmental Information Regulations 2004 … Read more

Government launches panel to consider the judicial review process

On the afternoon of Friday 31 July the Government announced that it had appointed a panel of experts (the “Panel”) to examine if there is a need to reform the judicial review process (the “Review”). Background The Conservative Party in its 2019 manifesto (at page 48) committed to establishing a Constitution, Democracy and Rights Commission … Read more

Judicial Review – Strategies for Pharmaceutical Companies

In the latest episode of HSF's webinar series on the pharmaceutical sector, Andrew Lidbetter, Sanam Zulfiqar Khan, Mark Smyth and Lourdes Fraguas discuss judicial review and strategies for pharmaceutical companies. The webinar provides a summary of actions by pharmaceutical companies challenging decisions of public bodies in the UK and a comparative perspective for Australia and Spain. Read more