Challenge to lockdown regulations heard by the Court of Appeal – Judgment

The Court of Appeal today handed down its judgment in respect of the proceedings brought by Simon Dolan and others (“the Appellants”) seeking to challenge the lockdown measures introduced in England in March 2020 via the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) following the outbreak of COVID-19 (see our earlier post regarding … Read more

Public Law Podcast: Government’s Independent Review of Administrative Law

In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Jasveer Randhawa discuss and debate the Government’s Independent Review of Administrative Law and the Ministry of Justice’s related Call for Evidence, to which Herbert Smith Freehills has recently responded. Herbert Smith Freehills Podcasts · Public Law Podcast EP6: Government’s Independent Review … Read more

Invitation to Online Judicial Review Academy: 23 to 26 November

Together with Brick Court Chambers, Herbert Smith Freehills’ public law team is pleased to be partnering with the Public Law Project to run a complete course which aims to provide lawyers and advisers, policy people, and decision makers with an understanding of bringing and defending judicial review claims. The course is also relevant to those … Read more

Challenge to lockdown regulations heard by the Court of Appeal

In an earlier post, we covered a challenge brought by the entrepreneur Simon Dolan and others (“the Claimants”) seeking to challenge the lockdown measures introduced in England following the outbreak of COVID-19 (“Dolan 1”). At that stage, the Administrative Court had refused permission to apply for judicial review in July on the basis that the … 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

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