In R (Good Law Project Ltd) v The Secretary of State for Health and Social Care [2022] EWHC 2468 (TCC), the High Court dismissed a judicial review claim brought by the Good Law Project (“GLP“) against the Secretary of State for Health and Social Care (“SSHSC“) in connection with the awarding of contracts in the … Read more

The post below was first published on our Banking Litigation notes blog. The Administrative Court has dismissed an application for judicial review of a decision by the Financial Ombudsman Service (FOS) in the context of a complaint against a lender by an individual borrower who claims she is trapped in her mortgage (a so-called “mortgage … Read more

In R. (on the application of Kellogg Marketing and Sales Co (UK) Ltd) v Secretary of State for Health and Social Care [2022] EWHC 1710 (Admin) the High Court dismissed all four grounds of a challenge brought by Kellogg to the Food (Promotions and Placement) (England) Regulations 2021 (SI 2021/1368) (the “Regulations”). Key Points The … Read more

In R (Friends of the Earth Ltd and ors) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWHC 1841 (Admin), the High Court partially upheld a challenge to the Government’s Net Zero Strategy (the “NZS“) under the Climate Change Act 2008 (the “2008 Act“). Key Points It is not incumbent on the … Read more

In R (on the application of SSE Generation Ltd) v Competition and Markets Authority [2022] EWHC 865 (Admin), the Court found an error of law on the part of the Competition and Markets Authority (“CMA”) in the context of amendments made to an energy code. Key Points There is no hierarchy of obligations in legislation, … Read more

Recent weeks have seen a number of notable developments concerning new or proposed legislation which could have a wide-ranging impact on aspects of public and administrative law. In particular: The Judicial Review and Courts Act 2022 has recently received Royal Assent and introduces, amongst other things, changes to remedies in judicial review. The Queen’s Speech, … Read more

In R (Gardner and Harris) v Secretary of State for Health and Social Care and others [2022] EWHC 967 (Admin) the Divisional Court has found that arrangements by the Department of Health for discharging patients from hospitals to care homes during the pandemic were unlawful. Key points Article 2 of the European Convention on Human … Read more

In R (on the application of Friends of the Earth Limited) v Secretary of State for International Trade/Export Credits Guarantee Department [2022] EWHC 568 (Admin), the court refused to quash a decision to provide export finance in support of a natural gas project in Mozambique. Key points The nature and scope of the enquiry that … Read more