Administrative and Public Law Notes

Judicial reviews of inquiries

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) …

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 …

Prime Minister commits to a future independent inquiry into Government's handling of the COVID-19 crisis

Supreme Court challenge succeeds on the basis of unlawful delegation by a Minister

In R v Adams [2020] UKSC 19 the Supreme Court considered the nature and application of the principle established in Carltona Ltd v Commissioners of Works …

Administrative Court refuses permission to legal challenge to the UK Government’s lockdown regulations

Dolan & Ors v Secretary of State for Health And Social Care & Anor [2020] EWHC 1786 (Admin) A claim brought by the entrepreneur Simon Dolan and …

Regulatory disputes in the consumer sector

Businesses who deal with consumers will generally wish to have a good relationship with Government, regulators and other public authorities. However, …

Emerging from the lockdown – significant changes introduced to the key regulations

As the UK moves to the next phase of its COVID-19 response, the Government has increasingly started looking at ways to lift the lockdown and restart the …

The Commercial Court holds contract with public body to be ultra vires and void

In School Facility Management Ltd & Others v Governing Body of Christ The King College & Isle of Wight Council [2020] EWHC 1118 (Comm), the High …

Statutory guidance must remain within the purpose of the primary legislation

In R (on the application of Palestine Solidarity Campaign Ltd) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the …

Supreme Court confirms broader scope for challenging deportation under Article 3 of the European Convention on Human Rights

The Supreme Court this week handed down judgment in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, clarifying the scope for …

Court of Appeal considers the legality of policies

In Bayer Plc v NHS Darlington Clinical Commissioning Groups [2020] EWCA Civ 449 the Court of Appeal had to consider the legality of a policy issued by …