Administrative and Public Law Notes

Policy making through the back door – Spotting issues and challenging Brexit-related SIs

With the European Union (Withdrawal Agreement) Act 2020 (the Withdrawal Agreement Act) now formally on the statute books, Britain is set to exit the EU …

Public Procurement: Public interest prevails as High Court lifts suspension of Network Rail contract

In a judgment handed down on 20 December 2019, the High Court in Alstom Transport UK Ltd v Network Rail Infrastructure Ltd [2019] EWHC 3585 (TCC) allowed …

Broad public consultations not always sufficient to meet the requirements of fairness

In R (on the application of British Blind & Shutter Association) v Secretary of State for Housing, Communities & Local …

Energy price cap to be recalculated following flawed consultation

In R (on the application of British Gas Trading Ltd) v Gas & Electricity Markets Authority and others [2019] EWHC 3048 …

Labour's plans for energy and medicines – public law analysis

We have published two papers which consider the impact of the Labour Party's recently announced policies on two heavily regulated sectors, namely the …

Practice head receives award for pro bono contribution

The public law team is delighted that Andrew Lidbetter, practice head, has won the Best Contribution by an Individual Award at the LawWorks Annual Pro …

Incidental powers allow public body to publish its findings in the public interest

In Vote Leave Ltd v The Electoral Commission [2019] EWCA Civ 1938 the Court of Appeal found that it was within the Electoral Commission's …

Watt's the issue here? High Court dismisses challenge to Government smart meter programme

In R (on the application of Utilita Energy Ltd v Secretary of State for Business, Energy & Industrial Strategy [2019] EWHC 2612 (Admin), the High …

Supreme Court holds that public authorities may disapply secondary legislation in cases of incompatibility with the Human Rights Act

London-wide ban on Extinction Rebellion protests quashed by High Court

Last week the High Court handed down its judgment on the high profile judicial review brought against the Commissioner of Police for the Metropolis by a …

Herbert Smith Freehills hosts Public Law Project conference on public law and technology

High Court finds professional disciplinary process to be unlawful

In Captain Arshad Rashid v Oil Companies International Marine Forum [2019] EWHC 2239, the High Court criticised a voluntary association for …