Administrative and Public Law Notes

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 …

Supreme Court unanimously holds that extended prorogation of Parliament is unlawful

In R (Miller) v The Prime Minister; Cherry and ors v Advocate General for Scotland [2019] UKSC 41, the Supreme Court found that the Prime …

High Court considers what constitutes sufficient reasons

In R (Gare) v Babergh District Council [2019] EWHC 2041, the High Court quashed a planning permission granted by Babergh District Council (the …

Privy Council holds that judicial review applies when public bodies negotiate commercial agreements

Presumption against blocking judicial review reaffirmed

In an important judgment on constitutional principle, the Supreme Court has reaffirmed the fundamental presumption against ousting the supervisory …

On a power trip? High Court finds Secretary of State acted ultra vires

In R. (on the application of VIP Communications Ltd) (In Liquidation) v Secretary of State for the Home Department [2019] EWHC 994 (Admin), the …

Leave it to the experts? High Court finds more expected from regulators on matters where they lack expertise

The Administrative Court in R. (on the application of Gwynt-y-Môr Offshore Wind Farm Ltd) v Gas and Electricity Markets Authority [2019] EWHC …

Tribunal advocates generous meaning of "public authority" within the EIR

The First-tier Tribunal ("FTT") in Poplar Housing Association and Regeneration Community Association ("Poplar") v Information Commissioner and …

Difficulties in challenging regulatory action demonstrated again by High Court