Administrative and Public Law Notes

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

Unreasonable timetable set by regulator quashed for unfairness

In J Sainsbury plc and Asda Group Limited v Competition and Markets Authority[2019] CAT 1, 18 January 2019 the …

Just what the doctor ordered - the High Court upholds the award methodology for the UK's largest ever procurement of medicines

The Same or Different The Test for Refusing Permission and Judicial Review Remedies

More than three years have passed since the introduction of the so-called "no (substantial) difference" test in judicial …

Arrested Development Court of Appeal issues first declaration of ineffectiveness under the English procurement regime

For the first time, the Court of Appeal has issued a declaration of ineffectiveness under the English procurement regime in Faraday Development Ltd …

Court of Appeal emphasises importance of public bodies keeping to express promises

In R (Save Britain's Heritage) v Secretary of State for Communities and Local Government and others [2018] EWCA Civ 2137 the Court of …

Rolling in the deep court favours public interest when deciding to lift the suspension of a contract award for new tube trains