Administrative and Public Law Notes

High Court considers extraterritorial application of compulsory powers

In the case of R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2368 (Admin) ("KBR"), the High …

Court of Appeal rules on the availability of judicial review of a private entity

In R (Holmcroft Properties Limited) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal dismissed an appeal of the Divisional Court's decision …

Court of Appeal reluctant to intervene in public body's decision regarding the allocation of funding

When will the courts intervene in regulatory decisions concerning future issues

In R (Avaaz Foundation) v Ofcom [2018] EWHC 1973 (Admin), the Administrative Court (Supperstone J) dismissed all …

High Court applies high threshold test to injunctions against public bodies

In Taveta Investments Ltd (Claimant) v (1) Financial Reporting Council (2) Conduct Committee of the Financial Reporting Council (3) Executive …

Public Procurement Health Check – TCC Decision Provides Checklist of how Public Procurement Exercises can go Awry

In a decision which will have important implications for the conduct of public procurement exercises, the Technology and Construction Court ("TCC") has …

Supreme Court considers exercise of discretionary powers by public bodies

JP Whitter (Water Well Engineers) Limited (Appellant) v Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2018] UKSC 31 Key Points …

The National Audit Office reports on government-funded inquiries

The National Audit Office ("NAO") recently published the findings of its investigation into government funded inquiries (the "Report") , …

Supreme Court clarifies that unequal treatment and unfairness are not freestanding grounds of judicial review in domestic law

In an important public law development, the UK Supreme Court has clarified that unequal treatment and substantive unfairness are not freestanding grounds …

High Court Grants Judicial Review Claim Brought Over Five Years After Expiry of Limitation Period

In a decision of the High Court (R (Thornton Hall Hotel Limited) v Wirral Metropolitan Borough Council [2018] EWHC 560 (Admin)) Mr Justice Kerr …

Court of Appeal highlights the limits of Ombudsmens' discretion

In Miller & Another v Health Service Commissioner for England [2018] EWCA Civ 144, the Court of Appeal quashed a decision of the …

Striking a fair balance is more important than legal categorisation

R (on the application of Mott) v Environment Agency [2018] UKSC 10Key PointsThere is not a clear-cut, or crucial, distinction between expropriation …