In this July wrap up edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. They start with an update on ECHR and proportionality, examining recent developments in A1P1 property rights, following the decisions in Dana Astra and BYL. The discussion then turns to practical takeaways for those advising on contentious regulatory matters, including the High Court’s refusal of permission to challenge a late application in Intelligent Land Investments Group, and the evidential threshold required when seeking to restrain the publication of public authority decisions in Euro Car Parks Ltd and South East Water. They also examine the courts’ evolving approach where regulators overstep, as illustrated by R (University of Sussex) v Office for Students, alongside recent High Court guidance on the correct test to be applied in energy price control appeals. To conclude, they flag the Divisional Court's decision on the lawfulness of facial recognition technology and the useful lessons it holds for the future use of AI by public authorities.
Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).
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You can find out more about the cases covered in this podcast on our blog at the following links:
The latest from the Court of Appeal on A1P1 and proportionality
High Court refuses permission to challenge rejection of late application under regulatory scheme
When Regulators Overstep: Lessons from Sussex v OfS
High Court provides valuable guidance on correct test in energy price control appeals
Cross-examining AI – Episode 3: Use of AI by public authorities and key IP issues
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