Administrative and Public Law Notes

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 …

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 …

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

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 …

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 …

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 …