Administrative and Public Law Notes

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

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 …