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When will the courts leave matters to Parliament?

Herbert Smith Freehills LLP
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United Kingdom
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September 26 2012

A recent decision of the Administrative Court provides guidance on when objections to regulatory decisions and statutory regulatory schemes can be resolved through judicial review, and when they should more properly be addressed to Parliament

When does fairness require consultation?

Herbert Smith Freehills LLP
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United Kingdom
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July 26 2012

In this e-bulletin we consider the issue of when, absent a promise or past practice of consultation, public bodies may be required to consult as part of their general duty to act fairly

Court of Appeal provides general guidance on costs issues in judicial review cases

Herbert Smith Freehills LLP
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United Kingdom
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June 7 2012

In a recent appeal against a decision to make no order for costs where proceedings were settled when the defendant local authority conceded the only substantive issue, the Court of Appeal provided general guidance on costs issues in judicial review cases

Contracting with public authorities: public or private law?

Herbert Smith Freehills LLP
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United Kingdom
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April 27 2012

Two recent High Court cases illustrate the difficulties in determining when a party contracting with a public authority can pursue public law remedies

Court of Appeal finds that change from RPI to CPI as measure for public sector pension increases was lawful

Herbert Smith Freehills LLP
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United Kingdom
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March 30 2012

The Court of Appeal has held that the Government acted lawfully in deciding to alter the basis upon which public sector pensions are annually increased to take account of inflation by using the Consumer Prices Index ('CPI') rather than the Retail Prices Index ('RPI'

The constitution of disciplinary and appeal boards and the appearance of bias

Herbert Smith Freehills LLP
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United Kingdom
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November 25 2011

One aspect of the duty on public bodies to act fairly is the need to ensure that decisions are not vitiated by actual or apparent bias

Reduction of benefits payable under Civil Service Compensation Scheme did not breach civil servants' ECHR property rights

Herbert Smith Freehills LLP
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United Kingdom
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September 5 2011

In another of a line of recent cases arising from decisions on the allocation of resources following the Government's spending review, the High Court has rejected a judicial review challenge to amendments made to the Civil Service Compensation Scheme

Court of Appeal changes approach on costs awards where a public body settles a judicial review claim after it has been issued

Herbert Smith Freehills LLP
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United Kingdom
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August 5 2011

Adopting a recommendation in the Jackson Report, the Court of Appeal has altered the position on costs awards where a public body settles a judicial review claim after it has been issued

Just bad luck? Fairness and the reconsideration of erroneous administrative decisions

Herbert Smith Freehills LLP
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United Kingdom
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June 29 2011

In R (Tate & Lyle Industries Limited) v Secretary of State for Energy and Climate Change the Court of Appeal emphasised the importance of the fairness principle in public law, but clarified that, in the context of reconsidering decisions, fairness will only require a decision-maker to ignore up-to-date information in exceptional circumstances

Irrelevant and inadmissible considerations: restrictions on public interest legal aid rejected as unlawful

Herbert Smith Freehills LLP
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United Kingdom
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June 13 2011

In another case demonstrating the willingness of the Courts to intervene in decisions relating to public spending cuts where those decisions have not been properly taken in accordance with public law principles, the Divisional Court quashed amendments to the Legal Services Commission Funding Code

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