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Results: 1-10 of 91

Policy-related judicial review: target duties and financial constraints

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 1 2009

The Court of Appeal in R (on the application of Friends of the Earth & Ors) v Secretary of State for Energy and Climate Change 2009 EWCA CIV 810 upheld McCombe J's dismissal of an application for a declaration that the Secretary of State had failed to fulfil its statutory duty to implement the UK Fuel Poverty Strategy (the "Strategy"

FOI Commissioner orders public disclosure of financial details of PFI contract

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 20 2008

A recent ruling of the Scottish Information Commissioner has highlighted the importance of considering the impact of Freedom of Information legislation when providing commercially sensitive information to a government agency

New Ministry of Justice

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 1 2007

The Ministry of Justice came into being on 9 May

Proposed data protection changes: sharper teeth for the ICO?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 16 2009

The Coroners and Justice Bill proposes increasing the powers of the Information Commissioner's Office (ICO), the regulator of the Data Protection Act 1998 (DPA

Network Rail is not a "public authority" under the Environmental Information Regulations 2004

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 23 2007

The Information Tribunal ("IT") has recently considered the definition of a "public authority" for the purposes of the Environmental Information Regulations 2004 ("EIR") in Network Rail Limited v The Information Commissioner: EA20060061 and EA20060062

The extent to which public bodies can depart from the findings of fact of an adjudicative tribunal

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 25 2008

The Court of Appeal's judgment in R (on the application of Bradley and others) v Secretary of State for Work and Pensions 2008 EWCA Civ 36 has clarified the circumstances in which Government departments and their agencies can lawfully decide not to accept the findings of the Parliamentary Commissioner for Administration (the Commissioner), otherwise known as the Parliamentary Ombudsman

The Regulatory Enforcement and Sanctions Bill

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 13 2008

As a result of draft legislation currently before Parliament, a number of regulators may soon be able to apply for an enhanced range of sanctioning powers

Regulatory proceedings and property rights: revisited

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 19 2007

The Court of Appeal has reversed the decision of the High Court in R (Malik) v Waltham Forest Primary Care Trust and others 2006 EWHC 487, in which Mr Justice Collins held that a decision by a Primary Care Trust to suspend a doctor from the medical performers list, as part of professional disciplinary processes, was an unjustified interference with the doctor's rights under Article 1 of the First Protocol (the right to peaceful enjoyment of possessions) ("A1P1"

Joint Committee on Human Rights calls for legislation on the meaning of "public authority" under the Human Rights Act 1998

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 3 2007

The House of LordsHouse of Commons Joint Committee on Human Rights ("JCHR") has published a report entitled "The Meaning of Public Authority under the Human Rights Act", in which it considers the arguments for clarifying and widening the scope of the Human Rights Act ("HRA") through the application of a wider interpretation of "public authority" than that which has been adopted by the courts in the case law to date

Information Tribunal rules that contracts are not protected by FOIA exemption for confidential information

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 24 2007

The Information Tribunal has ruled that Derry City Council must disclose financial information relating to a contract with Ryanair

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