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Timeline - calendar of key issues

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 8 2011

Timeline: Calendar of key issues - 8 April 2011 edition

A hung parliament - what does this mean for the future of financial services regulation?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 7 2010

The outcome of the UK election has left a great degree of uncertainty today, and that uncertainty extends to the future of financial services regulation

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"

Consultation exercise was flawed for ignoring the silent majority

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 23 2011

A recent challenge to a local authority's decision to abolish a parish and its council succeeded, where it was held to be irrational to base the decision on the views of a small minority of local residents, in circumstances where the vast majority of the electorate had chosen not to express any view at all on the proposals

NICE, but unreasonable: the Court of Appeal quashes a decision of NICE on the grounds that it is inadequately reasoned

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

In R (Servier Laboratories Limited) v National Institute for Health and Clinical Excellence & Anr 2010 EWCA Civ 346 the Court of Appeal held that a decision of NICE, the National Institute for Health and Clinical Excellence, should be quashed as it lacked adequate reasoning and the court had 'grave concerns' about its rationality

Public authorities for the purposes of the Human Rights Act?

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

In the recent case of R (on the application of Johnson) v Havering London Borough CouncilYL v Birmingham City Council and Others 2007 All ER 271, the Court of Appeal has considered again the difficult question of what will qualify as a "hybrid" public authority for the purposes of section 6 of the Human Rights Act 1998 ("HRA"

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

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

Investment regulations

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 14 2010

Certain exemptions to the employer related investment regime will be removed with effect from 23 September 2010

When will the courts leave matters to Parliament?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

Court of Appeal consolidates the requirements for substantive legitimate expectation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 24 2013

The law of legitimate expectations relates to circumstances where a public body has in some way led someone to believe that the authority will act in