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The "exclusivity principle" in a planning context

Herbert Smith Freehills LLP
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United Kingdom
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January 27 2011

The Court of Appeal has held that the service of a breach of planning condition notice is a "purely public" act, so the correct way of challenging such a notice is by way of judicial review proceedings

Parties to judicial review: who is 'interested'?

Herbert Smith Freehills LLP
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United Kingdom
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July 1 2010

In R (on the application of McVey) v Secretary of State for Health 2010 EWHC 1225 (Admin) the High Court held that, in judicial review proceedings, it has no jurisdiction to hear interested third parties who cease to be directly affected by a claim

Disclosure and cross-examination of witnesses in judicial review cases

Herbert Smith Freehills LLP
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United Kingdom
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October 13 2009

In R (Al-Sweady and Others) v Secretary of State for Defence 2009 EWHC 2387 (Admin), the High Court found that where the outcome of a judicial review application might depend on the determination of a factual dispute, the court should give urgent consideration to ordering disclosure and cross-examination

Quashing a decision on the basis of material error of fact

Herbert Smith Freehills LLP
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United Kingdom
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April 30 2010

In R (March) v Secretary of State for Health 2010 EWHC 765 (Admin), Mr Justice Holman in the High Court quashed on the grounds of material error of fact a decision by the Secretary of State concerning the level of ex gratia payments made to NHS patients treated with contaminated blood

High Court sets out key principles to ensure a fair consultation process

Herbert Smith Freehills LLP
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United Kingdom
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April 10 2013

In the recent decision of R (on the application of Save our Surgery Ltd) v Joint Committee of Primary Care Trusts 2013 EWHC 439, the court quashed

Interim relief in judicial review claims

Herbert Smith Freehills LLP
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United Kingdom
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June 16 2010

The ruling of the Administrative Court in Leeds Unique Education Ltd and AA Hamilton College Ltd v Secretary of State for the Home Department 2010 EWHC 1030 (Admin) considers the circumstances when it may be appropriate to grant interim relief in judicial review claims

Withdrawing licences: procedural unfairness and human rights

Herbert Smith Freehills LLP
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United Kingdom
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October 29 2010

In R (on the application of the London Reading College Limited) v Secretary of State for the Home Department 2010 EWHC 2561 (Admin), the High Court upheld a complaint that the Secretary of State had acted in a procedurally unfair manner by revoking a licence

Legitimate expectations vs statutory duty

Herbert Smith Freehills LLP
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United Kingdom
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April 21 2011

Can a legitimate expectation override a statutory duty? Can a Court which finds that a public authority acted irrationally grant relief that would override a statutory duty? These issues were addressed by the Court of Appeal recently in Corporation of the Hall of Arts and Sciences v The Albert Court Residents Association and Others and Westminster City Council 2011 EWCA Civ 430

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

The Supreme Court rules that the public procurement regulations do not prevent public authorities from acquiring shared services from an entity which they jointly control

Herbert Smith Freehills LLP
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United Kingdom
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February 25 2011

In Brent LBC and others v Risk Management Partners Ltd, the Supreme Court ruled that local authorities in London did not infringe public procurement law when they purchased insurance services directly from a company which they jointly owned and controlled

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