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When will the courts leave matters to Parliament?

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....

Andrew Lidbetter, Nusrat Zar.

Licence revocation did not breach substantive legitimate expectation

United Kingdom - September 6 2012 The Court of Appeal, in a judgment delivered by Laws LJ, has confirmed that the Secretary of State for the Home Department was entitled to revoke a sponsorship licence granted to Capital Care Services (UK) Limited (Capital Care) in circumstances where it was mistakenly granted in the first place and was subject to withdrawal at any time....

Andrew Lidbetter, Nusrat Zar.

Cabinet Office publishes new guidance on consultation principles

United Kingdom - August 16 2012 In public law terms, an inadequate consultation process by a public body can be challenged by an affected party in judicial review proceedings, generally on grounds of procedural impropriety or legitimate expectation...

Andrew Lidbetter, Nusrat Zar.

EU law rights to demand review of environmental acts do not fully implement Aarhus obligations

European Union - July 27 2012 In two judgments issued on 14 June 2012, the General Court of the European Court of Justice (the Court) held that elements of the EU Regulation implementing the Aarhus Convention with respect to EU institutions are incompatible with the Convention obligations and that those obligations prevail over the Regulation....

Louise Moore, Andrew Lidbetter, Jonathan Harwood.

When does fairness require consultation?

United Kingdom - 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....

Andrew Lidbetter, Nusrat Zar.