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Jan 23, 2025 | 
herbertsmithfreehills.com | Nusrat Zar |James Wood |Andrew Lidbetter |Jasveer Randhawa
In R (on the application of Shashikanth) v NHS Litigation Authority & Anor [2024] EWCA Civ 1477 the Court of Appeal held that an adjudicator's decision determining a contract dispute was subject to judicial review where the broader context and ultimate source of power was statutory. In doing so the court gave helpful guidance on the availability of judicial review in situations involving both public law and contractual rights.
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Jan 20, 2025 | 
herbertsmithfreehills.com | Nusrat Zar |James Wood |Andrew Lidbetter |Jasveer Randhawa
The Government has made much of its recent "AI Opportunities Action Plan" ("the Action Plan"), with all the positive rhetoric focusing on how transformative and exciting AI will be in the coming years. A key limb of this is the intention to scale up the use of AI in the public sector, i.e. by public bodies subject to public law requirements and with significant power over the lives and businesses of individuals and commercial organisations.
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Jan 8, 2025 | &sz=64)
herbertsmithfreehills.com | Nusrat Zar |James Wood |Andrew Lidbetter |Jasveer Randhawa
A Scottish court has confirmed that the consents for the Jackdaw and Rosebank North Sea oil and gas projects should be quashed as being unlawful for failing to assess the environmental effects of downstream emissions. This is in line with the Supreme Court’s landmark ruling in Finch last year (see our blog on Finch here).
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Oct 14, 2024 | 
lexology.com | Nusrat Zar |James H Wood |Andrew Lidbetter |Jasveer Randhawa
In R (Elliott Associates and Elliott International) v The London Metal Exchange and LME Clear [2024] EWCA Civ 1168 the Court of Appeal dismissed an appeal concerning the cancellation of nickel trades, despite disagreeing with the judgment below on a number of key issues of wider application.
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Jun 20, 2024 | 
lexology.com | Andrew Lidbetter |Nusrat Zar |James H Wood |Jasveer Randhawa
The Supreme Court has delivered its highly anticipated judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others [2024] UKSC 20. It has held, by a majority, that emissions resulting from the eventual use of refined products from a proposed oil development, known as downstream emissions, should have been assessed in the environmental impact assessment process.
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Jun 19, 2024 | 
lexology.com | Andrew Lidbetter |Nusrat Zar |James Wood |Jasveer Randhawa |Hannah Lau
Ofcom's consultation on child safety online includes a raft of new proposed measures for services, alongside the message that services should be taking steps now. This consultation provides a key window of opportunity to help shape market practice, raise any concerns and engage with the regulator. We also explore how the general election and/or new government might impact the online safety regime.
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May 29, 2024 | 
lexology.com | James H Wood |Nusrat Zar |Hannah Lau |Andrew Lidbetter
What happens to Parliament and government leading up to the general election? When a general election is called, this triggers the end of the current Parliament and vacates every MP's seat. Parliament was originally scheduled to run until the summer recess (23 and 25 July for the House of Commons and the House of Lords respectively). However, following the announcement of the election on 22 May, Parliament was prorogued on 24 May.
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May 7, 2024 | 
lexology.com | Andrew Lidbetter |Nusrat Zar |James Wood |Jasveer Randhawa
In Friends of the Earth & Ors v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 (Admin) the High Court has found the Carbon Budget Delivery Plan (“the Plan“) to be unlawful. The Plan formed part of the statutory process set out in the Climate Change Act 2008 (“CCA“) to achieve net zero by 2050. It follows a similar finding in relation to the earlier Net Zero Strategy (“NZS“) in 2022, covered in a previous blog post.
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Apr 30, 2024 | 
lexology.com | Andrew Lidbetter |Nusrat Zar |Jasveer Randhawa
To celebrate the 20-year anniversary of the Public Law Project's annual conference in 2023, hosted by HSF, we looked back at how commercial judicial review has developed over that time alongside Tim Ward KC of Monckton Chambers. In this article we consider the standard of review in commercial regulatory cases, in particular the way the level of scrutiny a court might afford has evolved over the last 20 years.
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Apr 18, 2024 | 
mondaq.com | Andrew Lidbetter |Nusrat Zar |Jasveer Randhawa
The European Court of Human Rights
("ECtHR") has delivered three highly
anticipated judgments on the application of the European Convention
on Human Rights ("Convention") in the
climate change context.
