High Court quashes refusal of development consent for energy project
HSF Notes » Public Law
by erenozenir
6d ago
Judgment was handed down in the High Court today by Mrs Justice Lieven in the case of R (on the application of AQUIND Limited) v Secretary of State for BEIS and others [2023] EWHC 98 (Admin). Mrs Justice Lieven found in favour of the Claimant, AQUIND Limited, represented by Herbert Smith Freehills LLP. The judgment results in the quashing of the decision of the Secretary of State to refuse development consent for the AQUIND Interconnector. The proceedings related to AQUIND’s application for development consent to build an electric power cable between the south coast of England and Normandy in ..read more
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Court of Appeal reiterates limits of judicial review in the climate change context
HSF Notes » Public Law
by erenozenir
3w ago
In R. (on the application of Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14 the Court of Appeal dismissed an appeal brought by Friends of the Earth relating to the Government’s decision to provide export finance in support of a natural gas project in Mozambique. In doing so, the court gave importance guidance on the role of the Paris Agreement on climate change in domestic judicial review cases. Key points The court cannot and should not second guess the executive’s decision-making in the international law arena where there i ..read more
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THE UK’S PROPOSED NEW FOREIGN INFLUENCE REGISTRATION SCHEME: SIGNIFICANT UNINTENDED CHALLENGES
HSF Notes » Public Law
by erenozenir
1M ago
The National Security Bill, currently before the House of Lords on a shortened timetable, raises significant challenges for a wide range of businesses and others with international dimensions or interests, including charities, NGOs, institutions and other friendly international bodies. In essence, the Bill requires all foreign organisations, including companies, LLPs and unincorporated associations, whether businesses, charities or otherwise, to register publicly each of their interactions with UK policy and decision makers. The main scheme can be described, in brief, as follows: Public regis ..read more
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Court of Appeal advocates a practical approach for regulators faced with non-compliant legal systems
HSF Notes » Public Law
by erenozenir
2M ago
In R. (on the application of SSE Generation Ltd) v Gas and Electricity Markets Authority (GEMA) [2022] EWCA Civ 1472, the Court of Appeal allowed the appeal and cross appeal brought by the Gas and Electricity Markets Authority (“GEMA“), and SSE Generation Limited (“SSE“), respectively, in the context of amendments made to an energy code. Key Points A regulator seeking to bring a non-compliant legal system into compliance with the law may have an element of discretion as to managing that transition, such that brief periods of non-compliance may be permitted by the courts. If there is a conflic ..read more
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High Court considers standing of a non-economic operator to challenge procurement decisions
HSF Notes » Public Law
by jamesfowler
2M ago
In R (Good Law Project Ltd) v The Secretary of State for Health and Social Care [2022] EWHC 2468 (TCC), the High Court dismissed a judicial review claim brought by the Good Law Project (“GLP“) against the Secretary of State for Health and Social Care (“SSHSC“) in connection with the awarding of contracts in the Covid-19 pandemic, and in doing so found that GLP did not have standing to bring the challenge. Key points Non-economic operator claimants in judicial reviews in the procurement area may have standing in some limited circumstances. The question of standing remains heavily dependent on ..read more
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Administrative Court dismisses judicial review challenge of FOS “mortgage prisoner” decision
HSF Notes » Public Law
by jamesfowler
4M ago
The post below was first published on our Banking Litigation notes blog. The Administrative Court has dismissed an application for judicial review of a decision by the Financial Ombudsman Service (FOS) in the context of a complaint against a lender by an individual borrower who claims she is trapped in her mortgage (a so-called “mortgage prisoner”): Mortgage Agency Service Number Five Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2022] EWHC 1979 (Admin). In this case, the court found that the FOS did not accept jurisdiction over complaints which were out of time and there w ..read more
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Court rejects challenge to new food regulations designed to tackle childhood obesity
HSF Notes » Public Law
by jamesfowler
6M ago
In R. (on the application of Kellogg Marketing and Sales Co (UK) Ltd) v Secretary of State for Health and Social Care [2022] EWHC 1710 (Admin) the High Court dismissed all four grounds of a challenge brought by Kellogg to the Food (Promotions and Placement) (England) Regulations 2021 (SI 2021/1368) (the “Regulations”). Key Points The courts will take a deferential approach to policy decisions involving weighing up competing interests, particularly in areas such as public health. There is no rule that prohibits the incorporation of extraneous documents into a statutory instrument by reference ..read more
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Court finds unlawfulness in relation to Government’s Net Zero Strategy
HSF Notes » Public Law
by jamesfowler
7M ago
In R (Friends of the Earth Ltd and ors) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWHC 1841 (Admin), the High Court partially upheld a challenge to the Government’s Net Zero Strategy (the “NZS“) under the Climate Change Act 2008 (the “2008 Act“). Key Points It is not incumbent on the Secretary of State to rely on quantitative analysis alone on climate change issues where this is not mandated by the legislation. It is, however, necessary that sufficient information is provided to the relevant minister and to Parliament in order to fulfil obligations under the 200 ..read more
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Public Law Podcast: The Bill of Rights Bill
HSF Notes » Public Law
by jamesfowler
7M ago
In the latest episode of our Public Law Podcast series, Andrew Lidbetter, Nusrat Zar, and Jasveer Randhawa discuss the Bill of Rights Bill, which was laid before Parliament on 22 June 2022. In some respects the Bill keeps closely to the proposals laid out in the original consultation document, published earlier this year. However, there are some notable changes and additions. Our view is that the Bill, in its present form, is likely to constitute a significant change to the UK’s human rights regime. We summarise key points in the Bill and present our views in this discussion. Herbert Smith Fr ..read more
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Government formally establishes COVID-19 inquiry
HSF Notes » Public Law
by jamesfowler
7M ago
The UK Government has published the final terms of reference (“ToR“) for the COVID-19 inquiry (the “Inquiry“), which has now begun work. Unprecedented in its size and significance, the Inquiry will consider over a two-year period the impact of the pandemic on the UK, and how the UK Government, devolved administrations, local government, and many other parts of the state responded. Key points Chaired by Baroness Hallet DBE, the Inquiry will: Examine the COVID-19 response and the impact of the pandemic in England, Wales, Scotland and Northern Ireland, and produce a factual narrative, including ..read more
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