In R. (on the application of Piffs Elm Ltd) v Commission for Local Administration in England [2023] EWCA Civ 486, the Court of Appeal considered the withdrawal of a decision by the Local Government Ombudsman (the “Ombudsman“), and in doing so, provided useful commentary regarding the limits of a public authority’s implied powers. Key Points When a rule-making power is conferred by Parliament, then, absent a contrary intention, Parliament also impliedly confers a power to rescind or revoke the rule. However, if Parliament confers a function on a body or on an office holder, the provision confe ..read more

The Retained EU Law (Revocation and Reform) Bill (REUL Bill) has now completed its report stage in the House of Lords and is due to have its 3rd Reading on 22 May, after which it will return to the Commons.  A reprint of the REUL Bill showing the substantial amendments made at this stage will be published shortly. All the Government amendments to the REUL Bill have been passed, so that the REUL Bill, as it now stands, provides for the repeal of some 600 specified pieces of retained EU law at end of 2023 and lays down processes to be followed for the future replacement by pu ..read more

Earlier this week Kemi Badenoch, the Minister responsible for retained EU law, announced a change of plan on the abolition of retained EU law and its replacement by purely domestic law: Written statements – Written questions, answers and statements – UK Parliament.  This is reflected in proposed Government amendments to be made during the Report Stage of the Retained EU Law (Revocation and Reform) Bill in the House of Lords next week. Instead of abolishing all retained EU law not specifically saved (and committing to get rid of even that body of law by the end of 2026) some 600 pieces of ..read more

In R. (on the application of British Gas Trading Ltd) v Secretary of State for Energy Security and Net Zero [2023] EWHC 737 (Admin), the High Court refused permission for judicial review where challenges to decisions made by the Secretary of State (“SoS“) regarding the transfer of the business of Bulb Energy to Octopus Energy were brought within a matter of weeks. The Divisional Court found there had been undue delay in bringing the applications for judicial review, but in any event would have dismissed the challenges, which were based on public law principles and on alleged non-compliance wit ..read more

In R. (on the application of the3million and Open Rights Group) v Secretary of State for the Home Department [2023] EWHC 713 (Admin), the High Court held that the UK Government acted unlawfully in attempting to rely on a policy document as a substitute for a legislative measure to meet the requirements of the UK General Data Protection Regulation (“UK GDPR”) for an immigration-related exemption to the application of data protection rights. Key points The court accepted that exemptions to the application of UK GDPR rights can only be prescribed via a “legislative measure” which satisfies certa ..read more

Much has been written about the Retained EU law (Revocation and Reform) Bill (the “Bill“), which is currently going through Parliament. This Bill is the latest in the line of legal developments since a majority of the UK voted to leave the European Union in June 2016. Approaching seven years later, what is clear is how difficult the process of unwinding our body of law from that of the EU has been. In this post we aim to keep things simple and focus on some key issues, namely: What is the current position? What is the Bill aimed at and what does it purport to do? What has the reaction been? W ..read more

In R. (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2023] UKSC 10, the Supreme Court considered issues of statutory construction in the context of conflicting legislative provisions, and confirmed that the Secretary of State did not act ultra vires in directing Ofcom to refrain from carrying out its statutory duty. Key Points This decision provides authoritative guidance on the approach to statutory construction when a public body has apparently conflicting statutory duties. The courts should consider the wider context and purpos ..read more

In Bristol Airport Action Network Co-ordinating Committee v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 171 (Admin), the High Court dismissed a challenge brought primarily on climate change grounds by various local environmental groups and residents to the grant of planning permission for the expansion of Bristol Airport. Key points Planning authorities are entitled to consider in a generalised way whether emissions from a proposed development would materially affect the UK’s ability to meet its carbon budgets and targets. Local decision makers may assume that sep ..read more

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

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