Cash in the static?

Picture the scenario. A company is adversely affected by the implementation of government policy, but it is not possible in law to challenge the policy decision. And, it would not be helpful in practice to reverse it. What happens? Can an alternative case for financial compensation be created?

The recent case of Data Broadcasting International Limited and Simpleactive Limited v. The Office of Communications highlights two points of general importance:

• the difficulty in obtaining financial compensation in judicial review when normal public law remedies are either unavailable or of no assistance, and
• the importance of bringing a claim for judicial review at the time when a policy decision is made, and can still be reversed, rather than seeking to do so at the later point when its consequences are being felt.

The experts in Wragge & Co's Public Law & Regulation team consider the judgment in an expert analysis.