The administration of justice and the justice of administration - R (Cart) v The Upper Tribunal

In R (Cart) v The Upper Tribunal, the Supreme Court was required to determine the circumstances in which a decision of the Upper Tribunal (established under the Tribunals, Courts and Enforcement Act 2007) may be subject to judicial review.

Government to 'Open Public Services'

On Monday 11 July 2011 Oliver Letwin laid before Parliament the Government's long awaited vision for reform of public services, the "Open Public Services" white paper.

Spending cuts and the public sector equality duty - two recent cases

In two recent judicial reviews brought against the same local authority, the Administrative Court has considered the application of the public sector equality duties against a backdrop of substantial cuts in public expenditure.

Major concession on ministers' powers under the Public Bodies Bill

The Government yesterday announced that it was not going to proceed with its proposal, as currently set out in the Public Bodies Bill, to allow ministers to decide the fate of some 150 Quangos without recourse to Parliamentary scrutiny.

Transparency and FOIA becoming clearer now

New legislation, new consultation, new services... it has been a busy few months for transparency and freedom of information.

Back to schools for the future

The Administrative Court has declared unlawful the decision by the Secretary of State for Education to freeze funding for the rebuilding and refurbishment of schools in six local authority areas.

Strengthening the defences - back in London

The Supreme Court has clarified the application of human rights law to possession proceedings in light of the recent European Court of Human Rights case of Kay v United Kingdom.

The National Infrastructure Plan 2010

The first National Infrastructure Plan for the UK has been published by the Coalition Government.

Building the bonfire - the Public Bodies Bill

The Government has laid before Parliament a bill to implement its proposals for the reform of public bodies. The Public Bodies Bill had its first reading in the House of Lords at the end of last week.

Raising the BAA?

The Court of Appeal has reversed the decision of the Competition Appeal Tribunal (CAT) which quashed, on the ground of apparent bias, the decisions, findings and reasoning contained in the Competition Commission's report into the common ownership of airports by BAA. 

Coalition Watch - Spending Review special edition

Welcome to this special edition of the Public Law & Regulation team's Coalition Watch alert series.

Coalition Watch - edition 4

In this edition we also bring all the other news of the major government policy developments of the last fortnight, which include the publication of the first parliamentary Bill of the autumn - the Postal Services Bill. It is the herald of much more legislation to come.

Strengthening the defences

The European Court of Human Rights in Strasbourg has ruled that, by failing to allow litigants to put forward a case based on human rights law in proceedings brought by a local authority, the UK has breached the European Convention.

High-definition Monitor

A previous alert discussed the new competition powers of Monitor that are proposed in the Department of Health consultation paper "Liberating the NHS: Regulating healthcare providers". This analysis looks more generally at the proposals to change the regulatory framework for NHS services in England

Coalition Watch - edition 3

As we move into autumn and the Coalition gears up for the hard business of government, everyone with an interest in the future of the public sector might well want to brace themselves for an interesting ride.

Consultation, consultation, consultation

A key principle of English democracy is that the courts do not interfere with the will of parliament.

Coalition Watch - edition 2

Welcome to the second edition of the Public Law & Regulation team's Coalition Watch alert series.

Coalition Watch - edition 1

Welcome to the first of the Public Law & Regulation team's Coalition Watch alert series.

You never give me your money...

Obtaining financial compensation in public law cases has always been difficult. 

The Health White Paper - A revolution for the better?

On Monday 12 July 2010 the new Coalition Government published its first White Paper on Health.

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?

Utility companies and environmental information - pulling the plug

Until recently, most utility companies believed that they had a legal duty to make a range of environmental information available to the public. The Information Commissioner said that this was the effect of the Environmental Information Regulations 2004.

Who is in charge this morning?

With Britain waking up to the reality of a hung parliament, Wragge & Co's public law experts consider the legal implications and likely outcomes of the election result.

The limits of fairness in public law - the Sharon Shoesmith case

Sharon Shoesmith was Director of Children and Young People's Services (the DCS) for Haringey Borough Council during the short life of Peter Connelly (Baby P). The judgement concerning her termination of employment contains important legal analysis of the concept of "fairness".

Purdah - Changes to general election guidance

The announcement of the general election on 6th April 2010 marked the start of the purdah period and the publication of the new Cabinet Office General Election 2010 Guidance.

Consultative Decision Making & Delayed Take Off - R (on the application of Hillingdon Borough and others) v Secretary of State for Transport

On 26 March the High Court gave judgment in the case of R (on the application of Hillingdon Borough and others v Secretary of State for Transport) - a judicial review of the Government's decision to continue its support for the construction of a third runway at Heathrow Airport.

Purdah - public bodies in the pre-election period

With the next general election looming, Wragge & Co's Public Law and Regulation team considers the implications for decision-making by central and local government and other public authorities.

They fought the law...

The judgment of the Administrative Court in R (Unison) v Monitor addresses the question of how much income NHS Foundation Trusts are able to generate from non-NHS activities, where that income is ultimately derived from charges paid by private patients.

Paying your patient

This is a reminder that the deadline for responses to the Department of Health's consultation paper entitled 'Direct Payments For Health Care - A Consultation on Proposals for Regulations and Guidance' is 8 January 2010.

Local Government update

Life never stands still in local government. Read the team's comments on issues, from the ramifications of London Authorities Mutual Limited (LAML) to the new remedies directive, and take note of any action points that will help you and your organisation.

ORR consults on proposal to introduce freight customer access contracts

The Office of Rail Regulation (ORR) has published a consultation paper setting out its proposal to introduce a model freight customer access contract.

Needles and herbs

The Department of Health has taken further steps in assessing whether to extend regulation to a broader range of professional and occupational groups working in the healthcare sector.

To try but not to succeed: R (Friends of the Earth and others) v Secretary of State for Energy and Climate Change

The Court of Appeal has recently given judgment in the case of R (Friends of the Earth and others) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 - a judicial review of the Government's failure to hit targets for fuel poverty.

Regulating Energy Networks for the future

Ofgem has recently published the third Working Paper in its RPI-X@20 review. RPI-X@20 is a two-year project to evaluate the current approach to regulating Great Britain's energy networks.

NHS Foundation Trusts - buying a return ticket: new proposals for de-authorisation

On 27 July 2009, the Department of Health launched a consultation on introducing new legislation allowing for the de-authorisation of a NHS Foundation Trust.

Extending professional and occupational regulation for healthcare services

In February 2007 the Government published a White Paper entitled "Trust, Assurance and Safety - The Regulation of Health Professionals in the 21st Century."

More Regulators to be subject to the principles of good regulation

From 1 October 2009 more regulators will be under duties to have regard to the principles of good regulation and the Regulators' Compliance Code.

Public bodies: consultation duties

In March 2009, Wragge & Co's Public Law & Regulation team reported that the High Court had, in ruling on judicial reviews involving the Boundary Committee for England, provided helpful guidance on the consultation duties of public bodies.

Good consultation - further clarity from the High Court

Two decisions of the High Court in judicial reviews involving the Boundary Committee for England provide helpful guidance to public bodies operating under a statutory duty to consult.

Decision on application of private charges cap

On 12 December 2008 Monitor, the independent regulator for NHS Foundation Trusts (FTs), published its decision on the interpretation and application of the private charges cap.

Department of Health publishes guidance on the duty of NHS bodies to involve service users

Important changes to the arrangements for patient and public involvement in the provision of health services under the NHS came into force on 3 November 2008.

The Tribunals, Courts and Enforcement Act

On 3 November 2008 the key provisions of Part 1 of the Tribunals, Courts and Enforcement Act 2007 came into force, quietly revolutionising the administrative justice system.

Public involvement and consultation about health services

On 14 September 2008, the Secretary of State for Health made the National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) Regulations 2008 (the Regulations).

Public involvement and consultation about health services

Public involvement and consultation about health services

The Local Government and Public Involvement in Health Act 2007 received Royal Assent and became law on 30 October 2007.

Making nutrition & health claims - the new law

Gambling Act 2005 - Transition to the new regime