Public Law in UK Law
-
R (Nadarajah) v Secretary of State for the Home Department
“
Where a public authority has issued a promise or adopted a practice which represents how it proposes to act in a given area, the law will require the promise or practice to be honoured unless there is good reason not to do so. I would prefer to express it rather more broadly as a requirement of good administration, by which public bodies ought to deal straightforwardly and consistently with the public.
-
R v Panel on Take-overs and Mergers, ex parte Datafin Plc
“
But in between these extremes there is an area in which it is helpful to look not just at the source of the power but at the nature of the power. If the body in question is exercising public law functions, or if the exercise of its functions have public law consequences, then that may, as Mr. Lever submitted, be sufficient to bring the body within the reach of judicial review.
-
R v East Berkshire Health Authority, ex parte Walsh
“
Employment by a public authority does not per se inject any element of public law. Nor does the fact that the employee is in a "higher grade" or is an "officer". This only makes it more likely that there will be special statutory restrictions upon dismissal or other underpinning of his employment (see per Lord Reid in Malloch ( supra)). It will be this underpinning and not the seniority which injects the element of public law.
-
Gorringe v Calderdale Metropolitan Borough Council
“
We are not concerned with cases in which public authorities have actually done acts or entered into relationships or undertaken responsibilities which give rise to a common law duty of care. In such cases the fact that the public authority acted pursuant to a statutory power or public duty does not necessarily negative the existence of a duty.
-
O'Reilly v Mackman
“
Now that those disadvantages to applicants have been removed and all remedies for infringements of rights protected by public law can be obtained upon an application for judicial review, as can also remedies for infringements of rights under private law if such infringements should also be involved, it would in my view as a general rule be contrary to public policy, and as such an abuse of the process of the court, to permit a person seeking to establish that a decision of a public authority infringed rights to which he was entitled to protection under public law to proceed by way of an ordinary action and by this means to evade the provisions of Order 53 for the protection of such authorities.
-
R v Secretary of State for Education and Employment, ex parte Begbie
“
In some cases a change of tack by a public authority, though unfair from the applicant's stance, may involve questions of general policy affecting the public at large or a significant section of it (including interests not represented before the court); here the judges may well be in no position to adjudicate save at most on a bare Wednesbury basis, without themselves donning the garb of policy-maker, which they cannot wear. In some cases a change of tack by a public authority, though unfair from the applicant's stance, may involve questions of general policy affecting the public at large or a significant section of it (including interests not represented before the court); here the judges may well be in no position to adjudicate save at most on a bare Wednesbury basis, without themselves donning the garb of policy-maker, which they cannot wear. In some cases a change of tack by a public authority, though unfair from the applicant's stance, may involve questions of general policy affecting the public at large or a significant section of it (including interests not represented before the court); here the judges may well be in no position to adjudicate save at most on a bare Wednesbury basis, without themselves donning the garb of policy-maker, which they cannot wear.
-
R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
“
In this context, particular stress should be placed upon the importance of upholding the law of the land, in the public interest, bearing in mind the need for stability in our society, and the duty placed upon certain authorities to enforce the law in the public interest. This is of itself an important factor to be weighed in the balance when assessing the balance of convenience.
- The Public Contracts Regulations 2015
- Environment Act 2021
-
Criminal Justice and Courts Act 2015
... ... subsection (5) insert—“(5A) The Board must not give a direction unless satisfied that it is no longer necessary for the protection of the public that the life prisoner should remain in prison ... (3) In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to ... ...
-
Data Protection Act 2018
... ... level of protection for personal data, taking account of the interests of data subjects, controllers and others and matters of general public interest ... Annotations: Amendments (Textual) # F54 Words in s. 2(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic ... ...
-
PUBLIC LAW
Traditionally, both the academic study and the practice of UK public administration have drawn very little inspiration from the discipline of public law. In contrast to most other European countrie...
-
Rationalism in Public Law
Rationalism is ‘the stylistic criterion of all respectable politics’. So lamented political philosopher Michael Oakeshott in a series of essays published in the 1940s and 1950s. Rationalism, for Oa...
-
TOWARDS A BETTER PUBLIC LAW?
In the UK Constitution, the major weapon of judicial control over the exercise of governmental power is provided by the action for judicial review. This action serves to keep public bodies within t...
-
Public Law and Popular Justice
Group litigation is becoming commonplace. Rules of standing have been relaxed to allow groups to bring representative actions on behalf of their members or to act ‘in the public interest’. Groups i...
-
Time limits for damages claims based on public law breaches during rail franchise procurement
This case highlights the very different, and often very strict, time limits that apply in different private law and public law claims. Rejecting the Secretary of State’s attempt to strike out part...
- Public Law Case Update - Consultation Edition
-
UK Public Procurement Law Digest: The 2011 Procurement Law Agenda
The first 9 months of the new UK coalition government were marked, in public procurement terms, by the early freeze imposed by the Cabinet Office on all new central government procurements and the ...
- Public Law Case Update ' Q4 2022
-
Apply for 'bolt-on' payments and advocate's bundle payments
Court Costs form EX80A to issue a legal aid assessment certificate.... ... I confrm that the proceedings before the court involved: ... I confrm that the advocates bundle is: ... Public Law Children (family proceedings under Parts ... IV or V of the Children Act 1989, adoption proceedings ... (including applications for a placement ... ...
-
Graduated Fees Reference to a Judge
Fees forms, including the EX160 form to apply for help with court and tribunal fees.... ... before the Court at that hearing (discretionary Special Issue) ... Public Law Children (family proceedings under Parts III, IV or V of the Children Act 1989, adoption proceedings ... (including applications to free for ... ...
-
201)
Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... The Court of Appeal is the appeal court where the decision being appealed was made by: ... • a Circuit Judge or Recorder in public law child proceedings (ie where the court is ... considering whether to make a care order or an adoption order); ... • a High Court Judge; ... • ... ...
-
Application for anonymity (UTIAC)
Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.... ... An anonymity order will not be made or maintained unless it is necessary to protect an interest recognised by law and it is important that the public do not know the name of the appellant or someone else closely connected with the appeal ... Where no anonymity order is made the judgment of ... ...