Public Policy in UK Law

Leading Cases
  • Oliver Alfred Sidney Cutts (Appellant (Plaintiff) v Albert Head and Another (Respondents
    • Court of Appeal (Civil Division)
    • 07 Diciembre 1983

  • Hounga v Allen and another
    • Supreme Court
    • 30 Julio 2014

    Rules which rest upon the foundation of public policy, not being rules which belong to the fixed or customary law, are capable, on proper occasion, of expansion or modification" : Maxim Nordenfelt Guns and Ammunition Co v Nordenfelt [1893] 1 Ch 630, 661 (Bowen LJ). So it is necessary, first, to ask " What is the aspect of public policy which founds the defence?' and, second, to ask "But is there another aspect of public policy to which application of the defence would run counter?'

  • Fender v St. John-Mildmay
    • House of Lords
    • 28 Junio 1937

  • Patel v Mirza
    • Supreme Court
    • 20 Julio 2016

    In assessing whether the public interest would be harmed in that way, it is necessary a) to consider the underlying purpose of the prohibition which has been transgressed and whether that purpose will be enhanced by denial of the claim, b) to consider any other relevant public policy on which the denial of the claim may have an impact and c) to consider whether denial of the claim would be a proportionate response to the illegality, bearing in mind that punishment is a matter for the criminal courts.

  • Swinney v Chief Constable of Northumbria Police Force
    • Court of Appeal (Civil Division)
    • 22 Marzo 1996

    In my judgment, public policy in this field must be assessed in the round, which in this case means assessing the applicable considerations advanced in Hill, which are, of course, of great importance, together with the considerations just mentioned in relation to informers, in order to reach a fair and just decision on public policy.

  • Trendtex Trading Corporation v Credit Suisse
    • Court of Appeal (Civil Division)
    • 02 Mayo 1980

  • Unilever Plc v Procter and Gamble Company
    • Court of Appeal (Civil Division)
    • 28 Octubre 1999

    They show that the protection of admissions against interest is the most important practical effect of the rule. But to dissect out identifiable admissions and withhold protection from the rest of without prejudice communications (except for a special reason) would not only create huge practical difficulties but would be contrary to the underlying objective of giving protection to the parties (in the words of Lord Griffiths in Rush & Tompkins at p.1300)

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Legislation
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Books & Journal Articles
  • PUBLIC POLICY
    • No. 73-1, March 1995
    • Public Administration
    Public policy is not simply a subset of public administration, but draws on and contributes to a number of aspects of public administration, political science and other disciplines. This article tr...
  • MAKING PUBLIC POLICY
    • No. 84-2, June 2006
    • Public Administration
    MAKING PUBLIC POLICY 
 Mark Considine 
Polity Press, 2005, 262 pp., £15.99 (pb) ISBN: 0745627544
  • Public Policy and Administration
    • No. 15-3, July 2000
    • Public Policy and Administration
    • 0000
  • Entrepreneurial ecosystems and public policy
    • No. 8-3, September 2019
    • Journal of Entrepreneurship and Public Policy
    • 293-296
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