Court gives Clarity on Consultations : R (The National Council for Civil Liberties) and others v The Secretary of State for the Home Department
10 June 2025
Insight Hub
11 March 2025
The Court of Appeal has handed down its judgment in R (British Gas Trading and E.ON) v Secretary of State for Energy Security and Net Zero. This judgment follows the Divisional Court’s earlier refusal to grant British Gas and E.ON permission to judicially review decisions made by the Secretary of State for Business, Energy and…
Read more15 March 2024
We have written previously on the string of recent cases confirming that in judicial review litigation the duty of candour ordinarily requires the names of junior civil servants to be disclosed in unredacted form when providing disclosure. In a recent decision – MTA v Secretary of State for the Home Department and Ors [2024] EWHC…
Read more6 February 2024
Court of Appeal confirms approach to redactions of names of junior civil servants In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. R (IAB and…
Read more10 January 2024
In a recent blog (please see here), we examined a judgment of the Administrative Court regarding the approach – in the context of judicial review litigation – to redactions of the identities of officials in disclosed documents. As noted in that blog, the Court, in an authoritative judgment, made clear its view that, in general,…
Read more7 September 2023
The Administrative Court Guide (the “Guide”) is an important resource for judicial review practitioners. Whilst the Guide does not have the force of law, it is “essential reading for all those who practice in the Administrative Court” (R (DVP) v Secretary of State for the Home Department [2021] EWHC 606 (Admin) [8]). Accordingly, all those…
Read more7 August 2023
Unlike in most civil claims, the parties in judicial review proceedings are usually not required to give standard disclosure, unless the court orders otherwise. However, judicial review proceedings are different. In judicial review litigation, parties are subject to a ‘duty of candour’ which requires them to co-operate and make candid disclosure of the relevant facts…
Read more13 July 2023
In a major blow to the Government, new regulations which permitted employers to use agency workers to replace those on strike, has been found to be unlawful and so has been quashed, removing it from the statute books. In the case of R (on the application of ASLEF and Ors) v the Secretary of State…
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