See R (Good Law Project) v SoS (2022) EWCA Civ 355 at para 39 on the need for promptness and speed in judicial review claims generally, and procurement challenges in particular, at para 41 on the importance of valid service of claim forms, and at paras 78-80 inclusive applications for extension of time. At para 57 the Court of Appeal says that, provided the Defendant has done nothing to put obstacles in the Claimant’s way, a potential Defendant is under no obligation to give positive assistance to the Claimant to serve. The potential Defendant can sit back and await developments. There is no duty on the Defendant to warn a Claimant that valid service of a claim form has not been effected.

In Mullaley v Martlet Homes Ltd (2022) EWCA Civ 32 a claimant was permitted to amend its claim out of time under CPR r.17.4 so as to include an allegation that the defendant’s use of combustible cladding material for tower block refurbishment breached a design and build contract. In considering whether such a new cause of action arose from “the same facts or substantially the same facts” as those which the defendant had put in issue in its defence, some limited flexibility is allowed for a claimant to rely on new facts or matters beyond those pleaded in the defence in order to allow for expansion, elaboration or

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In Barking & Dagenham LBC v Persons Unknown (2022) EWCA Civ 13 the Court of Appeal rules that the Courts can grant in respect of unauthorised encampments a final injunction that prevent  persons that are unknown and unidentified at the date of the Order, newcomers, from occupying and trespassing on local authority land.

Section 29(6) of the Equality Act 2010 on exercise of a public function does not provide a remedy equivalent to Section 39(2) of that Act on discrimination against employee. So held in Eckland v Chief Constable of Avon & Somerset (2021) EWCA Civ 1961, because the former claim has to be brought in the County Court, whereas the latter can be pursued in an Employment Tribunal. There are a number of material differences between the two jurisdictions, including that it is the ET which has the appropriate expertise for determining discrimination disputes in the employment field, and both the costs regime and the available remedies are different.

The 30 day limitation for procurement claims is a short one, but the Courts have repeatedly emphasised that it should be observed. In Access for Living Limited v Lewisham LBC (2021) EWHC 3498 ( TCC ) Jefford J says : –

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Whether or not to grant an injunction in a public law case involves the exercise of a discretion which takes all relevant matters into account. These include the strength of the case advanced by the party seeking relief. That however, is not the application of a rigid test. Other important factors to be taken into account are (1) the particular decision under challenge, (2) the interests of the public in general that are involved, and (3) the broader legal framework. See para 52 in R ( S & S ) v HMRC (2021) EWHC 3174 ( Admin ).

The appeal in R ( Majera) v SSHD (2021) UKSC 46 raised a question of constitutional importance: whether it is possible to act lawfully in a manner which is inconsistent with an Order of a Judge which is defective, without first applying for, and obtaining, the variation or setting aside of that Order. The answer, reversing the Court of Appeal, is: No.

In Pantellerisco v SoS for Work & Pensions (2021) EWCA Civ 1454 Underhill LJ for the Court of Appeal says, at para 56, that the “degree of intensity” with which the Court will review the reasonableness of a public law act or decision “ varies “according to the “nature” of the decision in question, and, at para 57, that in the context of governmental decisions in the field of “social and economic policy” the administrative law test of unreasonableness is generally applied with “considerable care and caution.” The approach of the Courts is in general to accord a “high level of respect” to the judgment of public authorities in that field. This respects the “separation of powers” between the judiciary and the elected branches of government.

In Ashford Borough Council v Wilson (2021) EWHC 2542 (QB) the Borough Council and its Chief Executive sought on their own behalf and on behalf of the current and former officers, employees, councillors and agents of the Council, a final anti-harassment injunction against the Defendant, a large-scale landlord in Kent, pursuant to the Protection from Harassment Act 1997 [“the 1997 Act”]. The Claimants’ complaints related, principally, to letters and emails sent by the Defendant.

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The central issue in Elgamal v Westminster City Council (2021) EWHC 2510 (Admin) was whether the Claimant had on the balance of probabilities been fundamentally dishonest in relation to his personal injury claim against the Council and accordingly the provisions of Section 57 of the Criminal Justice and Courts Act 2015 were applicable. Jacobs J. said:-

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