R (Good Law Project) v SoS for Health and Social Care (2021) EWHC 346 (Admin) concerned the award of contracts relating to Covid-19. The SoS was in breach of the PCR 2015 Regulation 50 obligation to publish a Contract Award Notice. Chamberlain J said at para 140 that this obligation “serves a vital public function”. It is no less important during a pandemic. It is particularly important where contracts have been awarded without an open advertised tender process.
Standing
February 19th, 2021 by James Goudie KC in Judicial Control, Liability and LitigationIn R (Good Law Project and 3 MPs) v SoS for Health and Social,Care (2021) EWHC 346 (Admin) Chamberlain J in procurement proceedings granted standing to the first claimant and refused it to the other three. At paragraphs 77-108 he stated general principles as regards standing for judicial review as follows :-
Workers
February 19th, 2021 by James Goudie KC in Decision making and ContractsThe Supreme Court has confirmed, in Uber v Aslam (2021) UKSC 5, at para 133, that time spent “on call “counts as “working time “if the worker is required to be at or near their place of work. The leading case remains Case C-518/15, Ville de Nivelles: retained firefighters’ standby time at home is working time: (2018) IRLR 457. On the national minimum wage Judgment is still awaited from the Supreme Court in Royal Mencap Society v Tomlinson- Blake.
Judicial Review and Cuts
February 15th, 2021 by James Goudie KC in Judicial Control, Liability and LitigationOn systemic claims, whether a decision (to cut funding on EHCPs) gives rise to an unacceptable risk of unlawful outcomes, and on whether a strategic statutory duty (under Section 27 of the Children and Families Act 2014) to keep provision “under review” is triggered, see R (M and IR) v Waltham Forest LBC (2021) EWHC 281 (Admin).
TVG
February 12th, 2021 by James Goudie KC in Land, Goods and ServicesTW Logistics Ltd v Essex County Council (2021) UKSC 4 raised important issues about the law relating to Town and Village Greens under the Commons Act 2006, a much wider concept (para1) than the traditional village green, with registration having (para 2) important legal consequences. The central question on the unsuccessful appeal was whether registration in this case, under Section 15 of the Act, would have the consequence that the continuation of the landowner’s pre-existing commercial activities would be criminalised.
Mandatory Injunctions
February 12th, 2021 by James Goudie KC in Judicial Control, Liability and LitigationIn Mohammad v SSHD (2021) EWHC 240 (Admin) Chamberlain J stated principles in relation to mandatory injunctions against public authorities. They include :-
Company Directors
February 9th, 2021 by James Goudie KC in Capital Finance and CompaniesOn disclosure by the director of a company of a conflict of interest, see Fairford Water Ski Club Ltd v Cohoon (2021) EWCA Civ 143. The disclosable interest may be of any kind, direct or indirect : para 43. What is then required is a clear declaration of the interest : para 45.
Legitimate Expectation
January 26th, 2021 by James Goudie KC in Decision making and ContractsIn order for a practice to give rise to a legitimate expectation the practice must be tantamount to a clear and unambiguous representation. It must be so unambiguous, so widespread, so well-established and so well-recognised as to carry within it a commitment to a relevant group of treatment in accordance with it. It must be impliedly tantamount to a promise and the practice must be consistent. So reaffirmed by Fordham J in Havant Biogas Ltd v Gas and Electricity Markets Authority (2021) EWHC 84 (Admin) at para 60.
ECHR Discrimination
January 26th, 2021 by James Goudie KC in Human Rights and Public Sector Equality DutyThe ambit of an ECHR right is wider than its “ scope”. Treatment will fall within “ scope “ if it potentially infringes an ECHR right. In an Article 14 discrimination case however the treatment will fall within the “ambit” of another Article provided that the treatment merely has a more than tenuous link with the core values protected by the other Article(s). This is a less exacting test. So reaffirmed by Bourne J in R (IJ) v SSHD (2020):EWHC 3487 ( Admin) at para 82.