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R(Gallaher) v Competition and Markets Authority and the Search for the Principle of Equal Treatment
Fred Allen
In October, the Supreme Court handed down a unanimous judgment providing guidance on the approach to be taken where a regulator who is subject to judicial review proceedings contends that the claim should be dismissed due to an “alternative suitable remedy”.
We are in unprecedented territory, writes Lord (Harry) Carter of Haslemere. So what will our courts do next?
This article was first published by New Law Journal on 4th August.
Attempts to narrow the scope of judicial review have long been on the Conservative Party’s political agenda. Following the Independent Review of Administrative Law (‘IRAL’) and the subsequent government consultation on reform of judicial review, the then Lord Chancellor, Robert Buckland, introduced the Judicial Review and Courts Bill (‘the Bill’) to the House of Commons on 21 July 2021. The Bill is making its way through Parliament and is currently at the committee stage.
As we highlighted in our earlier blog following the Bill’s announcement, the proposed reforms are, at first sight, milder than had been feared. Nevertheless, the Bill proposes to make significant amendments to the remedies available in judicial review proceedings and to also limit the court’s jurisdiction.
The Administrative Court of England & Wales has recently considered a challenge to its jurisdiction to hear a judicial review claim on the basis (asserted by the defendant) that the claim should be heard at the Court of Session in Scotland. As explained below, the challenge was unsuccessful, but the case is interesting not just because of the Court’s conclusion on the substantive issue but also because of His Honour Judge Simon’s approach to the “technical” (procedural) issues the case gave rise to.
Fred Allen
Emily Carter
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