Blog
R(Gallaher) v Competition and Markets Authority and the Search for the Principle of Equal Treatment
Fred Allen
12 January 2018
Legal update: Administrators’ efforts to realise Monarch’s assets boosted by judicial review victory
In the recent case of R (Monarch Airlines Limited (in administration)) v Airport Coordination Limited [2017] EWCA Civ 1892, the Court of Appeal considered whether an airline that had fallen into administration could still be allocated valuable slots at airports.
29 August 2017
The Coroner’s decision is (almost always) final: the Court’s approach to judicial review of inquest proceedings
The recent decision of Mr Justice Holroyde in R oao Donald Maguire and ors v The Assistant Coroner for West Yorkshire (Eastern Area) [2017] EWHC 2039 provides a salutary reminder of just how difficult it is successfully to judicially review the ‘case management’ decisions of a coroner – in this case a decision as to which witnesses to call at an inquest – and of the costs risks of bringing such a challenge.
7 August 2017
The special constitutional importance of judicial review may demand a distinctive approach to the recovery of litigation costs, but will the latest recommendations be taken forward?
Lord Justice Jackson’s ‘Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs’ was published at the end of July. Recognising that an effectively functioning system of judicial review is central to the rule of law, the Supplemental Report makes recommendations that may increase access to this important specialist area of litigation. Past proposals have, however, been left unimplemented.
3 January 2017
To what extent is an appellate disciplinary tribunal entitled to interfere with a finding made by a panel of first instance when that finding is predicated on primarily hearsay evidence
Squire v Thames Valley Police & Anor (R. on the Application of) [2016] EWCA Civ 1315
16 November 2016
What role should personal mitigation play in disciplinary proceedings where a police officer is found to have committed gross misconduct?
R (on the application of Darren Williams) v Police Appeals Tribunal [2016] EWHC 2708 (Admin)