26 March 2012
Constitutional law: Hard cases make…constitutional law?
The recent ruling by Mr Justice Charles (Nicklinson v Ministry of Justice [2012] EWHC 304 (QB)) brings vividly to life the sometimes arid question arising out of the separation of powers: are there matters on which the courts should not rule because to do so will trespass on the proper functions of the executive and the legislature in a democracy?
28 October 2011
Public Law Update – Licensing Appeals in the spotlight
Licensing decisions by local authorities and regulatory bodies can of course have a very significant commercial impact for those entities and individuals that they affect. It is not surprising therefore that, depending upon the sector and context, appeals can be common.
4 August 2011
Public Law Update: Healthcare rationing
In an important judgement delivered at the end of July, the Court of Appeal has dismissed a challenge to provision in a Primary Care Trust’s (PCT) Individual Funding Request (IFR) policy that excluded any consideration of non clinical factors when the PCT was deciding whether, exceptionally, to fund treatment for an individual where that treatment fell outside the PCT’s normal funding criteria.