With reform of retained EU law high on the agenda, post-Brexit legal changes remains a key issue. Get key information and updates for all practitioners, with practice area specific Brexit content across the modules.
We outline the key principles and procedural requirements with a clear focus on the public sector perspective. The content focusses primarily on judicial review in the Administrative Court in England and Wales.
Failure to stick to procedures can have significant legal, financial and practical consequences for a contracting authority. We guide you through various processes, focussing on the Public Contracts Regulations 2015.
An essential resource providing guidance & materials on core legal subjects relevant to lawyers in all areas of legal practice, as well as specialist content designed to assist government lawyers in a range of key areas
This week's edition of Public Law weekly highlights includes a hand-picked summary of news analysis, legal updates and case law from the world of...
A round-up of key developments on State aid, first reported by the Lexis+ Competition team. This update covers the period 12–19 August 2026....
The Master of the Rolls, Sir Geoffrey Vos, delivered the John Lehane Memorial Lecture at the Supreme Court of New South Wales, addressing the...
The Information Commissioner’s Office (ICO) has published findings from consensual audits of five police forces in England and Wales on their use of...
Cabinet Office has published an updated version of its Procurement Oversight Guidance, to reflect the role of the Procurement Compliance Service...
This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and...
This Practice Note examines the definitions of ‘religion’ and ‘belief’ for the purposes of having the protected characteristic of religion or belief...
FORTHCOMING CHANGE: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for...
Scope of Practice NoteThis Practice Note on breach of contract considers what may amount to a breach of contract, how the courts approach such...
This Practice Note summarises how the common law doctrine of frustration may operate to discharge an agreement and the legal consequences of a...
ARCHIVED: This Precedent has been archived and is not maintained.STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023...
ARCHIVED: This Precedent has been archived and is not maintained.STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023...
This Precedent provides a worked example relating to a hypothetical in-house legal department that wishes to make changes to improve its contract...
ARCHIVED: This Precedent has been archived and is not maintained.STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023...
ARCHIVED: This Precedent has been archived and is not maintained.STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023...
Sources of constitutional lawIn briefThe British constitution is unwritten in the sense that it does not derive from a single constitutional text. It...
Methods of statutory interpretation used to resolve disputes about the meaning of legislationIntroduction to statutory interpretationThe aim of...
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
Grounds of judicial review—unreasonablenessThis Practice Note outlines the ground of judicial review usually known as unreasonableness or...
Separation of powers—legislative, executive and judiciarySource of the doctrine of the separation of powersThe origins of the doctrine of the...
Grounds of judicial review—illegalityOverview of the illegality groundIllegality is the first of the grounds on judicial review set out by Lord...
What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public...
Grounds of judicial review—procedural improprietyProcedural impropriety as a ground of judicial review‘Procedural impropriety’ is the last of the...
Judicial review—interested parties and intervenersInterested partiesIn the context of judicial review, an interested party is 'any person (other than...
Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its...
Grounds of judicial review—breach of legitimate expectationThe ground of challenge based on legitimate expectations is designed to hold a public...
Royal ChartersWhat is a Royal Charter?The term 'Royal Charter' has transformed over time. Originally, a Royal Charter was a procedure by which the...
Costs for judicial review—general principlesGeneral rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in...
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
Judicial deference and the margin of appreciationJudicial deference is also known as the principle that 'respect is a central concept in judicial...
A lapse statute is a statutory provision under which a legal right, claim, power or proceeding automatically ends, expires or becomes unenforceable after a specified event or period of time. It is not a single defined concept, but a descriptive term used across multiple legislative contexts in the UK and Ireland.
Examples include provisions causing: criminal proceedings to lapse after a statutory limitation period; planning permissions to lapse if development does not begin within a set time; options, consents or authorisations to lapse if conditions precedent are not satisfied; or statutory powers to lapse on a sunset or review date. In wills and succession, “lapse” is commonly used for gifts that fail because a beneficiary predeceases the testator, subject to anti‑lapse provisions in succession legislation.
The detailed effect of any lapse statute is determined by the specific Act or regulations in England and Wales, Scotland, Northern Ireland and Ireland, with broadly similar usage across these jurisdictions. For practitioners, identifying whether a relevant provision operates as a lapse statute is critical to advising on time limits, preserving rights, drafting around potential lapse, and assessing whether a claim or authorisation remains legally effective.
Public law concerns the exercise of power by the state and public bodies, and the legal controls on government decision‑making and public administration. It typically governs relationships between individuals (or companies) and central government, devolved administrations, local authorities, regulators, the police and other public authorities.
In the UK and Ireland, “public law” is a broad descriptive term rather than a single statutory definition. It encompasses constitutional law, administrative law (including judicial review), human rights, aspects of EU and retained EU law, and certain areas of criminal, immigration, asylum, mental health and prison law where state powers are engaged.
Public law practice focuses on challenging or defending the legality, rationality and procedural fairness of decisions, policies and legislation, often by way of judicial review or statutory appeal. It is central to issues of separation of powers, the rule of law and access to justice.
The concept and usage are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though procedural rules, court structures and sources of constitutional law (for example, the uncodified UK constitution versus the written Irish Constitution) differ between jurisdictions.
Taking of hostages describes the unlawful seizing, detaining or holding of a person, combined with a threat to kill, injure or continue to detain them in order to compel a third party (such as a state, organisation or individual) to act, refrain from acting, or make a concession.
Across the UK and Ireland, the concept is closely aligned with the offence of hostage‑taking under international and domestic terrorism and criminal legislation. In the UK, the Taking of Hostages Act 1982 implements the International Convention Against the Taking of Hostages, creating an offence applicable in England and Wales, Scotland and Northern Ireland, including extra‑territorial conduct. In Ireland, analogous conduct is typically prosecuted under offences involving false imprisonment, kidnapping, extortion and terrorism legislation.
Key legal features include absence of consent, use or threat of force, coercive purpose, and the leveraging of a victim’s liberty as a bargaining tool. In practice, the term is used in terrorism cases, organised crime, piracy, prison disturbances and armed conflict, and is relevant to issues of jurisdiction, extradition, mutual legal assistance, state responsibility and compliance with international humanitarian and human rights law.