About Public Law
As a government lawyer your clients are experiencing various impacts on policy making from numerous and competing interests such as austerity, efficiency, collective/individual rights, European and devolved/delegated jurisdictions. Your job advising on legislation and risk of challenge through judicial review is increasingly time consuming and complex.
Brexit
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.
Judicial Review
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.
Public Procurement
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.
Expertise on all matters
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
Topics We Cover
Latest Public Law News
The Department of Health and Social Care (DHSC) has published the consultation outcome, and joint government response from DHSC and NHS England,...
The Department for Environment, Food & Rural Affairs (Defra), has published a policy paper detailing the process for implementing 'not for EU'...
This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the...
This week's edition of Public Law weekly highlights includes: analysis on the logistics of lifting the automatic suspension in public procurement...
The House of Lords Secondary Legislation Scrutiny Committee (SLSC) has published its 27th Report of Session 2024–2025, drawing special attention to an...
Latest Public Law Practice Notes
UK subsidy control—ongoing cases trackerBackgroundOn 4 January 2023, the Subsidy Control Act 2022 (SCA 2022) entered into force. For further details...
A guide to project management—An introduction to project management, the key parameters and the key players in projectsThis introductory guide was...
Public interest immunityThis Practice Note considers when disclosure and/or inspection of sensitive documents may be avoided because of public...
Court of Justice State aid national references—ongoing cases trackerThe table below lists national references to the Court of Justice concerning the...
Notices—commercial contractsPurposeA notices clause is often included in an agreement to ensure that each party has certainty and clarity in relation...
Latest Public Law Precedents
Intellectual property assignment—pro-assigneeThis DEED is made on [insert date]Parties1[insert name] [of OR a company incorporated in [England and...
Intellectual property assignment—pro-assignorThis Agreement is dated [insert date]Parties1[insert name] [of OR a company incorporated in [England and...
Prioritising root causesCauseHow much does it contribute to the problem? (0 = not at all, 10 = a lot)How easy is it to fix? (0 = very hard, 10 = very...
Letter rejecting a bidder following negotiation—competitive procedure with negotiation and innovation partnership procedureSTOP PRESS: As of 24...
Letter of success after pre-qualification phase—restricted and competitive dialogue procedures, competitive procedure with negotiation and innovation...
Latest Public Law Q&As
Featured Public Law content
Sources of constitutional law
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
Methods of statutory interpretation used to resolve disputes about the meaning of legislationIntroduction to statutory interpretationThe aim of...
Convention rights—structure of qualified rights
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 protocol
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—unreasonableness
Grounds of judicial review—unreasonablenessThis Practice Note outlines the ground of judicial review usually known as unreasonableness or...
What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to succeed?
Separation of powers—legislative, executive and judiciary
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—illegality
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?
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 impropriety
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 interveners
Judicial review—interested parties and intervenersInterested partiesIn the context of judicial review, an interested party is 'any person (other than...
Parliamentary supremacy—implied repeal
Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its...
What is the legal basis and effect of revoking UK legislation?
Grounds of judicial review—breach of legitimate expectation
Grounds of judicial review—breach of legitimate expectationThe ground of challenge based on legitimate expectations is designed to hold a public...
Royal Charters
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 principles
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 used
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 appreciation
Judicial deference and the margin of appreciationJudicial deference is also known as the principle that 'respect is a central concept in judicial...
Associated legal terms
Anti-forestalling
From 2011 HMRC attempted to impose additional limits on pensions tax relief on incomes over £130,000, known as ‘anti-forestalling’.
BATNA
(best alternative to a negotiated settlement) the best possible outcome at trial if the matter does not settle. This is a term which a mediator may ask the parties to consider as a method of focussing on the mediation
Estimated outcome statement
A statement prepared by an Insolvency Practitioner to estimate to creditors (or other parties) what the likely return to creditors will be. It will include the costs of the insolvency process (fees and expenses). An estimated outcome statement can also be used prior to appointment to provide the appointing lender with an indication of their possible losses.
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