Reforming the Adult Social Care and Support System - The Draft Care and Support Bill

As announced in the Queen's Speech in May 2012, the government has confirmed its intention to reform the UK's adult care and support system by publishing a draft Care and Support Bill). Also published alongside the Bill are the Care and Support White Paper and a Progress Funding Report.

The Health Bill - a revolution for the better? Part 2

The Health and Social Care Bill introduces the legal provisions that will underpin the implementation of the most radical structural changes the NHS has seen since its establishment in 1948. On 11 October, the Bill will have its second reading in the House of Lords.

Spending cuts and the public sector equality duty - two recent cases

In two recent judicial reviews brought against the same local authority, the Administrative Court has considered the application of the public sector equality duties against a backdrop of substantial cuts in public expenditure.

Back to schools for the future

The Administrative Court has declared unlawful the decision by the Secretary of State for Education to freeze funding for the rebuilding and refurbishment of schools in six local authority areas.

A revolution for the better? Gaining momentum

On Wednesday 19 January 2011 the Coalition Government published its long-awaited Health & Social Care Bill.

Strengthening the defences - back in London

The Supreme Court has clarified the application of human rights law to possession proceedings in light of the recent European Court of Human Rights case of Kay v United Kingdom.

The National Infrastructure Plan 2010

The first National Infrastructure Plan for the UK has been published by the Coalition Government.

Building the bonfire - the Public Bodies Bill

The Government has laid before Parliament a bill to implement its proposals for the reform of public bodies. The Public Bodies Bill had its first reading in the House of Lords at the end of last week.

Raising the BAA?

The Court of Appeal has reversed the decision of the Competition Appeal Tribunal (CAT) which quashed, on the ground of apparent bias, the decisions, findings and reasoning contained in the Competition Commission's report into the common ownership of airports by BAA. 

Coalition Watch - Spending Review special edition

Welcome to this special edition of the Public Law & Regulation team's Coalition Watch alert series.

Coalition Watch - edition 4

In this edition we also bring all the other news of the major government policy developments of the last fortnight, which include the publication of the first parliamentary Bill of the autumn - the Postal Services Bill. It is the herald of much more legislation to come.

Strengthening the defences

The European Court of Human Rights in Strasbourg has ruled that, by failing to allow litigants to put forward a case based on human rights law in proceedings brought by a local authority, the UK has breached the European Convention.

High-definition Monitor

A previous alert discussed the new competition powers of Monitor that are proposed in the Department of Health consultation paper "Liberating the NHS: Regulating healthcare providers". This analysis looks more generally at the proposals to change the regulatory framework for NHS services in England

Coalition Watch - edition 3

As we move into autumn and the Coalition gears up for the hard business of government, everyone with an interest in the future of the public sector might well want to brace themselves for an interesting ride.

Consultation, consultation, consultation

A key principle of English democracy is that the courts do not interfere with the will of parliament.

Coalition Watch - edition 2

Welcome to the second edition of the Public Law & Regulation team's Coalition Watch alert series.

Coalition Watch - edition 1

Welcome to the first of the Public Law & Regulation team's Coalition Watch alert series.

You never give me your money...

Obtaining financial compensation in public law cases has always been difficult. 

The Health White Paper - A revolution for the better?

On Monday 12 July 2010 the new Coalition Government published its first White Paper on Health.

Cash in the static?

Picture the scenario. A company is adversely affected by the implementation of government policy, but it is not possible in law to challenge the policy decision. And, it would not be helpful in practice to reverse it. What happens? Can an alternative case for financial compensation be created?

Who is in charge this morning?

With Britain waking up to the reality of a hung parliament, Wragge & Co's public law experts consider the legal implications and likely outcomes of the election result.

The limits of fairness in public law - the Sharon Shoesmith case

Sharon Shoesmith was Director of Children and Young People's Services (the DCS) for Haringey Borough Council during the short life of Peter Connelly (Baby P). The judgement concerning her termination of employment contains important legal analysis of the concept of "fairness".

Energy Act receives Royal Assent

The Government has met its ambitious legislative timetable, as one of the final actions taken by the current Parliament during the "wash-up" period was to pass the Energy Bill, which received Royal Assent on 8 April 2010.

Purdah - Changes to general election guidance

The announcement of the general election on 6th April 2010 marked the start of the purdah period and the publication of the new Cabinet Office General Election 2010 Guidance.

Consultative Decision Making & Delayed Take Off - R (on the application of Hillingdon Borough and others) v Secretary of State for Transport

On 26 March the High Court gave judgment in the case of R (on the application of Hillingdon Borough and others v Secretary of State for Transport) - a judicial review of the Government's decision to continue its support for the construction of a third runway at Heathrow Airport.

Purdah - public bodies in the pre-election period

With the next general election looming, Wragge & Co's Public Law and Regulation team considers the implications for decision-making by central and local government and other public authorities.

They fought the law...

The judgment of the Administrative Court in R (Unison) v Monitor addresses the question of how much income NHS Foundation Trusts are able to generate from non-NHS activities, where that income is ultimately derived from charges paid by private patients.

Regulating energy networks - future investment

In August 2009 we reported on Ofgem's Working Group paper, published as part of its RPI-X@20 Review is a two-year project to evaluate the current approach to regulating Great Britain's energy networks and to develop future policy recommendations.

Needles and herbs

The Department of Health has taken further steps in assessing whether to extend regulation to a broader range of professional and occupational groups working in the healthcare sector.

To try but not to succeed: R (Friends of the Earth and others) v Secretary of State for Energy and Climate Change

The Court of Appeal has recently given judgment in the case of R (Friends of the Earth and others) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 - a judicial review of the Government's failure to hit targets for fuel poverty.

Regulating Energy Networks for the future

Ofgem has recently published the third Working Paper in its RPI-X@20 review. RPI-X@20 is a two-year project to evaluate the current approach to regulating Great Britain's energy networks.

NHS Foundation Trusts - buying a return ticket: new proposals for de-authorisation

On 27 July 2009, the Department of Health launched a consultation on introducing new legislation allowing for the de-authorisation of a NHS Foundation Trust.

Extending professional and occupational regulation for healthcare services

In February 2007 the Government published a White Paper entitled "Trust, Assurance and Safety - The Regulation of Health Professionals in the 21st Century."

More Regulators to be subject to the principles of good regulation

From 1 October 2009 more regulators will be under duties to have regard to the principles of good regulation and the Regulators' Compliance Code.

Public bodies: consultation duties

In March 2009, Wragge & Co's Public Law & Regulation team reported that the High Court had, in ruling on judicial reviews involving the Boundary Committee for England, provided helpful guidance on the consultation duties of public bodies.

Good consultation - further clarity from the High Court

Two decisions of the High Court in judicial reviews involving the Boundary Committee for England provide helpful guidance to public bodies operating under a statutory duty to consult.

The Tribunals, Courts and Enforcement Act

On 3 November 2008 the key provisions of Part 1 of the Tribunals, Courts and Enforcement Act 2007 came into force, quietly revolutionising the administrative justice system.

Ofgem probe: no evidence of cartel

Ofgem, the energy regulator for Great Britain, has announced its findings after a seven-month investigation into the energy supply markets.

Private charges consultation closes

Monitor's consultation on the application of the private charges cap to NHS foundation trusts (FTs) closed at the beginning of this week.

Energy White Paper

Making nutrition & health claims - the new law

Gambling Act 2005 - Transition to the new regime

Compulsory purchase powers of renewable generators

Historically, the majority of those involved in developing renewables projects have not needed to be licensed, as the capacity of renewables projects tended to fall within the generic class exemptions.

Weather report: the Electricity (Standards of Performance) Regulations 2005

The severe storms of October 2002, which swept across a large swathe of Wales and central and southern England, left around two million electricity customers without power.

The future of renewable energy after the Energy Act 2004 - Part 4

The future of renewable energy after the Energy Act 2004 - Part 3

The first of these briefing notes looked at the background and scope of the Energy Act 2004 (the Act). The second was a brief review of the legislation relating to offshore energy production.

The future of renewable energy after the Energy Act 2004 - Part 2

In the first of this series of short briefing notes we looked at the background and scope of the Energy Act 2004 (the Act).

The future of renewable energy after the Energy Act 2004 - Part 1

The Government's Energy White Paper, published in February 2003, recognised not only the challenges faced by all industrialised countries in the world, climate change and dependence on imported gas and oil

Wragge & Co advises Infinis on Court of Appeal success

Wragge & Co's energy and public law and regulation specialists have combined to help longstanding client Infinis secure an important Court of Appeal decision in its favour.

Wragge & Co helps Local Government Association to resist judicial review recycling challenge

Experts from the Public Law and Regulation Team at Wragge & Co have advised the Local Government Association (the LGA) in resisting a judicial review challenge.

Wragge & Co secures judicial review win for Ofqual

Wragge & Co's Public Law and Regulation team has helped regulator Ofqual rebuff an attempt to overturn GCSE grades awarded in summer 2012. The case was heard by a Divisional Court, comprising two judges.

Wragge & Co introduces 'Coalition Watch'

Wragge & Co's Public Law & Regulation team has launched a new series of fortnightly legal alerts to offer clarity on the Coalition Government's raft of eye-catching reforms.

Wragge & Co appointed to Ofwat's new legal panel

Wragge & Co LLP has demonstrated its regulatory credentials with an appointment to Ofwat's first legal panel. It will advise the regulator of the water and sewerage sectors in England and Wales on regulatory and competition issues over a period of four years.

Wragge & Co secures victory in landmark energy prices case

Wragge & Co LLP Public Law and Regulation team has helped the Northern Ireland Authority for Utility Regulation to secure victory in a landmark judicial review case.

HRA 1998: irreversible?

John Cooper & Chris Warburton reflect on the future of the Human Rights Act.

A new plan for energy regulation

For those of a certain age, the idea of regulating the gas and electricity industry by reference to a national development plan might seem an unattractive throwback to the 1960s.