United Kingdom: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
The Home Office Counting Rules Don’t Count, Says The Administrative Court
The Administrative Court has delivered a significant judgment clarifying that the Home Office Crime Recording Rules (HOCA) do not govern police retention of information on local databases. In a case involving an autistic eight-year-old child, the court emphasized that retention decisions must be made under the College of Policing's guidance, requiring individualized assessments of necessity and proportionality rather than relying on crime recording statistics frameworks.
United Kingdom Litigation
KN
Kingsley Napley
Article
How Can A Regulated Provider Challenge A Decision Taken By Ofcom Under The Online Safety Act?
Understanding the mechanisms for challenging Ofcom's decisions under the Online Safety Act is crucial for regulated providers navigating this complex new regime. This guide explores the public law principles that govern potential challenges, from judicial review claims to Upper Tribunal appeals, and examines what enforcement actions can be contested and on what grounds.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
Article
Infrastructure Planning Blog 70: Statistics On Major Projects, Tech Updates, And Applying The New NPPF
The Planning Inspectorate's latest statistics reveal mixed progress on nationally significant infrastructure projects, with examination times improving but pre-application periods lengthening. A landmark High Court judgment clarifies how NPPF highway impact thresholds should be applied in planning decisions, while early interpretations of the revised NPPF demonstrate how exceptional circumstances tests are being used to approve countryside development despite character concerns.
United Kingdom Real Estate
TLT
Article
City Doctoral Researchers Association v Charity Commission: The Upper Tribunal Clarifies The First-Tier Tribunal's Jurisdiction In Charity Appeals
The Upper Tribunal recently refused an appeal seeking to compel the Charity Commission to investigate charities for alleged harmful and discriminatory practices. The case centered on whether the First-Tier Tribunal has jurisdiction to force the Commission to make decisions about removing charities from the register, raising important questions about the scope of tribunal powers under the Charities Act 2011.
United Kingdom Commercial
WL
Withers LLP
Article
Hillsborough Law – Code Of Ethical Conduct – Are You Ready?
Central government is proposing a six-month implementation window for public authorities to comply with the Code of Ethical Conduct requirements under the Public Office (Accountability) Bill, commonly known as Hillsborough Law. With Royal Assent expected in late 2026 or early 2027, authorities face significant pressure to review existing codes, secure governance approvals, and embed cultural changes across their organizations. The question is whether this timeline is realistic given the scope of work requir
United Kingdom Government
W
Weightmans
Article
A Fairer End To Relationships: Qualifying Nuptial Agreements
The UK government is consulting on making prenuptial and postnuptial agreements legally binding through Qualifying Nuptial Agreements (QNAs), marking a significant shift from their current influential but non-binding status. While the proposal emphasizes personal autonomy and includes safeguards like independent legal advice and financial disclosure, critical questions remain about how 'needs' will be defined...
United Kingdom Family
WL
Withers LLP
Article
Reforming EOTAS: Commissioning, Funding And Safeguards
Browne Jacobson's response to the government's EOTAS consultation raises fundamental concerns about proposed reforms to education provision for children unable to attend mainstream settings. The firm challenges key aspects including the removal of Tribunal appeal rights, unclear funding mechanisms, and the transfer of commissioning responsibilities to schools without adequate financial support. Will the proposed framework adequately protect vulnerable children, or does it risk creating new gaps in accountab
United Kingdom Consumer
BJ
Browne Jacobson
Article
EOTAS Consultation Response: Existing EOTAS, Health And Online Provision
Browne Jacobson examines the UK government's proposed reforms to Education Otherwise Than At School (EOTAS) arrangements, highlighting critical gaps in capacity planning, funding models, and legal liability frameworks. The firm supports stronger oversight of online providers and clearer roles for health-related absences, but warns that rigid legislative frameworks and inadequate safeguards could harm vulnerable children already experiencing educational disruption.
United Kingdom Consumer
BJ
Browne Jacobson
Article
Simplification Of Government Consultation Process – Sounds Good As Long As Consultation Is Still Adequate
The UK government's new consultation simplification plan aims to streamline stakeholder engagement, but could it create more problems than it solves? This analysis examines the potential risks of reducing formal consultation processes across tax, employment, and immigration policy, drawing parallels to historical policy failures and questioning whether speed without scrutiny truly represents progress.
United Kingdom Government
LS
Lewis Silkin
Article
Mexico Surrogacy Laws: A Guide For UK Intended Parents
Surrogacy in Mexico operates under state-level regulations rather than federal law, creating significant legal variations across regions. UK intended parents considering Mexican surrogacy face complex challenges including inconsistent documentation processes, potential language barriers, and varying medical standards. Understanding state-specific requirements, securing independent legal advice, and planning for departure logistics are essential steps before pursuing this increasingly popular but legally int
Global Family
AG
Anthony Gold Solicitors LLP
Article
Hereford Cattle Breed Row Heads To High Court
A judicial review hearing will examine whether Traditional Herefords should be classified as a separate native breed or remain a sub-population of the wider Hereford breed. The Hereford Cattle Society, represented by Clarke Willmott, is supporting Defra's position that Traditional Herefords form part of the wider breed, while Australian breeder Peter Hall challenges this classification based on genetic testing.
United Kingdom Litigation
CW
Clarke Willmott
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