Jasveer Randhawa explores some of the recent themes to emerge in English public law
- Courts are narrowing the circumstances in which the Gunning principles apply, signalling more leeway for public bodies to engage stakeholders without triggering formal consultation obligations.
- Recent cases also highlight a spectrum of contractual arrangements intersecting with statutory duties.
- Judges are embracing a flexible, consequence-focused approach to reasonableness, affirming the role of judicial review in scrutinising public decisions.
Public law is a fast moving and highly specialised area. In this article, I consider some recent trends and themes in English public law, focusing on three substantive areas: consultation, the intersection between public and private law, and rationality/reasonableness review.
Consultation
Consultation has long been a fertile ground of challenge in judicial review, but recent case law has re-examined when the Gunning principles (R v Brent London Borough Council ex p Gunning (1985) 84 LGR 168) apply—an area that was previously considered settled.
The Court of Appeal first tackled the issue in R (Secretary of
