header-logo header-logo

01 August 2025 / Jasveer Randhawa
Issue: 8127 / Categories: Features , Public , Local authority , Judicial review
printer mail-detail

Public law update

226815
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll