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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll