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25 February 2016
Issue: 7688 / Categories: Features , Procedure & practice
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Under review

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Is the Wednesbury principle consigned to history? Alec Samuels reports

Is the Wednesbury principle, Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, [1947] 2 All ER, CA, consigned to the dustbin of history? If not, what exactly does it mean today? Is the European principle of proportionality, derived from the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), part of English law, and, if so, what exactly does it mean? The contemporary answers are to be found in R (Keyu) v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69, [2015] 3 WLR 1665.

The short answer is that the action or decision of a public body may still be challenged by way of judicial review on the basis of common law irrationality and on the basis of the European principle of lack of proportionality.

The latest authoritative re-statement of the irrationality rule is to be found in the judgment of Lord Neuberger para 127, Lord Hughes and Lord Mance agreeing: “An executive decision can

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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