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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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