Central Government

This note addresses the role of alternative dispute resolution (ADR) in the context of the public sector and judicial review proceedings, and the relationship between ADR and the government's Dispute Resolution Commitment (DRC).

This note explains what "central government" means in the UK, and sets out the legal sources of its power. It explains, with examples, the range of powers Parliament confers on ministers and other parts of the executive, including powers to legislate; it also discusses European law and how it interacts with domestic legislation to enable government to act within EU law. It explains the Crown's "prerogative powers", giving examples and briefly discussing proposals for their reform, and sets out how the government can rely on the common law to take various actions that are not specifically authorised by legislation or the prerogative (for example, entering into contracts).

This practice note explains when an individual may claim damages in a judicial review challenging the lawfulness of a public body's action. It discusses the procedural issues that may arise in such a claim and the approach that the Administrative Court may take. Although there is currently no right in law to compensate indviduals who have sustained a loss because of the unlawful administrative actions of a public body, the note discusses the consultation proposals for reform that were put forward (but not pursued) by the Law Commission. 

This practice note discusses ways that recipients of statutory functions can arrange for their powers and duties to be exercised or performed by others. In particular, the note discusses the Carltona doctrine and the use of statutory regimes for contracting-out and delegation.

A note on the public sector duty to consult  that primarily focuses on relevant cases where consultation processes have been challenged and provides guidance on: A public authority's duty to act fairly in the exercise of their functions. The likely approach that the courts may take when dealing with a consultation challenge. 

The note discusses the three devolved legislatures in the UK and the extent to which devolution has introduced new layers of complexity to the UK statute book. The note covers: The extent and application of the three jurisdictions within the UK. How Westminster legislation extends to Scotland, Northern Ireland and Wales.

A note on the commissioning structure for health services under the Health and Social Care Act 2012.

A practice note on the key powers and duties on the Secretary of State, the NHS Commissioning Board, Clinical Commissioning Groups, local authorities and other NHS organisations under the Health and Social Care Act 2012.

This practice note explains the basis and nature of human rights law as it applies to UK public bodies. It sets out the origin and importance for the UK of the European Convention on Human Rights, giving examples of the rights guaranteed and explaining the standard and method of their protection, before discussing the Human Rights Act 1998.

This practice note explains the rule under section 3 of the Human Rights Act 1998 that, so far as possible, legislation must be read and given effect in a way compatible with the European Convention on Human Rights. The note explains: The scope of the rule and how it applies to various types of legislation. How the courts have approached its application. The limits of what kinds of interpretation are "possible" to achieve human rights compliance.

A note on the public law concept of legitimate expectation and the factors that may give rise to a legitimate expectation. The note also sets out the issues which the court may take into account when deciding whether a public body has abused its position by frustrating a claimant's legitimate expectation.

A note on neighbourhood development orders introduced by the Localism Act 2011.

A note on the principles and development of the doctrine of proportionality and the standard of review applied by the courts when determining public law claims.

A note on the public sector equality duty (PSED) introduced under section 149 of the Equality Act 2010. The note covers the background to the PSED and which public authorities it applies to. The note also considers the meaning of "due regard" and how the PSED will be enforced. 

A note on the specific duties under the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SSI 2012/162) and how they ensure public authority compliance with the general public sector equality duty (PSED) introduced under section 149 of the Equality Act 2010. This note only applies to the implementation of the specific duties in Scotland.

A note on the provisions and effect of the Public Bodies Act 2011, including practical guidance for organisations that: Have existing commercial and other dealings with bodies which are susceptible to abolition or modification. Are considering entering into new contracts with these bodies.

A practice note outlining the various methods of reorganising public sector undertakings. This note has been updated by the contributors following the Public Bodies Bill receiving Royal Assent on 14 December 2011.

A note on the various types of quasi-legislation and how they should be treated.

A note introducing the public sector shared services initiative, looking at what services are suitable for a shared delivery approach and the risks and benefits of sharing services.

A note looking at the various project structures that can be used in public sector shared services projects and addressing the issues that are likely to arise when implementing them.

This practice note contains links to the Public Law newsletters produced by Thirty Nine Essex Street, which provide summaries and comments on decisions that have wider implications in public law.