Chambers expertise in this area is generally deployed in a commercial judicial review context, either challenging the actions (or failure to act) of regulatory bodies, governmental departments, local authorities or other body exercising a public law function, or resisting a challenge to the lawfulness of those actions, including by reference to EU law and competition regulation.
Judicial review has become increasingly important for commercial clients in recent years, as a wider range of private companies enter into complex contracts to supply goods and services to public bodies and because those companies are subject to commercial and regulatory decisions taken by government and associated bodies.
As well as representing regulators and public bodies in defence of actions taken under their rules, members here act in judicial review proceedings brought on behalf of groups of individuals, or private companies seeking relief in a range of industries, including aviation, agriculture, banking, broadcasting, construction, environment, energy, entertainment, financial services, health, lotteries, licensing, sports, telecommunications, utilities and tax.
Recent work has included, R on the application of: (1) Proteus Film Partnership No.1 (2) Samarkand Film Partnership No.3 -v- HMRC in relation to film finance tax relief; R (Imperial Tobacco, BAT, Philip Morris and Gallaher) v Secretary of State for Health in relation to plain packaging in the tobacco industry; R (Western Power Distribution) v Gas and Electricity Markets Authority in an EU law challenge to Ofgem’s decision in relation to incentive payments in the electricity market; and R (on the Application of RAB Special Situations (Master) Fund Ltd v. The Commissioners of Her Majesty's Treasury in relation to the collapse of Northern Rock.
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