About Public Law
As a government lawyer your clients are experiencing various impacts on policy making from numerous and competing interests such as austerity, efficiency, collective/individual rights, European and devolved/delegated jurisdictions. Your job advising on legislation and risk of challenge through judicial review is increasingly time consuming and complex.
Brexit
With reform of retained EU law high on the agenda, post-Brexit legal changes remains a key issue. Get key information and updates for all practitioners, with practice area specific Brexit content across the modules.
Judicial Review
We outline the key principles and procedural requirements with a clear focus on the public sector perspective. The content focusses primarily on judicial review in the Administrative Court in England and Wales.
Public Procurement
Failure to stick to procedures can have significant legal, financial and practical consequences for a contracting authority. We guide you through various processes, focussing on the Public Contracts Regulations 2015.
Expertise on all matters
An essential resource providing guidance & materials on core legal subjects relevant to lawyers in all areas of legal practice, as well as specialist content designed to assist government lawyers in a range of key areas
Topics We Cover
Latest Public Law News
Details of updates to HMRC import, export and customs guidance for the period from 29 October to 11 November 2024...
The Cabinet Office has recently updated the guidance on completing and registering a notification form under the National Security and Investment...
The Foreign, Commonwealth & Development Office (FCDO) has published the provisional draft agenda for the 15th meeting of the Specialised Committee on...
The Independent Expert Panel (IEP) has published a report requiring Lee Anderson MP to offer an apology in the House of Commons after the...
The Attorney General, Lord Hermer KC, has issued new guidance to government lawyers for assessing legal risk. The amended guidance reflects the...
Latest Public Law Practice Notes
Religion or beliefThis Practice Note examines the definitions of ‘religion’ and ‘belief’ for the purposes of having the protected characteristic of...
UK subsidy control—ongoing cases trackerBackgroundOn 4 January 2023, the Subsidy Control Act 2022 (SCA 2022) entered into force. For further details...
Court of Justice State aid appeals—ongoing cases trackerThe below tracks live Court of Justice appeal cases involving State aid (Articles 107 to 109...
General Court State aid appeals—ongoing cases trackerThe below tracks live General Court appeal cases involving State aid (Articles 107 to 109 TFEU)....
Court of Justice State aid national references—ongoing cases trackerThe table below lists national references to the Court of Justice concerning the...
Latest Public Law Precedents
Intellectual property licence—pro-licenseeThis Agreement is made on [insert date]Parties1[insert name], a company incorporated in [England and Wales]...
Intellectual property licence—pro-licensorThis Agreement is made on [insert date]Parties1[insert name], a company incorporated in [England and Wales]...
Interest on late payment clause1Interest on late paymentIf either party fails to make payment in accordance with this Agreement the other party shall...
Personal data sharing clause—controller to controller—pro-receiving partyDefined terms: This Precedent clause uses the additional defined terms...
Personal data processing schedule—short form—pro-processorThis precedent is drafted in contemplation of arrangements where the parties wish to insert...
Latest Public Law Q&As
Featured Public Law content
Methods of statutory interpretation used to resolve disputes about the meaning of legislation
Methods of statutory interpretation used to resolve disputes about the meaning of legislationIntroduction to statutory interpretationThe aim of...
Sources of constitutional law
Sources of constitutional lawIn briefThe British constitution is unwritten in the sense that it does not derive from a single constitutional text. It...
Direct effect of EU law
Direct effect of EU lawWhat is direct effect of EU law?The doctrine of direct effect is a fundamental principle of EU law developed by the Court of...
Convention rights—structure of qualified rights
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
Separation of powers—legislative, executive and judiciary
Separation of powers—legislative, executive and judiciarySource of the doctrine of the separation of powersThe origins of the doctrine of the...
What is a public authority?
What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public...
Structure and functions of EU institutions and bodies
Structure and functions of EU institutions and bodiesThe EU’s unique institutional frameworkThe European Union is a supranational polity, and is...
Harmonisation
HarmonisationDefinitionHarmonisation, also known as standardisation or approximation, refers to the determination of EU-wide legally binding standards...
What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to succeed?
The status of EU law in the UK after Brexit [Archived]
The status of EU law in the UK after Brexit [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note provides...
Indirect effect of EU law
Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...
What is Wednesbury unreasonableness?
Parliamentary supremacy—implied repeal
Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its...
The executive and the civil service
The executive and the civil serviceWhat is a civil servant?A civil servant is any permanent, non-political employee of central government—servants of...
What is the EU infringement procedure under Article 258 TFEU and how can proceedings be monitored?
EU internal competence
EU internal competenceThe limits of EU competencesThe limits of EU competences are governed by the principle of conferral (also known as principle of...
Free movement of EU workers and citizens
Free movement of EU workers and citizensEU workers and EU citizens enjoy the right of freedom of movement. This right is granted to EU workers in...
The four freedoms—goods, services, establishment and capital
The four freedoms—goods, services, establishment and capitalFree movement of goodsRestriction on importsScope of the prohibitionArticle 34 of the...
Associated legal terms
Facility and circumvention
A Will is open to challenge when facility and circumvention can be shown to have existed. Facility is less than insanity but exists where the testator, either because of physical or mental illness, can easily be imposed upon. ‘circumvention’ refers to pressure or persuasion.
Interest rate swap
A swap in which typically a fixed set of cash flows are exchanged for a set of cash flows linked to short-term interest rates.
Substisting rights
A member's subsisting rights are: • any rights (including pension credit rights granted to an ex-spouse on divorce) that have accrued to, or in respect of, the member to future benefits under the 'scheme rules' —it is now widely accepted that a deferred pension, being a pension which will come into payment in the future, is a subsisting right. This is supported by the opting-out test of PA 1995, s 124(2) which specifies that the 'accrued rights' of an active member are to be determined as if the member had opted to terminate their pensionable service, ie as if they had become a deferred member, or • any entitlement to the present payment of a pension or other benefit which the member has under the 'scheme rules'—pensions in payment, including future instalments of a pension already in payment, are therefore subsisting rights
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