Public Law | Kingsley Napley’s Post

An article by Nick W., a partner in Kingsley Napley’s specialist Public Law team, is now available on our website. In this article, entitled ‘The Politics of Public Inquiries,’ Nick discusses the significant legal powers statutory public inquiries wield. Nick explains the various ways these powers can be exercised while demonstrating the unique blend of political and legal processes that these inquiries represent. https://lnkd.in/ex7Mh_we This article was first published by the New Law Journal on 19 July 2024 and can be found on its website: https://lnkd.in/eamPbT7d #ukgovernment #publiclaw #kingsleynapley

Labour has taken immediate action on energy policy issues, making several significant announcements already since coming into power. In his latest blog, Sahil Kher reviews the key developments so far and what the future may bring for onshore wind, solar power, the North Sea and more. Click the link below to read more: https://lnkd.in/eWugNkhS To learn more about how the new change in government will impact you, your family, and your business, please visit our dedicated hub: https://lnkd.in/eWFvmw8k   #KNNewGov #EnergyPolicy #Labour #KingsSpeech #PublicLaw #KingsleyNapley

Ahead of the Kings Speech tomorrow, Labour has promised to introduce a ‘Hillsborough Law’ which will place a legal duty of candour on public servants and authorities.    This idea originated from the Review of the Hillsborough disaster conducted by Bishop James Jones in 2017. However, it is all too easy to overlook the implications of this new legislation from just four lines of a manifesto.   In his latest blog, Lord Carter of Haslemere (a consultant to Kingsley Napley) analyses the reasons why this new law is being introduced, and why it might make a significant difference, depending on whether there are effective sanctions and the extent to which these are enforced. You can read his blog here. https://lnkd.in/ejZwgiaP

The Supreme Court's judgment on the Finch case marks a significant development in environmental law, clarifying the responsibilities regarding 'downstream' emissions in Environmental Impact Assessments. Sahil Kher latest blog explores the ruling and the importance of comprehensive environmental accountability. Click the link below to read: https://lnkd.in/eeCXdayu #SupremeCourt #FinchCase #EnvironmentalLaw #Sustainability #CorporateResponsibility  #Publiclaw #KingsleyNapley 

Exactly a year on from hearing a ground-breaking challenge on “downstream” emissions, the Supreme Court has handed down its judgment in R(Finch) v Surrey County Council and ors this morning. By a three-to-two majority (https://lnkd.in/ezhaTYxu), the Supreme Court allowed the appeal of a local resident (Sarah Finch on behalf of the Weald Action Group) and concluded that Surrey County Council’s decision to grant planning permission for a project to expand oil production from a well site near Horley was unlawful because it failed to assess the effect of the combustion of oil produced from the proposed well site (the “downstream” emissions), and in particular, the inevitable greenhouse gas emissions that will arise. A press summary of the judgment can be found here: https://lnkd.in/ecpSBHvY More analysis to follow from Public Law | Kingsley Napley , but this judgment is likely to have considerable ramifications – this challenge was seen by many environmental activists and lawyers as a ‘gateway’ challenge.

An article by Nick W., a partner in Kingsley Napley's specialist public law team, is now available on our website.   In this article, entitled ‘Identity matters’ Nick discusses how the judgment in Secretary of State for the Home Department v R (IAB & others) [2024] EWCA Civ 66 underscores the importance of transparency in government. Nick also highlights some of the useful tools that are available when sensitive information needs to be protected.   Please click below to read the blog: https://lnkd.in/edzqdcKv   This article was first published by the New Law Journal on 17 May 2024 and can be found on its website: https://lnkd.in/erXxYPGZ   #uklaw #Parliament #ukgovernment #judicialreview #legalinsights #publiclaw #KingsleyNapley

Two weeks ago the Rwanda Bill became law, allowing the government to send asylum seekers to Rwanda.   In this essay published in the New Law Journal, our expert Consultant Lord Carter of Haslemere explores the challenges underlying this complex issue, and says that “It is possible that the Strasbourg Court would give a ‘Rule 39 indication’… Successive UK governments have taken the view that as a matter of policy the Government will always comply with a Rule 39 indication where they are able to do so…    “In the Rwanda context, and in a General Election year, there would be political pressure from certain corners not to comply with a Rule 39. Whatever the government’s decision, if it comes to that, the thorny debate about the UK’s continued membership of the ECHR will intensify. This is where the real battleground will lie in the months ahead.”   You can read the full article here https://lnkd.in/eNcDfJkb

The Grand Chamber of the European Court of Human Rights has handed down landmark judgments in three high-profile climate change cases.   Sahil Kher latest blog explores the significance of these judgments and their implications. Click the link below to read.  https://lnkd.in/e4ZJr58i #Climatechange #ECtHR #Klimaseniorinnen #ECHR #Publiclaw #KingsleyNapley