Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Revlon Doctrine
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Why is this case important? The case challenged a decision by the National Crime Agency (“NCA”) not to carry out investigations into whether consignments of cotton goods were the product of alleged forced labour and/or other...more
For the first time in two decades, the UK Court of Appeal has ruled on the substantive standard of judicial review to be applied by the Competition Appeal Tribunal (CAT or Tribunal) in UK merger cases....more
Last year, we wrote about ClientEarth’s application to the High Court of England and Wales for permission to bring a judicial review claim, alleging that the UK Financial Conduct Authority (FCA) unlawfully approved the IPO...more
In a decision highlighting the ostensible reticence of the Court at present to exercise judicial supervision in the political arena, the Court refused Tortoise Media permission to apply for judicial review in relation to the...more
Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more
The process of securing development consent (a DCO) for a major scheme can take many years. The decision of the Government on whether to grant the DCO is made at the end of that process and is subject to ‘judicial review’ by...more
Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more
Welcome to our first edition of Corporate Briefing, where we review the latest developments in corporate law that you need to know about. In this month’s issue, we discuss...more
This year will likely be significant in setting the ambit and intensity in which the High Court reviews decisions made by Government under the National Security and Investment Act 2021 (the "NSIA"). In particular, the High...more
In their recent Judgment in R (on the application of Day) v Shropshire, the UK Supreme Court decided that public rights over local authority land – which was later discovered to be a public park - survived a sale to a...more
ClientEarth has launched a judicial review against the FCA for approving a prospectus which ClientEarth claims contained inadequate climate-related disclosures. This is part of an increased use by environmental pressure...more
As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more
On 20 January 2023, the UK High Court of Justice (the High Court) delivered its judgment in R. (on the application of World Uyghur Congress) v Secretary of State for the Home Department. The case concerned a judicial review...more
Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more
The recent rise in legal challenges to proposed nationally significant infrastructure projects on climate and environmental grounds shows no signs of abating. In this blog we consider whether there is an unavoidable conflict...more
The Judicial Review and Courts Bill (“the Bill”), first announced in the Queen’s Speech in May to introduce reforms to judicial review, had its first reading just before Parliament’s summer recess. It follows the Government...more
The Government has published its response to the Independent Review of Administrative Law (IRAL) that was launched in July 2020, which examined whether there is a need for reform of judicial review. No radical changes to the...more
State aid remained one of the key sticking points in Brexit negotiations right until the announcement of the Trade and Cooperation Agreement ("TCA") on Christmas Eve 2020. One of the key priorities of the European Union...more
Aside from the long-awaited “Planning for the Future” White Paper, the big planning and development talking points of the summer have been the radical reforms to the Use Classes Order and the Permitted Development Rights...more
The Government’s launch of its review of administrative law last week is significant with potentially wide ranging consequences for judicial review. In this blog we discuss the details of this review and the potential...more
The recent judicial review in R (Holborn Studios) v London Borough of Hackney raises important considerations for developers and planning authorities in terms of financial details to be disclosed in viability assessments...more
In its recent decision in Enka v Chubb [2020] EWCA Civ 574,1 the Court of Appeal strongly endorsed the English courts' power to grant anti-suit injunctions restraining foreign proceedings brought in breach of an arbitration...more
Recent judgments help to clarify purpose and threshold of unexplained wealth orders. The National Crime Agency (NCA) has had a mixed start to 2020, with appeals heard on unexplained wealth orders (UWOs) testing the new...more
On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more