Public Law analysis: A decision by National Saving and Investments, a Crown body, to revoke its Welsh language scheme was held to be unlawful on a judicial review brought by the Welsh Language Commissioner. Although the power implied into the Welsh Language Act 1993 (WLA 1993) for a Crown body to adopt such a scheme also carried with it an implied power for that body to withdraw or revoke the scheme as a matter of statutory interpretation, a failure to consult the Commissioner contravened the Commissioner’s legitimate procedural expectation that she would be consulted in respect of any proposed change. Written by Martin Jones, Head of Regulatory at Hugh James.
To continue reading this news article, as well as thousands of others like it, sign in with ³ÉÈËÓ°Òô or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all ³ÉÈËÓ°Òô content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ³ÉÈËÓ°Òô services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Grounds of judicial review—breach of legitimate expectationThe ground of challenge based on legitimate expectations is designed to hold a public authority to ‘an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect
In what circumstances can a public body be joined as an interested party to a judicial review (as opposed to being joined as an intervener)? Are there any particular requirements/responsibilities for a public body joined as an interested party?In the context of judicial review, an interested party
If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so
0330 161 1234