Bates Wells
5 Experts
1 Contributions by Bates Wells
PRACTICE NOTES
This Practice Note draws on various administrative law authorities to demonstrate the kinds of judicial review claims commonly pursued within the GB energy market. For an overview of significant energy law decisions since 2021, encompassing judicial review matters and more, see: Energy cases tracker.
Which bodies in the GB energy sector are amenable to judicial review?
Judicial review is not confined to claims against public authorities. Entities performing public law functions can likewise be subject to review in relation to those activities. That position captures several key organisations within the GB energy sphere.
In assessing whether a function of an energy body is open to judicial review, the Administrative Court (within the King’s Bench Division of the High Court) typically asks two overarching questions:
whether the function’s source lies in statute or prerogative authority; and
if not, whether the function carries a
Energy
4 Contributions by Bates Wells Experts
PRACTICE NOTES
This Practice Note directs legal practitioners on the meaning and scope of consultant lobbying, and on compliance, offences, and sanctions arising under Part 1 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (TLNPCTUAA 2014) (also called the Lobbying Act).
What does the Lobbying Act do?
TLNPCTUAA 2014 is arranged into three discrete parts, with certain supplementary provisions, as follows:
TLNPCTUAA 2014, Pt 1 creates a register of ‘consultant lobbyists’ (in essence, those presenting representations to government for clients) and appoints a registrar to oversee, monitor, and enforce the registration obligations in practice
TLNPCTUAA 2014, Pt 2 revises certain elements of electoral law concerning non-party campaigning (individuals or organisations campaigning before elections who are not themselves candidates or parties). For further guidance and context, see Practice Note: Non-party campaigning
TLNPCTUAA 2014, Pt 3 modifies provisions of the Trade Union and Labour Relations
Public Law
PRACTICE NOTES
Overview of the non-party campaigning regime
Part VI of the Political Parties, Elections and Referendums Act 2000 (PPERA 2000), as amended, establishes the regulatory framework for non-party campaigners in the run-up to UK and region-wide elections. Although PPERA 2000 sets a national baseline, its application can vary across the UK’s devolved administrations, and local electoral administration rules in those areas may modify or supplement the regime. In particular, amendments made by the Elections Act 2022 (EA 2022) do not extend to the Senedd or the Scottish Parliament. By way of example, EA 2022 inserted PPERA 2000, s 89A, which defines a reserved regulated period
Non-party campaigners are individuals or organisations that carry out activities which could reasonably be regarded as intended to influence the result of an election under the legislation, without being candidates or political parties themselves. Under the
Public Law
PRACTICE NOTES
The Creative Worker route
The Creative Worker route allows individuals in the creative industries to perform or take up work in the UK on a temporary basis. To sponsor talent under this pathway, an organisation must hold a Temporary Worker sponsor licence that specifically covers the Creative Worker route. Sponsors may, on an annual basis, request the number of undefined Certificates of Sponsorship (CoS) they expect to need, and they can also apply for further undefined CoS as necessary throughout the year. Creative artists, entertainers, and their entourage can be admitted initially for up to 12 months, with the possibility, in defined circumstances, of extending their permission up to a maximum total of 24 months. For matters relating to the applicant—such as financial, suitability and validity requirements, the period and conditions of permission, dependants, and other relevant immigration options—see Practice Note: Applying under the
Immigration
CHECKLISTS
Defending a claim for judicial review-checklist
This checklist highlights the principal points for defendants facing judicial review proceedings generally. It also offers supplementary guidance where proceedings are to be brought in the Upper Tribunal (UT).
On receipt of a pre-action protocol letter
Confirm that the intended claim falls within the UT’s jurisdiction. If you consider it does not, make this clear in your pre-action response to the proposed claimant.
Considering whether the case is properly defensible and whether it is cost-effective to contest, issue a response within 14 days (unless a shorter, properly requested timeframe has been set by the proposed claimant).
Review the documents and information sought in the pre-action letter and observe the duty of candour when providing any material.
On receipt of the claim form
Check whether the claim has been issued in the High Court or the UT.
Public Law
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