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Northumbrian Water: no common law duty to prescribe policy—and immigration implications (trafficking leave; FCDO referral list) in England and Wales

Published on: 11 September 2024

Published by a LexisNexis Immigration expert
Legal News
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Article summary

Northumbrian Water Ltd, R v Water Services Regulation Authority [2024] EWCA Civ 842

Background to the decision

As set out in the News Analysis: Northumbrian Water—No duty of prescription under the common law? (R (on the application of Northumbrian Water Ltd) v Water Services Regulation Authority), the decision confirms that where a public authority enjoys a discretionary power, it is under no requirement to publish a policy explaining the manner in which that discretion will be exercised. Accordingly, any general requirement to codify how such powers are to be applied was rejected. This conclusion displaces the stance adopted in ZLL v Secretary of State for Housing, Communities and Local Government [2022] EWHC 85 (Admin) or, more precisely, treats the dictum on a ‘duty of prescription’ as obiter. While the implications of that point are examined in the article referenced, a few preliminary observations may assist what follows. First, the main source of support for recognising any such duty has been the Supreme Court decision in Lumba v SSHD [2011] UKSC 12. In Lumba, the powers at issue were the power to detain immigrants and the associated power to grant them bail...

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