Category Archives: Public law

‘The Recognition of a Substantive English Public Law through the Privileged Legal Treatment of Public Assets’

“Against the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law, nor a system of public property. This is inaccurate. Starting with the imposition of a feudal structure of property by William the Conqueror in the 11th […]

‘IRAL’s Missing Remedy: Compensation for Unlawfulness’

“The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders (which I considered here). It may be that the Realpolitik of this omission […]

Kumaralingam Amirthalingam, ‘Public prosecutors and the tort of misfeasance’

“The Canadian Supreme Court decision in Ontario v Clark, 2021 SCC 18 on prosecutorial immunity against civil claims for misfeasance in public office should be of interest to English lawyers. Canada and England share similar traditions in public prosecution, and their jurisprudence on tort liability of prosecutors has developed in tandem. Public prosecutors exercise considerable […]

Matthew Hoyle, ‘Splitting the difference: Surrey CC v NHS Lincolnshire Clinical Commissioning Group and contribution between public bodies’

“What happens when one public body pays for a service that ought to have been provided by another? That was the question facing Thornton J in Surrey County Council v NHS Lincolnshire Clinical Commissioning Group [2020] EWHC 3550 (QB); [2021] 2 WLR 805. Her judgment shows that 30 years after the ‘swaps’ cases, public law […]

Limb and Herbert, ‘Clean air and tort law’

INTRODUCTION The tort lawyer might say the world will end with a group litigation order or, at least, an inquest. Certainly, both feature large when considering the subject of ‘Clean Air and Tort Law’. Claims activity relating to aviation, air quality – in particular as affected by diesel engine exhaust emissions – are all in […]

Ira Lindsay, ‘In Praise of Nonconformity’

ABSTRACT Exemption of existing structures and land uses from new zoning regulations is a long-standing part of zoning practice but is often regarded as an unfortunate political concession that entrenches an irrational distinction between present uses and future use. This Article provides an unapologetic defense of statutory protection for these nonconforming existing uses. Existing use […]

‘The Shaky Foundations of the Supreme Court of Canada’s Public/Private Divide: Chartier v Métis Nation – Saskatchewan, 2021 SKQB 142′

“In a series of recent decisions, the Supreme Court of Canada has erected a divide between public and private law. First, judicial review of private organizations was restricted in Wall, a restriction subsequently extended to judicial enforcement of private organizations’ constitutive documents in Aga. Second, the appropriateness of judicial review of contractual arrangements was strongly […]

Tony Prosser, ‘Contractual provision of public services, commitment, and trust’

ABSTRACT Trust is a central concept in the regulation of public services. Two different models of trust can be distinguished, involving the creation of either substantive credible commitments or institutions to promote more collaborative relations. In this article, the differing implications of these two models are assessed through an examination of failed United Kingdom examples […]

Online Book Launch: Rachael Walsh, Property Rights and Social Justice, 22 July 2021 6pm

Speakers: Mr Justice Donal O’Donnell (Irish Supreme Court); Advocate General Gerard Hogan (European Court of Justice). In conversation with Professor Rachael Walsh (Assistant Professor, Trinity College Dublin). Chair: Professor Aileen Kavanagh (Professor of Constitutional Governance and Director of TriCON, Trinity College Dublin). In Property Rights and Social Justice, Rachael Walsh analyses ‘progressive property’ in action, […]

Just Published: Rachael Walsh, Property Rights and Social Justice: Progressive Property in Action

Property Rights and Social Justice analyses ‘progressive property’ in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so […]