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Focus on Regulation

Tag Archives: legitimate expectation

Predicting the winds of change: business investment decisions and unexpected shifts in government policy

A change in government policy can sometimes have a profoundly adverse effect on businesses, particularly if that change is unexpected or sudden. Businesses, particularly those in highly regulated sectors, often rely on “clear assurances” from Government in relation to its policy objectives and areas of focus (and funding) as a basis for operating or investing

Waste not, want not: The High Court finds that HMRC breached legitimate expectation on landfill tax

The High Court, in the recent case of R (Biffa Waste Management Services Ltd) v the Commissioners for HMRC [2016] EWHC 1444 (Admin), has provided much needed clarification on taxpayers’ entitlement to rely upon rulings by HMRC where the ruling is general in nature but framed to apply only to specific transactions. Facts The claimant,

Government reveals new UK surveillance measures in the wake of tribunal decision restricting the Wilson Doctrine

On 4 November 2015, the government published the Investigatory Powers Bill, containing new surveillance powers for police and security services in the UK. The draft Bill, which is expected to be introduced to Parliament in the New Year, contains a wide range of proposals, including a “double-lock” for interception warrants, so that, following Secretary of

Look but don’t touch: substantive legitimate expectation in the context of “political policy” decisions involving the allocation of resources

In R (on the application of Alansi) v London Borough of Newham [2013] EWHC 3722 (Admin), the Administrative Court has restated a number of key principles relating to legitimate expectation, including the deference that should usually be afforded to public bodies making policy decisions involving the allocation of resources.