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01 August 2025 / Jasveer Randhawa
Issue: 8127 / Categories: Features , Public , Local authority , Judicial review
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Public law update

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Jasveer Randhawa explores some of the recent themes to emerge in English public law
  • Courts are narrowing the circumstances in which the Gunning principles apply, signalling more leeway for public bodies to engage stakeholders without triggering formal consultation obligations.
  • Recent cases also highlight a spectrum of contractual arrangements intersecting with statutory duties.
  • Judges are embracing a flexible, consequence-focused approach to reasonableness, affirming the role of judicial review in scrutinising public decisions.

Public law is a fast moving and highly specialised area. In this article, I consider some recent trends and themes in English public law, focusing on three substantive areas: consultation, the intersection between public and private law, and rationality/reasonableness review.

Consultation

Consultation has long been a fertile ground of challenge in judicial review, but recent case law has re-examined when the Gunning principles (R v Brent London Borough Council ex p Gunning (1985) 84 LGR 168) apply—an area that was previously considered settled.

The Court of Appeal first tackled the issue in R (Secretary of State for Work and Pensions) v Eveleigh [2023] EWCA

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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