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Public law update

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