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R (on the application of Actegy Ltd) v Advertising Standards Authority Ltd and another [2019] EWHC 2374 (Admin), [2019] All ER (D) 23 (Sep)
The claimant was unable to show that the first defendant’s general approach for assessing whether or not efficacy claims made for a medical device in an advertisement were substantiated had failed any test of proportionality and it was not established that the first defendant had adopted an approach on the facts of the case which had been unlawful. Accordingly, the Administrative Court dismissed the claimant’s application for judicial review of the decision, upholding complaints against a newspaper advertisement placed by the claimant for a medical device.
Constitutional law
R (on the application of Miller) v Prime Minister (Baroness Chakrabarti and others intervening) [2019] EWHC 2381 (QB), [2019] All ER (D) 24 (Sep)
The decision of the defendant prime minister to advise Her Majesty to prorogue Parliament from a date between 9 and 12 September until 14 October 2019 had not been justiciable, as the criteria adopted by the courts for identifying non-justiciable exercises of prerogative power were whether they
