You are here

Should the Limbu test be applied more widely?

A recent judicial review brought against a regulative body shows the requirements of transparency are more burdensome than previously realised, writes Stephen Hocking

27 October 2015

Transparency and certainty are requirements of administrative law. A public body whose decision or ?policy lacks the necessary transparency or certainty ?may find itself the victim of ?a successful judicial review. ?A recent case on the regulation of clinical trials (R (Richmond Pharmacology Ltd) v Health Research Authority [2015] ?EWHC 2238) suggests that the requirements of transparency are more onerous than was once thought, and that they apply in ?a wider range of circumstances.

Pre-existing law

In R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, a case concerning policies under which foreign nationals could be detained pending deportation, Lord Dyson said: ‘The rule of law ?calls for a transparent statement by the executive of the circumstances in which the broad statutory criteria will be exercised... The individual has ?a basic public law right to have his or her case considered under whatever [lawful] policy the ex...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.