The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 118 (09 February 2022)

The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 118 (09 February 2022)

The appeal is dismissed because the claim for judicial review is premature. The court will not grant permission to apply for judicial review to determine the effect of UKIMA on Senedd competence in the absence of specific Senedd legislation. The issues raised are better addressed in the context of concrete legislative proposals, not in the abstract.

Citation
[2022] EWCA Civ 118
Parties
Claimant/appellant: The Counsel General for Wales; Defendant/respondent: The Secretary of State for Business, Energy and Industrial Strategy; Interested Party: The Lord Advocate; Interested Party: The Attorney General for Northern Ireland
Jurisdiction
England and Wales
Judgment Date
09 February 2022
Procedural Posture
Judicial Review (application for Permission) / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Legislative Competence, Devolution Settlements, Judicial Review Prematurity, Interpretation of Constitutional Statutes
Constitutional Law Administrative Law Devolution Legislative Competence Devolution Settlements Judicial Review Prematurity Interpretation of Constitutional Statutes

Case Brief

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Parties

The Counsel General for Wales

Claimant/appellant

The Secretary of State for Business, Energy and Industrial Strategy

Defendant/respondent

The Lord Advocate

Interested Party

The Attorney General for Northern Ireland

Interested Party

Procedural Posture

Judicial Review (application for Permission) / Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the court should grant permission to apply for judicial review to determine the effect of the United Kingdom Internal Market Act 2020 (UKIMA) on the legislative competence of the Senedd in the absence of specific Senedd legislation
  2. 2 Whether the amendment of Schedule 7B of the Government of Wales Act 2006 (GoWA) by UKIMA amounts to a reservation or restricts Senedd competence

Ratio Decidendi

The appeal is dismissed because the claim for judicial review is premature. The court will not grant permission to apply for judicial review to determine the effect of UKIMA on Senedd competence in the absence of specific Senedd legislation. The issues raised are better addressed in the context of concrete legislative proposals, not in the abstract.

Court Disposition

Appeal dismissed

Orders

  • Permission to apply for judicial review refused as premature