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England and Wales Case Law

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Public law

Al-Haq, R (on the application of) v Secretary Of State for Business and Trade

The appeal was refused because the Divisional Court's findings of fact—that the Secretary of State did not purport to apply the SELC to the F-35 Carve Out and that the SELC was expressly disapplied—were unassailable. Without a domestic foothold, the court could not interpret or apply the international obligations relied upon. Customary international law obligations cited by the applicant were not received into the common law due to lack of widespread state practice and constitutional constraints. The process by which the decision was made was rational and thorough. There was no compelling rea…

  • Export control
  • Arms trade treaty
  • Customary international law
  • Justiciability
  • National security
  • Foreign act of state doctrine
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Tax law [2025] EWHC 3057 (Admin)

Font v Commissioners for His Majesty's Revenue and Customs

Font v Commissioners for His Majesty's Revenue and Customs [2025] EWHC 3057 (Admin) (19 November 2025)

Permission for judicial review was refused in a challenge to HMRC’s MAP correspondence on UK-Spain treaty residence under a double taxation agreement.

  • Double taxation agreements
  • Judicial review
  • Tax residence
  • Mutual agreement procedure
  • Alternative remedies
  • Justiciability
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Tax law

Jordi Carulla Font v The Commissioners for HMRC

The High Court refused permission for judicial review of HMRC’s MAP letter on UK-Spain treaty residence, holding it was an intermediate step with no legal effect.

  • Double taxation agreements
  • Judicial review
  • Legitimate expectation
  • Alternative remedies
  • Justiciability
  • Mutual agreement procedure (map)
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Public law [2025] EWCA Civ 1433

Al-Haq, R (On the Application Of) v Secretary of State for Business and Trade

Al-Haq, R (On the Application Of) v Secretary of State for Business and Trade [2025] EWCA Civ 1433 (12 November 2025)

The Court of Appeal refused permission to appeal in Al-Haq’s challenge to the F-35 carve-out from the UK’s suspension of certain export licences to Israel.

  • Export control
  • Arms trade
  • Justiciability
  • Customary international law
  • Government policy
  • Foreign act of state doctrine
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Administrative law [2025] EWHC 1653 (Admin)

Campbell, R (On the Application Of) v His Majesty's Attorney General for England and Wales

Campbell, R (On the Application Of) v His Majesty's Attorney General for England and Wales [2025] EWHC 1653 (Admin) (01 July 2025)

The High Court held that the Attorney General’s refusal of authority under s. 13(1)(b) of the Coroners Act 1988 was not justiciable and refused permission for judicial review.

  • Justiciability
  • Attorney general's discretion
  • Judicial review
  • Coroners act 1988
  • Public interest functions
  • Judicial-review
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Public law [2025] EWHC 173 (Admin)

Al-Haq, R (On the Application Of) v Secretary of State for Business and Trade

Al-Haq, R (On the Application Of) v Secretary of State for Business and Trade [2025] EWHC 173 (Admin) (30 January 2025)

The Administrative Court refused permission to amend challenging superseded export-licensing decisions, but allowed amended grounds on the F-35 carve-out to proceed at a rolled-up hearing.

  • Arms export licensing
  • International humanitarian law
  • Justiciability
  • State responsibility
  • Procedural management in judicial review
  • Arms-export-licensing
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Administrative law

Matthew Campbell, R (on the application of) v His Majesty’s Attorney General for England and Wales

On current authority, the Attorney General's refusal of authority under s.13(1)(b) of the Coroners Act 1988 is not justiciable. If justiciable, review is limited to fraud, bad faith, or exceptional circumstances, none of which are pleaded here.

  • Justiciability
  • Attorney general's discretion
  • Judicial review
  • Coroners act 1988
  • Public interest functions
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Administrative law

THE BRITISH MEDICAL ASSOCIATION (R on the application of) v SECRETARY OF STATE FOR DEFENCE & ANOR.

The High Court dismissed a judicial review challenge to the Government’s decision not to commence section 192 ERA 1996 immediately, holding the decision was lawful and within a wide discretion.

  • Commencement of statutory provisions
  • Judicial review of ministerial discretion
  • Employment rights of service personnel
  • Service complaints system
  • Justiciability
  • Ministerial duty to review
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.