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ARTICLE · 15 AUGUST 2023

Courts Consider Public Authorities' Duty To Consult

Two recent judgments relating to consultation outline the fact and context specific nature of this area. In one decision, the Court of Appeal overturned...

United KingdomEmployment and HR

Two recent judgments relating to consultation outline the fact and context specific nature of this area. In one decision, the Court of Appeal overturned the High Court's finding that the Government's National Disability Strategy was unlawful on the basis that the voluntary exercise undertaken did not meet the requirements of a fair consultation (R (on the application of Secretary of State for Work and Pensions) v Eveleigh [2023] EWCA Civ 810). In the second decision, the High Court found that the Secretary of State for Business and Trade failed to comply with his statutory duty to consult (R (on the application of ASLEF and ors) v Secretary of State for Business and Trade [2023] EWHC 1781 (Admin).

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