David Manknell has appeared in a case exploring the public law/private law divide. The High Court dismissed a claim brought against FENSA, the well-known operator of a building self-certification scheme, which requires its members to have suitable insurance in place to protect consumers.
FENSA had refused to authorise the insurance product provided by the Claimants, with the result it would not be sold to members of FENSA’s scheme. The Claimants sought judicial review of that decision, but this was refused by Dove J, both on the basis that the decision was not a public law decision amenable to judicial review, and on its substance.
This case is of particular interest in its analysis of the public/ private law divide, and the circumstances in which a private company will or will not be amenable to judicial review.
David was instructed on behalf of the Department for Communities and Local Government by the Government Legal Department.
