R (Moseley) v LB Haringey [2014] UKSC 116: Supreme Court sets out content of the duty to consult

30 Oct 2014

The Supreme Court’s judgment in Moseley provides the definitive word on the content of the duty to consult. The Supreme Court has taken a much more robust approach than the Court of Appeal or High Court in recent cases and has imposed rigorous requirements on public authorities in terms of the information which they may now be obliged to provide to consultees.

However there is an important question still to be answered, which is how the outcome of Moseley translates across to other consultations, for example in the commercial context, where consultees may have specialist knowledge and / or where there is no specific underpinning statutory duty to consult. The answer to this question is not assisted by the difference in emphasis between Lord Wilson and Lord Reed in their concurring judgments – or by the fact that Lady Hale and Lord Clarke agreed with both judgments. It remains to be seen whether the lower courts will treat consultations arising from different facts than Moseley differently as a result of this divergence of view between the Justices.

Please click here to view the full R (Moseley) v LB Haringey case note.