Nicholson & Ors v Insolvency Practitioners Association & Ors

Counsel for the Claimants Ian Wilson KC, Ben Strong KC and Ryan Ferro instructed by Gateley plc t/a Gateley Legal Counsel for the First Defendant Siward Atkins KC instructed by Weightmans LLP Counsel for the Second Defendant Stephen Davies KC and Kavan Gunaratna instructed by FWJ Legal Limited t/a Francis, Wilks & Jones Counsel for the Third Defendant Thomas Williams instructed by Pannone Corporate LLP Hearing 2 and 3 December 2025 ____________________

(b) even if an entity is a public body and/or has some public functions this does not mean that all its functions are public functions ( 3-066 );

(c) if the powers or functions derived from an agreement voluntarily entered into this would point away from the powers or functions being public powers and functions ( 3-060 ) and The Jockey Club ;

(d) if there has been statutory underpinning of the relevant function of the entity, or the body has been established under the authority of the government this is an indication that the function is a public function ( 3-057 ), Datafin and R v Criminal Injuries Compensation Scheme [1967] 2 QB 864 ;

(e) the absence of a direct statutory obligation suggests that the function is not public ( 3-057 ) and R v Liberal Democrats v ITV Broadcasting [2020] 4 WLR 4 ("Lib Dems v ITV") ;