Administrative and Public Law Services
Administrative and public law impacts all sectors of commercial and private life, from individuals to multi-nationals.
Whether you are a private individual, corporation or foreign government seeking a determination from the Privy Council (or require assistance in responding to an appeal to that court), a corporate challenging a multi-million pound procurement award, or an individual fighting to protect your own rights and interests, we have specialists with the experience to support you internationally.
This is an area that has undergone a prolonged period of reform, culminating in the Judicial Review and Courts Act 2022, which includes rules governing court proceedings online. At its core, Administrative and Public law is about protecting the rights of individuals and companies by ensuring that government and state-entities, when exercising their powers, do so only within the limits of their authority.
Administrative and Public law requires that the decisions that these states and state-entities take must always be lawful, rational and in accordance with the appropriate procedures. As the world embraces the possibilities of Artificial Intelligence to streamline data analysis, expedite decision making and increase efficiencies in all sectors of public and private life, so the risks of unconscious bias, discrimination and lack of transparency in decision-making also intensify. With AI already in use in government across a wide range of areas from tax to immigration, and with the pace of advancement outstripping the progress of effective regulation, Administrative and Public law is going to continue to be an important safeguard for consumers and corporates alike.
Our administrative and public law expertise
Our team comprises dedicated litigators, John Almeida, Max Davis and Camilla Hart, who between them have over 70 years’ experience litigating in the Administrative Court, Privy Council and other specialist tribunals together with the experience and knowledge of industry-recognised subject matter experts in fields including:
Disputes in this area arise following decisions made by the Competition and Markets Authority (CMA), Ofcom and other regulatory bodies. We have considerable experience advising on the challenge of these decisions including the judicial review or quasi-judicial review elements.
We can also advise you in relation to the government’s power to intervene in mergers under the Enterprise Act 2002. Those interventions include Public Interest Merger Reference (Pre-emptive Action) Orders that can prevent a transaction on the grounds of national security, among other things. In this connection, we also have experience of challenging associated injunctions and negotiating with the Government Legal Department to secure mutually agreeable ways forward on your behalf.
Environmental and Planning
Issues can arise in this area following decisions by:
- Local planning authorities (including the grant of planning permission and certificates of lawfulness).
- The Secretary of State (including in relation to planning appeals, local plan making and highways orders).
We can advise you on the judicial review and statutory review of such decisions.
Where decisions made have an impact on third parties such as landowners and developers, we will devise an appropriate strategy, including on representations before decisions are made, pre-action protocol correspondence, claim management and costs.
We also help developers and landowners defend legal challenges to decisions, ensuring that a robust case is made irrespective of the case being put forward by the original decision maker. Our work includes challenges to unsuccessful appeal decisions where the Secretary of State or an inspector has erred in law.
Common areas of challenge include NPPF policies, environmental impact assessment, habitats and decision-making processes and procedures.
From governments to international corporations as well as private individuals across the Commonwealth, we can advise you on a wide variety of areas including legislative drafting, judicial review, extraditions, trials, and international arbitrations. Our experience in this area is vast, holding relationships with several Caribbean jurisdictions for over 100 years.
In addition to this, we also can assist you with appellate litigation with a particular focus on appeals to the Judicial Committee of the Privy Council.
Private individuals and employers each experience different challenges when dealing with Home Office decisions.
If you are a private individual, we can help you challenge decisions relating to all aspects of the Points Based System for visas, refusals of indefinite leave to remain applications, refusals of applications for entry clearance and refusals of settled status applications under the EU Settlement Scheme arising from Brexit.
Whereas, on behalf of employers, we work alongside you to challenge a range of issues including suspensions and revocation of Skilled Worker sponsor licences.
Pensions and Tax
HMRC has significant powers of enforcement in respect of a wide variety of personal and corporate taxes, charges and levies, both current and historic.
We can advise you on the possibility of challenging HMRC decisions by way of judicial review, including in particular where HMRC are seeking to resile from their published guidance or a previous ruling. This includes advising on how a claim for judicial review should be brought alongside any associated proceedings in the tax tribunals. In certain contexts, judicial review may also be an appropriate method to challenge HMRC’s increasing use of information notices.
In a pensions context, we can help you by advising potential challenges to the Pensions Regulator/PPF requests pursuant to sections 72 and 191 Pensions Act 2004 (information/disclosure requests).
Public Inquiries and Inquests
The nature of public inquiries can be very intrusive and can leave you vulnerable to public scrutiny. We work closely with you in these difficult circumstances to offer advice and support.
We have an experienced cross-practice and cross-sector team who can represent you in both public inquiries (a body established to identify and/or attribute blame) and inquests (a body established to determine cause). We have been involved in some of the largest and most high profile cases in the last decade, including both the Leveson and Hillsborough inquiries.
In particular, the team has extensive experience acting in high profile, complex and sensitive judicial review proceedings.
Members of the team support pro bono initiatives including assisting Windrush victims to apply for compensation, appealing disability benefit decisions and providing training and support for asylum seekers in the Greek Islands of Lesvos and Samos.
For more information, please contact Duncan Lamont.
Some notable cases
- Acting for a postal services provider in two connected Judicial Reviews that challenged the scope of a VAT exemption on postal services imposed by HMRC.
- Judicial review of immigration decisions to refuse leave to remain or detention.
- Judicial review of a local council’s decision not to award a gaming licence.
- Judicial review against Environmental Management Agency in relation to the construction of a highway.
- Judicial review against the Minister of Planning, Housing and Environment for their decision to amend the water pollution regulations.
- Judicial review of appointments to the Police Service Commission.
- Judicial Review application challenging Animal and Plant Health Agency’s decision not to grant a retrospective import permit.
- Judicial review of the Home Office’s decision to sanction a horseracing body.
- Challenging a decision relating to a request for information under the Freedom of Information Act.
- Instructed on behalf of the intervener in the first case involving an appeal to the Supreme Court of an Ofcom decision in the telecommunications sector.
Meet our administrative and public law team
Whether you require advocacy for litigation, arbitration or mediation, our advocates offer a cost and time-efficient one-team approach.
Anti-Bribery & Corruption
Our expert team advises on the full range of bribery and anti-corruption matters both domestic and international.
Corporate Restructuring & Insolvency
Our team carries out the full range of contentious and non-contentious insolvency work.
Assisting individuals and businesses subject to investigations and criminal proceedings.
Fraud & Asset Recovery
Our thoughtful and caring approach means you can be confident in our understanding and expertise in pursuing and defending complex and large scale civil fraud actions.
Our strategically focused specialists will work alongside you through every aspect of any arbitration.
We have brought together an international multi-disciplinary team of specialists who are experts in dealing with all types of investigations and regulatory issues.
We have extensive experience acting for parties in mediation and resolving disputes globally through mediation across our locations.
Private Wealth Disputes
We provide tailored solutions for all varieties of domestic and international disputes for families and private wealth professionals.
We offer pragmatic, strategic and commercial advice on all aspects of partnership, company and shareholder law.
What's important to you is important to us. Let's talk
If you would like to speak to a member of our Dispute Resolution team or to find out more about how we work, please get in touch