Public Law
Overview
Our public law team advises and represent claimants and defendants across a broad range of public law work in financial services, business regulation, VAT and Tax cases and in education, local government, professional discipline, healthcare,, mental health and community care law.
We act in judicial review proceedings arising from all types of public decision making , in Human Rights Act cases and in a wide range of specialist public and statutory tribunals and inquiries. We combine our public law expertise with that in our practice fields - ranging from all areas of local government and health law to the regulation of industry and the professions. A number of the team are on the Attorney General’s panels for civil litigation.
We regularly deal with public law and human rights issues arising from professional disciplinary proceedings and the decisions of financial services regulators and act in criminal judicial review cases and challenges to the conduct of coroners’ inquests.
Our barristers also advise and act in a wide variety of statutory and disciplinary inquiries and tribunals. Richard Lissack QC is the Consulting Editor of the standard work: Public Inquiries (OUP) and Michael Uberoi is a contributing author.
Areas of expertise
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Business regulation
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Criminal judicial review
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European Union Law
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Financial Services
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Sports law
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VAT and tax law
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Community care
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Information rights
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Education
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Environmental protection
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Healthcare law
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Local government law
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Medical consent to treatment
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Mental health and mental capacity
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Public sector equality duties
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Professional regulation
Track record and prominent cases
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Evans v UK [2007] European Ct of HR – ECHR challenge over a mother’s right to use stored fertilised embryos.
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Jack Alderman v State of Georgia [2007] – Acting in an appeal to the US Supreme Court on a death row case involving issues of delay amounting to inhuman punishment contrary to the UN Convention on Human Rights.
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Countryside Alliance & Ors v AttorneyGeneral [2006] UKHRR 73 – Human rights challenge to hunting ban.
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Sparrow v HM Coroner for East Somerset [2006] EWCA 2718 (Admin) – Judicial review into the adequacy of an inquest into the death of a judge in a fire
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R (On the application of Susan Sutovic) v HM Coroner for North London [2006] EWHC 1095 – Judicial review of the inquest into the suspicious death of a UK citizen in Belgrade including guidance on adequacy of the inquiry.
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Muck IT & Ors v Secretary of State for Transport [2005] EWCA 1124 (CA) – Review of consistency with Article 1 of the First Protocol/Art 6 of ECHR of burden of proof in the road transport licensing system.
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Jackson & Ors v Attorney General [2005] UKHL 56 - Challenge in the House of Lords to the validity of the Parliament Act 1949.
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Burke v GMC (Domestic citation [2005] EWCA Civ 1003) – Appeal to ECHR on right to life.
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SA v HM Chief Inspector of Schools in England [2004] 0342.EY SUS – Care Standards Tribunal appeal against suspension of registration.
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R (On the application of KB and & ors) v Mental Health Review Tribunal and SS for Health [2003] EWCA 193 – HRA challenge to actions of the Mental Health Review Tribunal over breaches of Art 5 ECHR.
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Walkes v HM Chief Inspector of Schools in England [2003] 0212.EY.SUS – Care Standards Tribunal appeal against suspension of registration.
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LM v Oftsed [2003] 81 EY SUS – Care Standards Tribunal appeal against suspension of registration.
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Persey & Ors v SS for the Environment [2002] EWHC – Judicial Review challenge to the government decision not to hold a public inquiry into the foot and mouth outbreak.
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International Roth GmBH & Ors v Secretary of State for Home Department [2002] EWCA 158 – Declarations of incompatibility with Art 6 and Art 1 of FP of provisions of Immigration & Asylum Act 1999.
Our clients
We advise and represent claimants, defendants and other interested parties on a very wide range of public law issues.
In the mental health field we act on behalf of the Official Solicitor/ CAFCASS, families, local authorities and health bodies.
We advise regulatory bodies, providers and individuals on care standards.
Our work also involves advice and representation in human rights and compensation claims made by, and on behalf of, children and vulnerable adults.
What the directories say
Richard Lissack QC of Outer Temple Chambers is an "effective performer" with mountains of experience of handling public inquiries. His public law track record has also seen him handling various constitutional challenges in the House of Lords. Chambers and Partners 2010
Other notable practitioners include Outer Temple Chambers’ John McKendrick, who has ‘excellent knowledge of the law' Legal 500 2011
Memberships and involvement
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Public Law