Public Law

View Barristers

Outer Temple Chambers public law team advises and represents claimants, defendants and other interested parties in a broad range of public law litigation.

We act in judicial review proceedings arising from all types of public decision making, challenges to the actions of public authorities under the Human Rights Act/ ECHR, and in a wide range of specialist public and statutory tribunals and inquiries.

Members of chambers are also particularly well known for their public law work in specialist areas in which we combine public law expertise with expertise in other practice fields - ranging from all areas of child and health law to the regulation of industry and the professions - as well for our work in major public inquiries.

These areas include:

  • care standards
  • childrens’ rights
  • community care
  • confidentiality
  • discrimination law
  • education
  • environmental protection
  • European Community Law
  • healthcare law
  • licensing and planning
  • mental health and mental capacity
  • pharmaceutical regulation
  • prison law/ prisoner’s rights
  • social services
  • sports law
  • tax law
  • regulation of the transport industry

 

We regularly act in criminal judicial review cases, judicial review challenges to the conduct of coroners’ inquests, the decisions of financial services regulators, and sports bodies. We also deal with public law and human rights issues arising from professional disciplinary proceedings.

 

Public Inquiries

Chambers is recognised as a leading set in relation to public inquiries work. Members of and/or teams from Chambers have appeared in most of the major public inquiries in recent years including the Shipman Inquiry, the Ayling Inquiry, the Bristol Royal Infirmary Inquiry, inquiries into the activities of the gynaecologists Rodney Ledward and Richard Neale, the inquiries into the Southall and Ladbroke Grove rail disasters, and the Rosemary Nelson Inquiry.

As well as these major one-off public inquiries, Members of Chambers also advise and act in a wide variety of statutory and disciplinary inquiries and tribunals - including inquests, inquiries by professional bodies, sports tribunals, and inquiries relating to planning, the environment and regulation of the transport industry.

 

Mental Health Law

Chambers has particular expertise in advising and representing service users, local authorities, doctors, NHS Trusts and regulatory bodies on complex mental health law and policy. We conduct tribunal cases in the Mental Health Review and Care Standards Tribunals, judicial review cases in the Administrative Court and at appellate level, and inquests, inquiries and claims for compensation arising from psychiatric care. Several members of chambers sit as legal members of the Mental Health Review Tribunal.


We also provide practical and responsive advice on the medical treatment of children and adults lacking mental capacity, and on other decisions they are unable to make for themselves. Where an application to Court is required our experience in the High Court and Court of Protection “best interest” cases on behalf of the Official Solicitor/ CAFCASS, families, local authorities and health bodies is invaluable. We have regularly undertaken training on the Mental Capacity Act 2005 and Mental Health Act 2007.

 

Care standards

The team offers specialist knowledge of all aspects of the Care Standards Act 2000. We advise regulatory bodies, providers and individuals and regularly appear in the Care Standards Tribunal. A number of members are particularly interested in the regulation of childcare, care homes and private health providers. We have experience of criminal regulatory proceedings under the Act.

 

Claims by children and vulnerable adults

An important strand of our work involves advice and representation in human rights and compensation claims made by, and on behalf of, children and vulnerable adults. Our work in this area includes:

  • claims for compensation arising from sexual abuse of children by adults: including civil claims against local authorities, governing bodies of schools and other institutions
  • claims for criminal injuries compensation and before the Irish Redress Board in Dublin
  • actions against care providers and individual perpetrators on behalf of those abuse din residential education or care
  • educational negligence claims for children with special needs and for failures to address bullying
  • actions arising from failures of local authority of health bodies to meet the needs of children in their area.

 

Notable recent Cases include:

  • Evans V UK – [2007] European Ct of HR – ECHR challenge over mother’s right to use stored fertilised embryos
  • Jack Alderman v State of Georgia [2007] – pro bono/ amicus team acting in appeal to the US Supreme Court on death row case–issues of delay amounting to inhuman punishment contrary to UN Convention on Human Rights
  • Countryside Alliance & Ors v Attorney­General [2006] UKHRR 73 – human rights challenge to hunting ban
  • Sparrow v HM Coroner for East Somerset [2006] EWCA 2718 (Admin) – judicial review into adequacy of inquest into death of a judge in fire
  • R (On the application of Susan Sutovic) v HM Coroner for North London [2006] EWHC 1095 – judicial review of inquest into suspicious death of UK Citizen in Belgrade – guidance on adequacy of inquiry
  • Muck IT & Ors v Secretary of State for Transport [2005] EWCA 1124 (CA) – review of consistency with Article 1 of First Protocol/ Art 6 of ECHR of burden of proof in road transport licensing system
  • Jackson & Ors v Attorney General [2005] UKHL 56 - challenge in House of Lords to the validity of the Parliament Act 1949 Burke v GMC (Domestic citation [2005] EWCA Civ 1003) – Appeal to ECHR on right to life
  • SA v HM Chief Inspector of Schools in England [2004] 0342.EY SUS – Care standards Tribunal. Appeal against suspension of registration
  • 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 Mental Health Review Tribunal, breaches of Art 5 ECHR
  • Walkes v HM Chief Inspector of Schools in England [2003] 0212.EY.SUS. Care standards Tribunal appeal against suspension of registration
  • LM v Oftsed [2003] 81 EY SUS Care standards tribunal, appeal against suspension of registration
  • Persey & Ors v SS for the Environment [2002] EWHC – judicial review challenge to government decision not to hold public inquiry into foot and mouth outbreak 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

 

For further information relating to our Public Law team, please contact Stephen Somerville, Team Leader on 020 7353 6381.

 

What the directories say

Legal 500 2007
Outer Temple Chambers has been involved in an unusually wide range of inquiry work, from transport and regulatory to government and medical inquiries. Clearly one of the top silks, Richard Lissack QC ‘is the man you'd turn to for an inquiry'. He boasts an impressive track record - well respected by his peers. Peter Skelton is also recommended. A number of members of chambers also acted on the Rosemary Nelson Inquiry.