Public & regulatory

a one-stop solution for virtually all legal needs

Legal 500 2016

Ely Place’s public and regulatory team provides advice and advocacy on the full range of issues in this arena, including judicial review, health and safety, environmental law, community care, local government law, public procurement, Privy Council and international work (particularly constitutional work). We represent public bodies as well as individuals and their families.

Our public and regulatory team includes public law specialists (led by Richard Clayton QC) members of the Attorney General’s A and B panels, the former Counsel General to the National Assembly for Wales, as well as members of the Welsh Government panel. Members have expertise in civil liberties and human rights and are appointed to the Equality and Human Rights Commission’s panels.

We are ranked in the legal directories in the areas of administrative and public law, civil liberties and human rights, planning and environment law, police law, health and safety, inquests and inquiries.

We are available for urgent, out of hours applications. Details can be found on the Clerk’s page.

Areas of expertise

Judicial review – members act in challenges concerning planning, education, housing, community care,  and immigration law. Members regularly appear in the Court of Protection, before the Court of Appeal and in challenges up to the Supreme Court. Members also act in national security matters before the Special Immigration Appeals Commission.

Health and safety law – we provide advice and advocacy in both civil and criminal jurisdictions. Our members offer expertise in health and safety law and fire safety legislation in the crown courts, at inquests and in civil claims. Our recent experience includes defending multinational companies in ‘fatality’ trials and instructions relating to constructions site and large plant and machinery injuries and deaths.

Environmental law – members of the team have particular expertise in relation to the waste and water industry including its criminal provisions and have appeared in some of the leading cases in this field. They regularly deal with cases involving environmental permits, flood defences and water extraction in both the criminal and civil courts including the Court of Appeal.

Local government law – eg vires and powers, constitutional issues and governance, elections, finance, public procurement

Regulatory law – we regularly act in internal disciplinary matters, with a particular expertise in sports and police law.

International work – members of Chambers undertake work from the Caribbean (Anguilla, Belize, St Vincent, Trinidad and Tobago, Turks and Caicos) Canada, US, Channel Islands, Gibraltar, Hong Kong and Isle of Man.

Privy Council appeals, particularly in constitutional cases – recent cases include Majarah v Petrotrin (2019), (freedom of information), Sahotoo v AG of Trinidad (discrimination), A-G of Trinidad v Maharaj (2018) (judicial appointment procedure for High Court judges), Seepersad v Ayers-Ceasar (2018) (interim constitutional remedies), Central Broadcasting Services v A-G of Trinidad (2018) (damages for breach of freedom of expression), Mohammed v Public Service Commission of Trinidad (2017) (separation of powers)

Freedom of Information and Data Protection – members act for private individuals, journalists and public bodies in cases ranging from the First-tier Tribunal (General Regulatory Chamber) to the Supreme Court, Privy Council and Grand Chamber of the CJEU. Chambers’ expertise in this area complements its expertise in defamation and privacy law.

Civil Liberties / Human Rights – expertise in claims concerning provision of service and education discrimination under the Equality Act 2010 as well as damages claims under HRA. Chambers has a particular expertise in Articles 8 and 10 (consistent with its defamation, privacy, freedom of information and data protection work).

In the coroners’ courts, Chambers acts for public bodies including the prison service, hospitals and health trusts and police services, as well as families of the deceased.

Our clients

The public and regulatory law team act in matters at every level from the Supreme Court, Privy Council, Court of Appeal, High Court, Upper and First Tier Tribunals ranging from judicial review to inquests and regulatory crime. Clients include private individuals, local and central government departments, public bodies, water companies, trade unions and private providers of public services.

Members of the regulatory law team sit on the Football Association’s Judicial Panel, the Licensing Appeal Panel of UEFA, act as a Chair of police disciplinary tribunals as well as a disciplinary assessor for the Association of Chartered Certified Accountants (ACCA).

Recent notable cases

R (Alliance of Turkish Businesspeople) v Secretary of State for Home Department [2019] EWHC 603 (Admin) (substantive legitimate expectation given to Turkish businesspeople)

R v Commission of Inquiry ex p Hart (2019) (defending Commissioners in judicial review of public inquiry in Trinidad)

The Home Office v 1) TR 2) JA [2019] EWHC 49 (QB) (Home Office successfully appeals claim that 8 month child was unlawfully detained)

Kotuk v Entry Clearance Officer, Warsaw [2018] EWCA Civ 2850, [2019] 4 W.L.R. 10 (Court of Appeal: standstill clause in Ankara Agreement does not apply to settlement)

R v Williams v London Borough of Hackney [2018] 3 W.L.R. 503  (Supreme Court) (duty to accommodate under section 20(1), Children Act 1989)

Sherratt v Chief Constable of Greater Manchester [2019] P.I.Q.R. P1 (police duty of care in case of suicide)

Grenfell Tower Inquiry (instructed in this ongoing inquiry)

Alexander Monson Inquest Death in Kenyan police station in 2012 (advising in ongoing inquest)

R (British Homeopathy Association v National Health Service England [2018] P.T.S.R. 2031 (consultation challenge)

R (Page) v Darlington Borough Council [2018] EWHC 1818 (Admin) (defending local government cuts)

R (Fire Brigades Union) v South Yorkshire Fire and Rescue Authority [2018] I.R.L.R. 717 (compliance of firefighters’ shift pattern with Working Time Regulations 1998)

R (Talpada) v Secretary of State for the Home Department [2018] EWCA Civ 841 (Court of Appeal: evidential flexibility policy and legitimate expectation).

NE-A (Nigeria) v Secretary of State for the Home Department [2017] Imm. A.R. 1077 (Court of Appeal confirms role of Article 8 in deportation of foreign criminals)

Auzins v Latvia [2017] 1 W.L.R. 2981(Divisional Court: extradition appeal concerning interpretation of the Extradition Act 2003 by Magistrates’ Courts)

Magyar Helsinki Bizottság v. Hungary (2017) (Grand Chamber) (freedom of expression and freedom of information effectively overruling Supreme Court in Kennedy v Information Commission)

Gutierrez v Open University (2017) (race discrimination in provision of education concerning OU’s policy of refusing Cuban students – since revoked)

R (Watch Tower) v Charity Commission [2016] 1 W.L.R. 2625 Court of Appeal (judicial review and alternative remedy)

R (English Bridge Union) v Sports England [2016] 1 W.L.R. 957 (whether Sports England unlawfully refused to recognise bridge as a sport)

Oldcorn v Southern Water [2016] EWHC 15 TCC (flooding, duties of care and the defence in Marcic.

R (Hall) v Leicestershire County Council [2016] A.C.D. 18 (defending local government cuts)

Kennedy v Information Commission [2015] A.C. 455 (Supreme Court) (Freedom of Information, Article 10 and common law right to freedom of expression)

Meet the team

Public & regulatory news

The role of the Venice Commission

Richard Clayton QC has been the United Kingdom’s representative to the Council of Europe’s advisory body on constitutional law, the Venice Commission, since 2011.  Richard has recently published articles on the Venice Commission’s work- in “Public Law” on the Venice...

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