Public Law

All of us are affected by decisions of central and local government and other public bodies.  For the most part the public sector works well but from time to time decisions are made which are plainly unreasonable, or which use an unfair procedure, or which are outside the powers of the decision-maker. The process known as judicial review allows individuals, businesses, and other groups to challenge the lawfulness of such decisions made by Ministers, Government Departments, local authorities and other public bodies. The Human Rights Act 1998 created an additional ground, making it unlawful for public bodies to act in a way incompatible with Convention rights.

Kingsley Napley is one of a very small number of firms that has a dedicated Public Law team, experienced in advising on the lawfulness of decisions made by the public sector and in challenging such decisions in the courts where appropriate.  The team has extensive experience of public law issues and includes two former senior government lawyers who spent much of their careers acting for central government when it faced public law challenges.

We have been involved in several high profile proceedings in recent months which have drawn on our experience.  We are currently acting for the Law Society in a judicial review challenge to the Ministry of Justice over its decision to limit costs recoverable by acquitted defendants in criminal cases to legal aid rates.  Further recent highlights include representing witnesses at the Baha Mousa Inquiry; acting for witnesses and suspects in the anti-corruption probe in the Turks and Caicos islands; and an inquest relating to the use of the acne drug Roaccutane. In addition, our response to the Home Office's consultation paper 'Keeping the Right People on the DNA database' was widely published.

 

Contact: Adam Chapman or Stephen Parkinson