Judicial Review: Shaping New Law into Solution-Focused Advice for Clients

Wed 5 April 2017

The Caledonian Club 9 Halkin St London SW1X 7DR

Answers to 10 Thorny Judicial Review Questions: Directly from 7 QCs and 1 Venerated Solicitor

5hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    Judicial Review: Shaping new law into solution-focused advice for clients

    Answered by: Richard Gordon QC of Brick Court Chambers

    Richard appeared as Leading Counsel for Wales in the high- profile Miller (Brexit) case and advised the Electoral Commission on the Brexit referendum. He Co-authored "Brexit: The Immediate Legal Consequences".

  3. ​Proportionality

    Drawing on the British American Tobacco case, what are the practical and real differences in how you read proportionality - in EU, HRA and common law contexts?

    Answered by: James Goudie QC of 11 KBW

    James is author of Supperstone, Goudie and Walker on Judicial Review. He is "the fount of all knowledge for Judicial Review". He is a Deputy High Court Judge and brings "gravitas and strategic insight to his cases".

  4. ​Damages and restitution

    When precisely is it possible or appropriate to attach claims for damages or restitution onto public law JR cases?

    Answered by: Richard Clayton QC of 7 Bedford Row

    Richard is co-author of "The Law of Human Rights" (cited in Supreme Court over 40 times) and "Judicial Review Procedure". His "command of the law is quite simply exceptional". He is a Deputy High Court Judge.

  5. ​Morning coffee

  6. Disclosure

    Tactically, what is the best way of securing a helpful response to early FOIA/EIR requests before the JR is pleaded?

    How do you work around the standard response, i.e. "this issue does not arise in your case"?

    Answered by: Adam Chapman, Head of Public Law, Kingsley Napley

    Adam acted in Gentle (Iraq invasion), Binyam Mohammed (Guantanamo Bay), Purdy (assisted suicide), Wheeler (Treaty of Lisbon). "He knows just how to litigate against the government".

  7. ​Links with industry

    How is the court approaching and reacting to the "perceived" links with industry of interest groups bringing challenges?

    Answered by: Jenni Richards QC of 39 Essex Street

    Jenni is a "star of the bar". She acted in the Hepatitis C Trust litigation, NHS’s powers to commission PrEP (an HIV treatment) and in the junior doctor's challenge to Jeremy Hunt’s decision to introduce a new contract.

  8. Over-run

  9. Lunch

  10. Brexit cases

    What are the Brexit cases telling about the roles of Government and Parliament and the operation of Royal Prerogative powers?

    Answered by: Jessica Simor QC of Matrix Chambers

    Jessica acted in the "Brexit/Article 50" litigation. She is recognised as one of the country’s leading Judicial Review specialists. Her knowledge and skill is “brilliant and unparalleled”.

  11. ​Candour and JR

    What is the interplay between candour and JR?

    Is a failure to give adequate reasons (lack of candour) a freestanding ground for JR?

    Answered by: Sarah Hannett of Matrix Chambers

    Sarah advised in the leading Supreme Court appeal on the student support regulations. "She is brilliant and a delight to deal with". She represents more than 75 public authorities.

  12. ​Intensity of review

    To what extent is deference to the views of the regulatory authorities a problem when bringing a JR?

    How is the Court to deal with matters such as science and law and the level and intensity of review?

    Answered by: Kassie Smith QC of Monckton Chambers

    Kassie defended DEFRA in the EU emission limits Judicial Review. "She knows everything there is to know about judicial review and is destined to become one of the most sought-after QCs".

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500