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

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".

​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".

​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.

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".

​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.

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”.

​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.

​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".