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Answers to 9 Thorny Questions: Directly from 8 QCs and Senior Juniors of Outstanding Ability
Registration and coffee
Judicial Review: Shaping new law into solution-focused answers for your clients
Chaired by: John McKendrick QC
John is "a brilliant and persuasive advocate - coming up with creative ways to overcome the most difficult issues in his cases.” He served as the Attorney General of Anguilla for two years.
How are judges weighing "conspicuous unfairness" as a factor since Gallaher?
Important new innovation or damp squib?
Answered by: James Maurici QC
James is "one of the top JR silks at the Bar - bringing a really clear insight into how cases are won and lost." He is defending five JRs over the proposed new runway at Heathrow Airport.
Duty to consult
How far can you push the boundaries of a public body's duty to consult (adequately), supported by case law and practical examples?
Answered by: Sarah Hannett
Sarah is "a pre-eminent JR lawyer, known for her ability to find solutions." She is instructed in the Third Direction case, the lawfulness of the participation of MI5 agents in criminal activity.
Duty of Candour
Drawing on recent and live cases, when is the duty of candour triggered?
How extensive is it?
How is it interacting with Data Protection laws?
Answered by: Tim Buley QC
Tim acted in the JR over whether the benefit cap discriminates against women, single parents and their children. "Simply put: he is a brilliant advocate. As good as it gets."
What - right now - counts and makes a difference when arguing ‘Wednesbury unreasonableness’ and proportionality in JR challenges?
Answered by: Gerry Facenna QC
Gerry is "a brilliant tactician; extremely persuasive; he cuts to the heart of the matter." He acted in the CJEU case on the UK’s Article 50 Notice and is shortlisted for "Public Law Silk of the Year."
Reasons and fairness
Is there a shift in the wind over the general common law duty to give full and comprehensible reasons linked to fairness?
Answered by: Fenella Morris QC
Fenella is "an intellectual powerhouse - encapsulating incredibly complex issues in beautifully put arguments." She acted in the JR over the extension of Wasps Rugby Club's stadium lease.
What is realistic and achievable when seeking disclosure in cases concerning public interest immunity and closed material proceedings?
Answered by: Hugo Keith QC
Hugo acted for the Home Secretary in the JR over the “Jihadi Beatle” and the Electoral Commission over Leave.EU. "He is a phenomenal lawyer and a pleasure to work with."
Facts are facts
Not all facts are created equally - so when is a fact “jurisdictional” and why does it matter?
Answered by: James McClelland
James is acting for Uber in its challenge to TfL’s refusal to renew its operating licence within London. "He inspires real confidence", and is named as the UK public law lawyer of the year.
Close of conference
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500