Commercial and regulated industries are faced with an increasingly complex landscape of regulatory and governmental decision making, resulting in more contentious and non-contentious issues which require professional advice.

Our market leading Public Law and Regulatory practice has unrivalled market-leading insight and experience in advising clients on the full range of contentious and non-contentious administrative and public law and regulatory issues. We bring a commercial and strategic approach, protecting our clients' positions in anticipated regulatory and Governmental decision-making, and in proceedings and investigations.

We regularly assist our clients with:

We are highly experienced in all forms of disputes involving challenges to public body decision making, including judicial review, human rights challenges, statutory appeals, disciplinary proceedings and regulatory processes. These forms of litigation require a thorough understanding of the substantive principles and procedural rules. We act frequently on cases at all levels of the court system (including in the Supreme Court) and have an established reputation for representing all parties – whether claimant, defendant, interested party, or intervening third party – giving us a unique holistic perspective.

We represent those both bringing and defending litigation arising from public procurement processes. These disputes are often high value, fast-paced and technical, meaning that our broad experience and specialist knowledge are very valuable in this context.

We help clients with the legal aspects of consultation responses and wider strategies for engagement with Government / regulators, using our knowledge of public law principles to gain effective traction. Acting for both private clients and public bodies, we bring a range of perspectives which helps clients to obtain an optimal outcome while preserving key ongoing relationships with Government and regulators. Our disputes experience helps us to ensure that clients 'put their best foot forward' in advance of any litigation.

We are trusted advisers to those involved in public inquiries, under regulatory investigation, and appearing before Parliamentary select committees. We give fast, practical guidance and are adept at managing the procedural, substantive, and strategic considerations which arise, including the increasingly important reputational aspects.

We advise clients on the provision of information to, and how best to obtain information from, public authorities who are subject to the Freedom of Information Act (and similar environmental legislation).

External Recognition

Herbert Smith Freehills Kramer’s Administrative and Public Law practice is consistently ranked in Band 1 of the Legal 500 and Chambers UK legal directories.

Chambers UK Legal Guide 2023:

“The depth of advice provided by the team is unparalleled.”

“[Herbert Smith Freehills Kramer] understand the commercial imperatives, stay well on top of the detail and are able to respond within set timescales.”

“They are one of the best firms in commercial judicial reviews.”

Legal 500 Rankings 2023:

“Excellent tactical awareness and a thorough knowledge of public law issues.”

‘Exceptionally thorough.”

“One of the few truly excellent public law teams in the city with depth at both partner and associate level.”

Examples of Recent Work

  • High Speed 2 – Acting for High Speed Two (HS2) Limited in successfully defending a procurement claim relating to its decision to acquire 54 high speed trains for operation on the UK's new high speed railway, the flagship transport infrastructure project in the UK. 
  • British Sugar – Acting for British Sugar in a judicial review challenge in relation to subsidy law concerning a tariff scheme, raising issues in relation to the interpretation of the Northern Ireland Protocol to the UK/EU Withdrawal Agreement, the extent to which EU State aid law continues to apply in the UK post-Brexit, and the interpretation of the subsidy control provisions in the UK/EU Trade and Cooperation Agreement.
  • AQUIND – Acting for AQUIND in successful judicial review proceedings relating to the AQUIND Interconnector, a project of national significance, resulting in the quashing of the decision of the Secretary of State to refuse development consent for the AQUIND Interconnector.
  • Church Commissioners for England – Acting for Church Commissioners for England in the Privy Council successfully defending an appeal relating to human rights law and the public sector equality duty, the first appeal against a draft pastoral scheme to have been granted leave in more than 20 years.
  • EDF Energy and its subsidiary NNB – Successfully defending as interested parties various judicial review proceedings related to the Hinkley Point C and Sizewell C projects over many years. This has included challenges relating to development consent orders, access to land for the purpose of a site investigation and a nuclear site licence.
  • Various Charities and NGOs including the AIRE Centre, Child Poverty Action Group and Public Law Project – Acting pro bono for charities/NGOs in numerous interventions in cases involving issues of significant public interest, often in the Court of Appeal or Supreme Court, including most recently acting for the Public Law Project in its intervention in the successful challenge to the UK Government's use of a statutory power to make secondary legislation that restricted the right to public protest.
  • Public inquiries – Acting for participants in respect of various public inquiries and Australian Royal Commissions, including most recently acting for various parties in relation to the UK Covid-19 Inquiry.
  • The Rt Hon Sir John Major KG CH – Advising the former Prime Minister in his intervention in a judicial review before the Supreme Court concerning the prorogation of Parliament.
  • Stagecoach – Acting for Stagecoach on public procurement litigation and judicial reviews concerning the East Midlands and South Eastern rail franchises.
  • Virgin Atlantic – Acting for Virgin Atlantic Airways in connection with the Civil Aviation Authority's H7 price control review in relation to Heathrow Airport Limited's airport charges, including assistance with the consultation process and advising on a statutory appeal (alongside other airlines) to the CMA against aspects of the price control review.