Public law notes
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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 strategic advice.
Our market-leading public law and regulatory practice has unrivalled capabilities 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:
- Judicial review and statutory appeals: 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 specialised 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.
- Procurement disputes: 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 in-depth knowledge are very valuable in this context.
- Proposed legislative, regulatory and policy changes: 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.
- Inquiries, investigations and Parliamentary select committees: 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.
- Freedom of Information: 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).
Experience
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
Australian Securities Exchange
Defending various proceedings brought by companies suspended from the Exchange
Berkeley
Advising on proceedings initiated against an authorisation granted to a mining project in Spain
BUPA
Acting for BUPA in Australian judicial review proceedings against the Aged Care Quality and Safety Commission
Awards and recognition
Our market-leading team sits within [Herbert Smith Freehills Kramer's] Band 1 disputes division. The public law team is ranked in Band 1 of both Chambers and the Legal 500 legal directories in the UK. We are unrivalled for our experience and expertise across all contentious and non-contentious aspects of administrative and public law over an extremely wide variety of sectors. We were the only commercial firm in The Times Top 3 Public Law solicitors' firms in the UK.
The Legal 500 UK, 2022
"The [HSF Kramer] team stands out for its exceptional experience and knowledge of public law litigation, particularly with a commercial aspect. The team have a real, practical, understanding of their client’s businesses and commercial needs, and how to use public law litigation to serve those needs."
Chambers and Partners UK, 2020
"Leading experts in administrative and public law litigation. Adept at representing both applicants and defendants in complex judicial reviews and regulatory challenges. Counsels major clients in the financial services, energy and transportation sectors. Increasingly instructed on behalf of core participants in sensitive public inquiries. Continued involvement advising on a wide range of public law issues arising from Brexit."
Law Works Awards 2019
Andrew Lidbetter was the winner of the Law Works award in December 2019 for best contribution by an individual for his public law pro bono work.
[HSF Kramer] Madrid’s public law team is ranked in Best Lawyers, Chambers Europe and Legal 500. ““We get responses that are really focused and directed to resolving the specific problem at hand," say clients. In addition, the department is often praised by clients for its "strong technical knowledge and orientation to the client's needs." Clients value Iria Calviño’s "personal involvement in the matters”.”
Iria Calviño enters the rankings "after impressing clients with her handling of public law mandates and her knowledge of the energy, mining and environment sectors". In addition, Iria is included in the Iberian Lawyer’s "Inspira Law Top 50 Women List", which recognises the most talented women lawyers in the Spanish and Portuguese legal sector.
Related insights
Key contacts
Graeme Johnson
Consultant, Sydney
Andrew Lidbetter
Consultant, London
Nusrat Zar
Partner, London
Jonathan Ripley-Evans
Partner, Johannesburg
Dr Marius Boewe
Partner, Germany
Iria Calviño
Partner, Madrid
James Wood
Partner, London