Judicial review and statutory challenges

Regulators, officials or other public bodies want to make decisions that are fair and lawful and can withstand challenge. Challenges to the legality of decision-making by public bodies are frequently defining moments in an organisation's life. A successful challenge may lead to complex systems and processes that work well having to be redesigned to comply with the letter of the law, and substantial costs being incurred in time and fees in defending legal proceedings.

For any corporation bringing a challenge, it is likely to be a 'bet the company' moment. To take on your regulator or the machinery of government is a major step. Failure to persuade the court of the benefit of a particular interpretation of statute or guidance can mean the end of a hoped for business opportunity in which substantial development costs have been invested. Success can clarify the law and process, allowing an already profitable business to boom.

Our service

For regulatory bodies and government departments, we advise on statutory interpretation, how to make decisions that are fair, lawful and procedurally correct. Where challenge is unavoidable, we defend judicial review and statutory appeals in a variety of forums including tribunals, the Administrative Court and above. More importantly, we can help you devise strategies to avoid legal challenge and, where it is unavoidable, how to make decisions that are robust and will withstand scrutiny by the courts.

For private sector organisations, we utilise the wealth of our experience in acting for the public sector to help frame arguments that are likely to achieve the right outcome without the need for formal challenge at all. Where proceedings do need to be lodged, we have the expertise to guide you through the complex process that ensues and make sure they deploy arguments in the way best calculated to achieve a successful result. Our team works closely with specialists from other teams who can advise on dispute resolution, employment, equality and diversity, data protection and security, freedom of information, as well as pensions, real estate law and other legal areas.

Our experience

We are consistently ranked in the first tier in the leading legal directories for administrative and public law, which reflect our highly regarded reputation for bringing and defending judicial review. We have particular expertise in working with businesses in the chemicals and other highly regulated sectors. We aim to work collaboratively with your in-house legal teams and our services include:

• advice to decision makers on how to avoid legal challenge
• advice to private sector organisations on challenging decision makers effectively
• bringing and defending judicial review cases and statutory appeals
• advising on statutory interpretation, fairness, and human rights
• advice on powers and duties
• acting as advocates in public sector litigation