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Public & Administrative Law

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Doughty Street Chambers has a large team of specialist practitioners at all levels of seniority and covering all aspects of public and administrative law. Members of the team appear predominantly on behalf of claimants but we also act for local authorities, central government departments and regulatory authorities.

Doughty Street has been recognised for many years as one of the leading civil liberties and human rights law chambers. The team is recognised by both the Chambers & Partners and the Legal 500 as a leader in the field. Members have been influential in writing and lecturing on the implications for public law of the Human Rights Act 1998 and we are committed to providing solicitors with training and advice on the effects of the Act. Our expertise in the law of the European Convention on Human Rights gives the team a significant advantage in pursuing those areas of administrative law and practice where the impact of incorporation is the greatest. We are also at the forefront of developing an understanding as to how the European Charter of Fundamental Rights can assist our clients.

We work with many law and advice centres as well as legal aid practices in the full range of social welfare law cases. Our multi-disciplinary approach enables us to work with solicitors to find innovative solutions to problems. The team is also part of the scheme for direct referral from advice agencies. Members are regularly instructed in high profile and landmark cases in the public law field. Members of the team have written, broadcast and lectured extensively on a wide range of public law subjects both in the UK and abroad. The team includes the authors of the leading textbooks on both media and prison law. Several members have either written or contributed chapters to textbooks on the Human Rights Act 1998 and the editor of the European Human Rights Law Review is also a member of the team.

To keep abreast of this rapidly expanding field, we have a dedicated public law library and subscribe to all major periodicals in administrative and European human rights law. Our extensive collection of European texts and caselaw is essential for the research and presentation of public law cases. We have access to computerised research facilities and the technical support of an experienced librarian and IT manager.

Our clerks have a detailed understanding of the working of the Administrative Court and a close working relationship with its staff. We are aware that public law work often requires urgent attention and have substantial experience of arranging applications at very short notice where necessary.

Team Members

 

Seminars & CPD

 

  • Judicial Review North: Trends and Forecasts

    Wednesday 25 June 2008 from 09:45 to 16:00

    Review of the year's Top 10 Judicial Review cases Trends & Forecasts in Judicial Review Damages and Just Satisfaction Interventions and the EHRC Workshop discussions led by experienced …


Cases

Recent cases include:

Ex p Doody

Ex p Venables & Thompson

Ex p Pierson

Ex p Hindley and ex parte Flood - prison law.

Newham LBC v Adan and R(J) v Enfield LBC - Housing.

R v The BBC ex p The Referendum Party and R v Rowe ex p Mainwaring - Election law.

R (Wilkinson) v Broadmoor RMO

R (Munjaz) v Mersey Care NHS Trust - Mental health

R v DTI ex p Greenpeace - Environment

R(G) v Barnet, R(Howard League)-v-SoS - Duties under the Children Act.

Amin v SoS

Middleton v SoS - Coroners

Turgut-v-SoS, Saleem v SoS - Immigration and asylum.

Last updated November 2005.

Recent cases include:

Ex p Doody

Ex p Venables & Thompson

Ex p Pierson

Ex p Hindley and ex parte Flood - prison law.

Newham LBC v Adan and R(J) v Enfield LBC - Housing.

R v The BBC ex p The Referendum Party and R v Rowe ex p Mainwaring - Election law.

R (Wilkinson) v Broadmoor RMO

R (Munjaz) v Mersey Care NHS Trust - Mental health

R v DTI ex p Greenpeace - Environment

R(G) v Barnet, R(Howard League)-v-SoS - Duties under the Children Act.

Amin v SoS

Middleton v SoS - Coroners

Turgut-v-SoS, Saleem v SoS - Immigration and asylum.

Last updated November 2005.


What the Directories say

Chambers & Partners, 2008

This "reliable and approachable" set has made a name for itself in claimant work, where it boasts "some of the best, most responsive barristers in the field." Its large public law team straddles a variety of disciplines, including human rights, criminal and EU law. The "legendary" Ed Fitzgerald QC is widely admired as "a fantastic and driven advocate with an amazing brain." His "tremendous" reputation in the human rights area has earned him the description: "One of the boldest and bravest lawyers of the last decade." He has a worldwide reputation on death penalty matters and has particular expertise in all areas of public law involving the criminal process, especially extradition cases. Keir Starmer QC is dubbed "one of the most dynamic lawyers around in terms of the quality of the work and the way he approaches it." Clients admire his "tremendous energy and conscientiousness," highlighting his strength in written pleadings. He has had a busy year appearing in control order cases such as Secretary of State v MB and Secretary of State v GG and others. Andrew Nicol QC continues to impress as a "quick-minded and imaginative advocate who sees the points in a case." Clients describe him as "a pleasure to work with because he's so meticulous and sensible." His diverse practice focuses on human rights work, immigration law and media matters. Patrick O'Connor QC is tagged "a formidable advocate" by peers. He has represented the family of Zahid Mubarek, first winning a landmark 2003 House of Lords order for a public inquiry, under Article 2 of the ECHR, and then representing the family at the subsequent public inquiry. "Phillippa Kaufmann's star shines very brightly," agree commentators. She excels in the prisoners' rights and civil liberties fields, where she demonstrates "great judgement, an intelligent approach and thoughtfulness." She has been involved in many high-profile cases, including R (Munjaz) v Mersey Care NHS Trust. According to market sources, "with every year that passes, Paul Bowen gets better and better." This "helpful and clear" junior wins plaudits for his attention to detail and hard work. "He has a real passion for protecting people's rights and takes a truly innovative approach to challenging the law." He is especially recommended for mental health and inquest cases. Former solicitor Stephen Cragg is "incredibly switched on and responsive," say clients. He has a wide knowledge of public law in social welfare and community care matters and appears regularly before the High Court. Instructing solicitors agree, "he's approachable, user-friendly and always takes a team approach to cases." Kate Markus is a "helpful and practical" public law specialist whose principle focus is on social welfare and healthcare-related matters. "She knows her way around the law and gets right to the heart of the issues," assert peers. She has appeared in a large number of cases involving housing and community care in the last twelve months. "Fair and thorough advocate" Martin Westgate is acknowledged this year for his broad range of experience in the Administrative Court. "He knows and understands any area of the law," report sources. His work covers a wide range of subject areas including employment, housing, travellers, care in the community, benefits, health service provision, prisoners' rights, education, local government and planning. "Upfront and approachable" Ian Wise is "very strong across the board." He is known for being passionately committed to his clients, who value his hard work and responsiveness. Sources note his straightforward manner in court, saying: "There's no great oratory involved, he just makes you believe what he has to say." He has particular expertise in community care and children's law and has been involved in many judicial review applications concerning children in prison. Up-and-comer Henrietta Hill is fast developing a reputation for inquest work, an area in which "she sure knows her onions," report peers. She appeared in the judicial review regarding the failure to prosecute individual police officers for offences arising out of the shooting of Jean Charles de Menezes.

Chambers & Partners Guide to the Legal Profession, 2007

In-keeping with the set's human rights roots, Doughty Street fields a committed public law group which has a name for applicant representation. Rivals pinpointed Edward Fitzgerald QC in the belief that "the interesting thing about him is that five years ago he was arguing points which had no chance. Now they are the law." His reputation as "the leading authority" for prisoners' rights work also helped to place him "at the top of everyone's list". Keir Starmer QC's heavyweight experience is evidenced by his involvement in the terrorism cases while Patrick O'Connor QC is highly regarded for his inquest-related work. This has been exemplified by his continued involvement in the Mubarek Inquiry. Interviewees found him "delightful", and stated: "everyone would think he's pretty near the top". Andrew Nicol QC maintains his solid standing, while Phillippa Kaufmann displays "the most astounding grasp of the matters she specialises in". Particularly concerned with prisoners' rights, she also ranges across mental health and civil liberties where her "remarkable intellect and charm" allow her to get ahead. She was involved in the Munjaz case along with Paul Bowen who is noted for his expertise in mental health. Stephen Cragg can be relied upon for his "meticulously detailed approach", while Kate Markus retains a name as a solid public lawyer. Education, healthcare and cases relating to children were just some of the areas in which "solicitor-friendly" Ian Wise received praise. His speed makes him "an ideal barrister for an emergency case".

Legal 500, 2007

Doughty Street Chambers has its roots in claimant human rights work. The set houses a number of leading silks, including Keir Starmer QC, who has led a number of groundbreaking cases relating to such issues as terrorism and the admissibility of evidence obtained under torture. The 'authoritative' Edward Fitzgerald QC is 'a tremendous force' in cases concerning prisoners' rights, an area where the 'delightful' Philippa Kaufmann is also active. She also demonstrates 'a superb knowledge of her subject' in mental health and civil liberties cases. The 'thorough' Stephen Cragg 'leaves no stone unturned', while Robert Latham is a good choice 'for anything involving housing law, with an emphasis on research and detail'. Tracey Bloom is 'effective on her feet' and 'communicates well with clients and opponents'. Simon Cox is particularly singled out for his representation of immigrants in cases where civil liberties are at stake. The 'extremely charming' Ian Wise has a superb reputation for cases involving education, health and children issues.

Legal 500, 2006

Claimant human rights cases lie at the heart of Doughty Street Chambers' work, where Keir Starmer QC led a team which acted on behalf of a consortium of 14 human rights organisations in A & others v Secretary of State for the Home Department, where the Lords decided that evidence obtained under torture from third parties by foreign state agents is not admissible in UK courts. Edward Fitzgerald QC represents Abu Hamza in his high-profile trial for incitement to murder, and defended Maxine Carr's right to privacy following media attempts to publicise her whereabouts.



 

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