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.

Members of the team give seminars, lectures and training in all areas of work as well as contributing to legal and other publications. We organise a series of CPD-accredited practitioner seminars in our training room, details of which are available in the Seminars and Events section. To view articles published by the team and training material from previous seminars please see below.

Promises, Promises? The Scope of Legitimate Expectation in Judicial Review - Tuesday 11th October 2011
Chair: Nicholas Bowen QC,
Speakers: Judith Farbey QC & Ben Silverstone

Candour, Disclosure and Cross-Examination digging for truth in Judicial Review - Thursday 14th July 2011
Chair: Judith Farbey QC
Speakers: Stephen Cragg & Mark Henderson

Challenging the Budget Cuts - Wednesday 1st June 2011
Chair: Gavin Millar QC
Speakers: Martin Westgate & Robert Latham

An Introduction to Judicial Review - Thursday 5th May 2011
Chair: Martin Westgate QC
Speakers: Jamie Burton & Azeem Suterwalla

Challenging Detention: The impact of the Supreme Court's judgment in WL & KM - Tuesday 3rd May 2011
Chair: Phillippa Kauffmann QC
Speakers: Heather Williams QC & Laura Dubinsky

Time for a substitution? New Law Journal - January 2011
Obudsmen: a substitute for litigation? Judith Farbey reports.

'Recent Developments in Public Law - Part 1' - Legal Action - November 2010
Martin Westgate QC & Kate Markus

'Recent Developments in Public Law - Part 2' - Legal Action - June 2010
Martin Westgate QC & Kate Markus

'Recent Developments in Public Law - Part 1' - Legal Action - May 2010
Martin Westgate QC & Kate Markus

'Recent Developments in Public Law - Part 1' - Legal Action - November 2009
Martin Westgate QC & Kate Markus

'Recent Developments in Public Law' - Legal Action - May 2009
Martin Westgate QC & Kate Markus

Team Members

Seminars & CPD

 

• Introduction to JR - Manchester

  Thursday 29 March 2012 from 17:30 to 19:00

  Chair: Alex Durance , Doughty Street Chambers Speakers: Alex Gask & Steve Broach , Doughty Street Chambers Venue: Doughty Street Chambers, Pall Mall Court, 61-67 King Street, Manchester M2 …

  
  

• Getting your tackle in Order - Good Practice in the Administrative Court

  Tuesday 3 July 2012 from 18:30 to 20:00

  Speakers: Martin Westgate QC & Stephen Reeder , Doughty Street Chambers Venue: 53-54 Doughty Street, London, WC1N 2LS CPD: 1.5 Points Cost: Free To reserve your place on this …

  
  

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.

What the Directories say

Chambers & Partners, 2010

This leading civil liberties set has formidable expertise in public law, and clients really appreciate the collaborative, ideas-sharing approach running through the chambers. Public law heavweight Edward Fitzgerald QC is constantly active in the House of Lords, Court of Appeal and ECHR, and frequently acts in death penalty appeal cases. He is one of the bigger names at a set that is known for the dedication and commitment of its members. Embodying this ethos, Kate Markus has a strong public law practice and is praised for her responsiveness and confident style. Her recent cases including a challenge to the appropriateness of modifying a control order. Civil liberties star Phillippa Kaufmann represented a group of solicitors firms in a challenge to the changes to the miscarriage of justice compensation schemes announced in April of 2006. She is "an excellent advocate with a stellar reputation". Martin Westgate is known for his "diligent attitude and technical prowess", while Paul Bowen is a "skilled advocate who turns things around very quickly". Hugely committed, he is "one of those who is definitely in the law for all the right reasons," sources report. The same could be said of Stephen Cragg who acted in Marper v UK, the case where the ECHR overruled the House of Lords decision that the UK policy of retention of DNA of innocent people was lawful. He is "a forceful yet personable advocate." Henrietta Hill's public law practice centres on claims against the police, inquests and employment/discrimination law. Clients praise her "tireless efforts" on their behalf, and applaud her for "dogged determination." Ian Wise is another client favourite with specialist expertise in areas such as community care, children's law and drug challenges. Immigration, asylum and social welfare are key elements of Simon Cox's public law practice, while rising star Caoilfhionn Gallagher focuses on judicial reviews relating to prison and community care.

Chambers & Partners, 2009

This "creative, professionally run set" is renowned for its "independence of thought and ability to challenge convention." A leader in the civil liberties area, the set acts for claimants in a wide range of disciplines, and offers "bright and user-friendly" barristers who "always fight their corner and display real empathy with their clients." Doughty Street barristers are known for always closely following trends in the law and for their "incredibly flexible and open minds." The set's many supporters are drawn to its "perpetually up-to-the-minute, practical and highly relevant advice," and has support staff who are "very prompt and friendly to deal with." Ed Fitzgerald QC particularly stands out as "one of the most creative lawyers at the Bar." Not only is his knowledge of the law "bottomless," but he is "an extremely tenacious advocate who is unfazed by his opponents." He has a worldwide reputation when it comes to death penalty matters and displays expertise in all areas of public law involving the criminal process, especially extradition cases. Andrew Nicol QC is highly rated for his "thoughtful, understated manner and vast experience." Clients appreciate his ability to listen carefully and prepare, noting: "He does tons of preparation at the start of a case." He is also someone who "has the ear and confidence of the court." Patrick O'Connor QC is a respected silk who "gets to the kernel of matters quickly," while" Phillippa Kaufmann is "a brilliant junior who produces fantastic written material and works incredibly hard with clients." She specialises in prisoners' rights and civil liberties, and maintains an "exceptional standard of oral advocacy." Rivals note her "tenacity and ability to deal with difficult judges," whilst clients say that "she's a pleasure to work with as she is very efficient and able to focus on the key issues." Instructing solicitors are adamant that Paul Bowenis an ideal choice in difficult disputes because of his "clinical ruthlessness and attention to detail; you know he'll see the wood from the trees." "A gritty advocate who vigorously fights his client's corner," he is "great before the Bench." Similarly committed, the "very personable and clever" Stephen Cragg is "a robust advocate who stands his ground." Solicitors admire him for his "ability to deal with large amounts of paperwork and home in on the kernel of the matter." Henrietta Hill is a hit with clients, who assert that "she's incredibly diligent and pulls out all the stops for us." She specialises in claims against the police, inquests and employment/discrimination law. Currently she is instructed to represent the family of Jean Charles de Menezes, who was shot by Metropolitan Police officers at Stockwell Tube station in July 2005. Another well-respected junior is Kate Markus, who "definitely knows her stuff and takes no prisoners." Despite her confidence, "she doesn't talk down to you and is a total pleasure to deal with," clients agree. Her other pleasing characteristics are that she is easily contactable and good on her feet. Martin Westgate is "a serious lawyer with a massive brain," whose busy practice covers the full spectrum of administrative and public law matters. "He's a diligent performer unfazed by difficult challenges, who gets to the heart of a case quickly and effectively." Clients prize Ian Wise for "listening and telling us how it is rather than just spouting what we want to hear." "Extremely approachable," he is "a rare example of a leader in his field who has kept his feet so firmly on the ground." A new entry to the tables this year, Simon Cox is "unbelievably bright, hard-working and helpful." Recommended for issues concerning immigration, asylum support and actions against social services, he brings to the table "first-rate ideas and an infectious enthusiasm." Up-and-comer Caoilfhionn Gallagher is "focused and deeply knowledgeable about human rights," agree sources. "A tough negotiator," she is a public law generalist, but has recently been picking up a number of complex cases relating to vulnerable children.

Legal 500, 2008

' I do not think any other chambers come anywhere near' said one of Doughty Street Chambers of its reputation, where the lawyers ' have a passion for the work', as evidenced by the set's having conducted five full appeals before the Lords, with a written intervention in a sixth, through the form of Keir Starmer QC. Starmer's departure to become Director of Public Prosecutions and Head of the CPS from November 2008 will undoubtedly be a loss to the set, although Edward Fitzgerald CBE QC remains an authoritative figure; he ' runs good points, is persistent, and succeeds'. Phillippa Kaufmann ' argues her cases extremely well'. Stephen Cragg has ' legal acumen and procedural knowledge', and is ' confident against silks', while Robert Latham earned plaudits acting on housing law case, Malcolm v Lewisham. Kate Markus is ' a barrister of choice'. Ian Wise is ' a straight player, across a range of cases'.