Public Law, Judicial Review and Statutory Appeals

We review board papers and resolutions, and produce checklists so that decision-makers can demonstrate that they have taken account of all relevant considerations and legal duties. Once decisions have been made, we will help you to draft decision letters in order to comply with the public law requirement to give reasons.

We regularly represent regulators in the Administrative Court and Court of Appeal and have a strong track record of successfully defending judicial review claims and statutory appeals. Many of the judicial reviews that we defend are dismissed at the permission stage which avoids the costs and time commitment needed for a full hearing. By providing swift and rigorous analysis and, where appropriate, a robust response to public law challenges we will best protect both:

• The delivery of your public protection obligations, by ensuring that your decisions are upheld when subject to judicial scrutiny; and
• The protection of your position as a strong and sustainable regulator, by ensuring the consistent presentation of your position to courts and other stakeholders, and the cost-effective delivery of responses to challenge.

Capsticks is familiar with the legal framework which regulators operate under and can advise on the exercise of your regulatory functions; the extent of your statutory powers and the application of legal duties including the Public Sector Equality Duty. We regularly provide assurance to regulators that they are not acting ultra vires and that their decisions are consistent with public law principles.