Bindmans has been at the forefront of public law for more than 30 years, acting for individuals and organisations. We remain at the cutting edge of developments in public and human rights law. We have unmatched expertise, not just in the law as it is now, but also in how it is likely to develop. We can put legislation in context and will work in partnership to ensure our public and regulatory clients are well placed to meet the challenge of future changes in a way which enables them to meet their responsibilities.
We can provide a cost-effective package of legal services, tailored to your needs. We have an established track record of acting for individual claimants seeking to assert their rights against public authorities. In addition, we are experienced at working collaboratively with in house legal departments, and can provide specialist training to campaigners, and legal and other staff. We can offer fixed fees and other innovative funding methods to ensure you get the expert legal help you need at a cost that suits your budget.
As well as individuals, our clients include NGOs, local government, professional regulatory bodies, housing associations, universities and charities. Because we also act for individual claimants, we can anticipate likely areas of challenge and identify weak spots from the point of view of those who are subject to, or the beneficiaries of, public powers.
Our services
- Public law/judicial review
- Corporate governance and constitutional issues
- Human rights compliance, both procedural and substantive
- White collar crime
- Regulatory investigations
- Local Government
- Employment
- Reorganisation of public authorities and statutory transfers of contracts, rights, liabilities and staff
- Housing
- Intellectual Property
- Data Protection and Freedom of Information
- Regulatory and disciplinary proceedings, including criminal enforcement proceedings
- Health sector law
- Registration of care homes
- Parliamentary matters, elections and electoral law
- Powers and duties of ombudsmen
- Inquiries.
Judical review
Judicial review is the process by which the Administrative Court (a part of the High Court) scrutinises the legality of acts or decisions of certain bodies, inferior courts and tribunals. Only public bodies are susceptible to judicial review, so those exercising purely domestic or contractual functions (such as private employers) are excluded from its scope.
Judicial review is “supervisory” and not an appeal. It is concerned with decision-making processes, and specifically:
- Legality (has the body understood its powers and acted within them?);
- Procedure (has the body acted fairly?); and
- Rationality (has the body reached a rational decision based on the evidence before it?).
The Administrative Court also hears most of the cases claiming that courts or public authorities have breached the rights protected by the Human Rights Act 1998.
The court will not generally substitute its own decision for that of the public body under review. However, it can (amongst other things) quash the decision, require the public body to perform a specific act or duty, or prohibit the public body from doing something unlawful.
In the absence of a written constitution or a constitutional court in the UK, judicial review is of huge importance. It provides the forum for the debate and determination of society’s great constitutional and, increasingly, great moral questions.
Bindmans is renowned for its unrivalled expertise in this dynamic and ever-developing area of law and for using its wealth of experience to defend and promote its clients’ rights and interests.
Its lawyers have acted in high-profile ground-breaking cases which have had a significant impact on the legal and wider social landscape, both nationally and internationally. However, they are equally dedicated to cases which do not make the headlines and are committed to providing an excellent service to each and every client, securing the best possible result.
