For most businesses, legal proceedings against state bodies – whether regulators, quangos central or local government – are to be avoided unless their fundamental interests are threatened.
But for some other organisations, the position is very different. For example, an NGO, charity or representative organisation may be looking to bring a test case to protect or improve the rights of those they speak for. For some, a litigation strategy may be a critical part of their work.
Either way, Bindmans’ specialist Public Law team can help both with navigating difficult regulatory territory and legal challenges when state decisions with serious consequences have been taken. We are also able to assist a limited range of organisations facing legal proceedings arising from decisions they have made in the public interest.
With our advice, organisations can make sure their voices are heard and properly taken into account, for example in consultation processes that precede critical decisions, or as parties in litigation, including interveners. A specialist public law solicitor can often put a public authority back on the right track when a poor decision might otherwise be made. Officials may be persuaded to change their minds through a powerfully worded letter, complaint or internal appeal. And where things go seriously wrong, an expert solicitor can act decisively to challenge a public authority and bring about real accountability using judicial review. Judicial review can lead to bad decisions being overturned and to authoritative rulings on the legality of policies, rules and procedures. Serious delays can be brought to an end. In test cases of the kind our many NGO, charity and representative clients have brought, the law itself can be progressively developed benefitting huge numbers of people in the future.
Our team is here to help. If you are seeking advice on a regulatory or public law problem, or guidance on how to avoid one ever arising, do get in touch.
Our experience includes:
- Test case litigation – our recent clients have included the Law Society, Lloyd Webber Theatres, the British Standards Institute, the Good Thinking Society and the press regulator IMPRESS all of whom we have successfully represented in test cases with huge impact on they way they and those they speak operate.
- Regulatory and standards compliance – we can assist in respect of a wide-range of regulatory issues, including day-to-day compliance, best practice in areas such as human rights and equality, engagement with regulators and regulatory enforcement. We can also advise on engagement strategies in respect of regulatory policy and law reform, including assisting clients with informal and formal consultation. Clients range from social housing and healthcare providers, to training and educational bodies, to watchdog NGOs.
- Public procurement – we have experience across a wide range of industries, including advertising, health, design, ICT and transport. We ensure that public authorities comply with their legal obligations, alternative solutions to legal challenges are sought in cases of non-compliance and, where legal action is unavoidable, such action is pursued, or defended, vigorously.
- Planning – we have acted in a series of successful judicial reviews where planning decisions have been based on serious legal errors and for a planning authority in its successful defence of an unfounded civil claim before the Judicial Committee of the Privy Council.
- Demonstrating social value – we work with charities and social enterprises to communicate the social value they can provide over and above financial value, and to challenge decisions where that social value is not properly taken into account
- Licensing advice and litigation – a licence to provide particular services can often be essential to the running of a successful business. When a licence is refused or taken away, or an unlawful policy prevents services or product being offered to the public, Bindmans will work with you to engage the licensor on the issue and bring a challenge where necessary.
- Inspections, audits and funding – public authority inspectors and auditors wield considerable power. A poor report following an inspection or a cut in funding can have a dramatic effect on organisations with contracts to deliver public services, such as legal aid solicitors, care sector charities education or training providers. Bindmans can assist in challenging those decisions where they have been made unfairly or otherwise unlawfully.
What others say
The Bindmans public law team is packed full of outstanding lawyers and is exceptionally well led by Jamie Potter and John Halford. All the team members are very adept at working to the extremely tight timescales required by public law cases. They have the right support infrastructure to progress public law litigation effectively.Legal 500 2022 – Administrative and Public Law
Bindmans’ great strengths are their depth of knowledge of public law, relationships with specialist counsel and ability to advise both individuals, organisations and companies. They are fantastic to work with and formidable opponents.Legal 500 2022 – Administrative and Public Law
They offer a really high-end service and are extremely good at what they do. They are also responsive and flexible.Chambers and Partners 2022 – Administrative and Public Law
They have done a stellar job on all matters and I wouldn’t hesitate to turn to the team on any big public law case.Chambers and Partners 2022 – Administrative and Public Law
They have a good strategic sense on complex litigation. They are particularly on the pulse in seeing how cases fit together and how to get to the end result.Chambers and Partners 2022 – Administrative and Public Law: Traditional Claimant
They have a depth of intelligence and insight that they couple with an ability to advise in a coherent and logical way.Chambers and Partners 2022 – Administrative and Public Law: Traditional Claimant
They have a very high standard across the board and they have really fantastic lawyers across the whole firm.Chambers and Partners 2022 – Administrative and Public Law: Traditional Claimant
Market leaders in public law, demonstrating prowess in the defence of judicial reviews alongside organisational claimant work to bolster its standout presence in traditional claimant cases.Chambers and Partners 2021 – Administrative and Public Law
Jamie Potter is applauded by interviewees as ‘hugely talented lawyer’. He co-heads the firm’s public law and human rights team and his expertise encompasses judicial reviews, human rights and public procurement. An interviewee notes: ‘His combination of warm interpersonal skills and exceptional knowledge of the law sets him apart from many of his peers’. Another source remarks: ‘He is greatly experienced in public law and is without a doubt among the best solicitors I have ever worked with’.Chambers and Partners 2021 – Administrative and Public Law
The team at Bindmans LLP represents claimants in strategic litigation challenging legislation and government policy, regularly reaching the Court of Appeal and Supreme Court. Clients include individuals affected by state decisions as well as NGOs. Areas of expertise include access to welfare, access to justice and access to healthcare. Also increasingly active on regulatory and commercial public law challenges.Chambers and Partners 2019 – Administrative and Public Law: Traditional Claimant
Standout performers’ John Halford and Saimo Chahal QC (Hon) , the joint heads of public law and human rights, lead an outstanding team at Bindmans LLP that is considered ‘the go-to firm in London for any public law or regulatory matter.’ It takes on clients ranging from commercial bodies to NGOs, action groups and individual claimants and interveners and offers pro bono assistance. The team is acting for the Law Society in a challenge to the cuts to legal aid remuneration for complex Crown Court cases. It is also acting for an individual in a challenge to the Prevent duty guidance, issued under the Counter-Terrorism and Security Act regarding the gathering and storage of data by the Home Office in relation to alleged extremists. The claim also challenges the Prevent duty guidance in relation to universities.Legal 500 2018 – Administrative and Public Law
We feel like we are in very safe hands. It is a very strong team. It feels like they are on our side but not ‘yes’ men or women. They are not afraid to challenge us and help us strengthen our position. A dream team.Chambers and Partners 2018 – Administrative and Public Law: Traditional Claimant
One of the main strengths is Bindmans’ unrivalled reputation in the field of public law. Instructing Bindmans was in itself a demonstration that we were serious about the subject matter of the claim.Chambers and Partners 2018 – Administrative and Public Law: Traditional Claimant
‘Head and shoulders above its competition’, Bindmans LLP is ‘outstanding’ for claimant judicial reviews. Public interest litigation and human rights expert Saimo Chahal QC (Hon) – who is ‘a fine example of what is best in the legal profession’ – co-heads the practice and recently brought a CrowdJustice-funded High Court challenge against the Secretary of State for Health (SSH), Jeremy Hunt, on behalf of Justice for Health and four directors, who alleged that the SSH did not provide clarity on whether he would impose a contract on junior doctors; the court found that no contract had been imposed upon the doctors, stating that they were free to negotiate with their employers. ‘A legend in his field’, and widely regarded as ‘the best claimant solicitor in the country’, practice co-head John Halford represented the Public Law Project in successfully challenging the former Lord Chancellor, Chris Grayling’s decision to introduce a ‘residence test’, which could have restricted access to legal aid for migrants. Jamie Potter ‘has excellent experience’ and has been retained by Palestine Solidarity Campaign to file a judicial review against the Secretary of State for Communities and Local Government (SSCLG) pertaining to amendments in Local Government Pension Schemes, which allegedly prohibit from using pensions and procurement to divest from companies involved in Israeli human rights violations.Legal 500 2017 – Administrative and Public Law
[The team] represents claimants in strategic litigation challenging legislation and government policy, regularly reaching the Court of Appeal and Supreme Court. Clients include individuals affected by state decisions as well as NGOs. Areas of expertise include access to welfare, access to justice and access to healthcare.Chambers and Partners 2017 – Administrative and Public Law: Traditional Claimant
It is partly the calibre of the people they have in their public law team and partly their commitment and attention to detail.Chambers and Partners 2017 – Administrative and Public Law: Traditional Claimant
I was impressed. They always kept me involved and updated throughout the process.Chambers and Partners 2017 – Administrative and Public Law: Traditional Claimant
Jamie Potter brings a commercial perspective to Bindmans LLP’s public law offering. He is singled out for his ‘extremely good knowledge of the field. He is extremely diligent, committed to clients, very responsible and a joy to work with’. Another client praises his ‘sound, straightforward advice, that is easy for me to understand. Also, no matter what his workload, I feel that he makes time for me. He always treats us like a priority’.Chambers and Partners 2017 – Administrative and Public Law
Bindmans LLP’s ‘outstanding claimant judicial review practice’ has been involved in some of the highest-profile challenges in this field. The team is led by the ‘extremely committed and hardworking’ John Halford and Saimo Chahal QC (Hon), who brings ‘a wealth of experience in public interest litigation and on public law and human rights issues’. Salima Budhani is acting for the National Union of Students in a judicial review challenge pertaining to the abolition of maintenance grants. The ‘very focused and committed’ Jamie Potter is also recommended.Legal 500 2016 – Administrative and Public Law
Established administrative and public law team advising claimants in cases ranging from access to justice to animal welfare. Leads the way on challenges to public policy and law, including right to die and legal aid reform. Also handles public contracting issues and public law disputes brought on the ground of equality.Chambers and Partners 2016 – Administrative and Public Law: Traditional Claimant
They are capable of being political in some of their actions and are willing to take an issue as wide as it needs to go.Chambers and Partners 2016 – Administrative and Public Law
They are tenacious in that they fight very hard on behalf of their client.Chambers and Partners 2016 – Administrative and Public Law
The firm is greatly committed to its cases and to social justice.Chambers and Partners 2016 – Administrative and Public Law
John Halford handles cases involving access to public services including legal aid and free school transport. Market sources say he ‘fights tooth and nail for his clients; he’s dedicated, creative and immensely knowledgeable’.Chambers and Partners 2016 – Administrative and Public Law: Traditional Claimant
Saimo Chahal focuses on public interest litigation, with sources noting that she is ‘highly skilled and particularly knowledgeable on challenging accepted standards of practice in medical care matters’. Clients say: ‘Nothing is too much trouble for her, and she’s very supportive through a case’.Chambers and Partners 2016 – Administrative and Public Law: Traditional Claimant
Stephen Grosz acts for claimants in a range of public law challenges including those arising from access to justice and regulatory disputes. He recently advised the EMAG on the public law issues arising from compensation arrangements which were made in line with Sir John ChadwickChambers and Partners 2016 – Administrative and Public Law: Traditional Claimant
Jamie Potter of Bindmans LLP acts on a wide range of public and administrative law cases in the commercial context. He focuses on judicial review, contentious procurement, human rights and parliamentary procedure work. Clients say: ‘He is extraordinarily knowledgeable about how to apply public law processes to business’.Chambers and Partners 2016 – Administrative and Public Law: Traditional Claimant
The ‘professional and committed’ Bindmans LLP has expanded its profile in commercial judicial review work with the recruitment of former Hogan Lovells International LLP associate Jamie Potter, who was promoted to partner in 2015. Clients comment that Potter ‘has really made his mark’. The firm continues to handle the full remit of administrative and public law advice for traditional claimants. Practice co-heads John Halford and Saimo Chahal QC (Hon) are standout practitioners […]. Anna Thwaites joined the firm from Hodge Jones & Allen LLP.Legal 500 2015 – Administrative and Public Law
Well prepared, determined and tenacious.Legal 500 2015 – Administrative and Public Law
Extraordinary passion and empathy.Legal 500 2014 – Administrative and Public Law
Highly industrious, tenacious and well-informed.Legal 500 2014 – Administrative and Public Law