Public Policy and Governance

Our public law solicitors act for public bodies and major statutory regulators across both industry and professional sectors.

"They are outstanding; they combine high-level legal skills with real human understanding."

Chambers UK, 2021

"Knowledgeable, responsive, thoughtful, professional, well networked and well connected, with a touch of elegance which goes beyond what one normally encounters in a legal firm.”

Legal 500 UK, 2021

"The team is small but packs a punch well above its size: they are quick, flexible, continuously on the ball and efficient.”

Legal 500 UK, 2021

"Legal advice is always given with an awareness and deep experience of the wider legal context (in our case, public inquiries) and a sensitivity to the client’s objectives.”

Legal 500 UK, 2021

Our expertise in administrative and public law means we are the team of choice for public bodies and major statutory regulators across both industry and professional sectors. We are particularly known for our work with in-house legal teams in the financial, legal, healthcare and energy sectors.
 

Statutory regulators and public bodies

Statutory regulators and public bodies come to us for help in a wide range of circumstances, including:

  • The introduction, planning and implementation of new schemes, based on new statutory powers
  • Assessing the suitability of existing powers in dynamic sectors
  • Refreshing policies and procedures so that they continue to be fit for purpose
  • Ensuring compliance with consultation obligations
  • Observance of the public sector equality duty and human rights legislation
  • Internal investigations and inquiries

Protecting statutory regulators and public bodies' interests

Our goal is to make sure the impact of your activities is always targeted and without unintended consequences. It is therefore extremely important to us to make sure we understand your organisational priorities as well as the interests of your major stakeholders.

We work with public bodies at the early stages of a project or new scheme, as well as providing urgent advice when an unexpected situation arises. Here, the seniority of our team enables us to bring mature and measured judgement. At all times, we strive to work with you to provide clear, timely and commercial advice, which can be easily communicated to all members of your team.

With this focus and our understanding of the wider issues at stake, we can help to ensure you are confidently delivering your key objectives in a targeted, cost effective way and, importantly, within the framework of your statutory duties and responsibilities.

Public law solicitors

You will be working with a team of senior public law solicitors led by Adam Chapman,  Sophie Kemp and Emily Carter. Our expertise extends to our regulatory team, who we work extremely closely with, allowing us to resource a substantial and experienced advisory team.

What directories have said about us

Experience, willingness to challenge and be challenged, understanding of legislation, regulations and drafting skills."

Chambers UK, A Clients Guide to the UK Legal Profession, 2018

Sources praise the group's abilities in 'sensitive, high-profile, politically inflected work' and attest that 'what is really refreshing is their commitment to their clients and the care they take'..."

Chambers UK, A Client's Guide to the UK Legal Profession

Clients are ‘very impressed with the degree of care’ Kingsley Napley LLP has in handling judicial reviews, public inquiries, inquests and regulatory matters."

Legal 500 UK, 2017

They have exceptional capabilities, their strengths are enormous and we have been extremely pleased with the work the public law team has done."

Chambers UK, A Clients Guide to the UK Legal Profession, 2016

 

Latest blogs & news

Case Note - amenability to judicial review challenge: R (Taggart) v The Royal College of Surgeons [2022] EWHC 1141 (Admin)

The Administrative Court of England and Wales has recently considered whether the Royal College of Surgeons (RCS), when producing a report, under the ‘Invited Review Mechanism’ (IRM), could be challenged by way of judicial review.  The judgment of Mrs Justice Hill provides a helpful review of the relevant authorities and illustrates the limits of the judicial review jurisdiction – she concluded that a challenge could not be made.

The ICO’s Enforcement of the PECRs – what powers are at its disposal?

Complaining about a PECR breach to the ICO, especially about an unwanted marketing communication, is quick and easy for the affected person. Meanwhile for an organisation at the sharp end of a complaint, the PECRs enforcement regime is not straightforward to untangle. In this blog, we outline the ICO’s specific enforcement regime when investigating breaches of the PECRs.

The (Long) Covid Inquiry – the challenge of complying with Article 2 in timing the Covid Inquiry

The UK Covid-19 Inquiry has published its long awaited draft terms of reference, and a consultation on those proposed terms. The final terms of reference are of considerable importance to those taking an interest in the Inquiry, as set out here by Stephen Parkinson

Case Note: challenging consultations in judicial review proceedings - R (oao Binder and others) v Secretary of State for Work and Pensions [2022] EWHC 105 (Admin)

The Administrative Court has recently upheld a challenge to a ‘consultation’ undertaken by the Department for Work and Pensions (DWP) prior to the publication of the National Disability Strategy. Strikingly the DWP gave evidence that it had not been intending to carry out a consultation – but Mr Justice Griffiths held that, as a matter of substance (as opposed to intention), there had in fact been a consultation; and that, (unsurprisingly as it was not a standard that it thought it had to meet) the DWP had failed to meet the legal requirements for a fair and adequate consultation.

 

The Covid-19 Inquiry: the Consultation on the Terms of Reference

In December 2021, the Prime Minister appointed Baroness Heather Hallett DBE as Chair of a statutory public inquiry into the handling of the Covid-19 pandemic across the UK. The announcement concerning the inquiry stated that there would be a public consultation on the draft terms of reference. This blog discusses the likely approach and scope of that consultation.

Data Protection reform: A new direction for charities?

Following the UK’s departure from the EU, the Government wishes to reform the data protection legislation within this country in order to ‘unlock the power of data.’ For charities, does this mean the painful prospect of reworking their existing GDPR compliance regime or the promise of a lighter regulatory load?

Why Companies with Supply Chains in Xinjiang and China Need to Act Now

It’s a year since the UK Government announced business measures over human rights abuses in the Xinjiang province of China. In this piece we reflect on those measures and what might come next. We also look at what action prudent businesses should take now if they are concerned about products from Xinjiang in their supply chain, or how products they export to China are being used.

Data: A New Direction - Research, Re-use and Responsibility

High on the Government’s wish list for data protection reform is the reduction of legislative barriers to ‘responsible innovation,’ particularly within the field of scientific research. Due to perceived complexity and lack of clarity, it is feared that organisations either choose not to conduct research at all or rely on unnecessarily burdensome consent processes. This blog considers the likely impact of the Government’s ideas

Consultation on ICO Powers Shows the Breadth of the Regulator’s Powers

On 20 December 2021 the ICO launched a consultation seeking views on three documents, which together demonstrate its wide-ranging powers to undertake investigatory, regulatory and enforcement action.  

The Terms of Reference for the Scottish Covid-19 Inquiry

As we await the publication of the terms of reference for the UK wide Covid-19 Inquiry, in this blog I consider the key features of the recently published terms of reference for the Scottish Inquiry into the Covid-19 pandemic.

The Covid-19 Inquiry – the importance of the terms of reference

Any day now the Covid-19 Inquiry will publish draft terms of reference. This will be a significant event.  Once agreed, the terms of reference will determine the scope and length of the inquiry which is due to begin its work in the Spring.  In turn this will have a direct impact on how valuable the inquiry turns out to be.  

Data: A new direction - Access to personal data

In this blog series, we will review the key proposals for reform of data protection law within the Government’s consultation paper ‘Data: A New Direction’. We will consider how far the Government will stray from the current path and signpost some potential pitfalls and practicalities for consideration along the way

The right to equality in fertility treatment

A same-sex couple have commenced a significant test case against a branch of the NHS fertility sector for discrimination against them on grounds of their sexuality. 

Court considers that intransigent public inquiry witnesses will often give evidence once they have been compelled to attend

In a 16 November 2021 blog, I described how refusing to give evidence to a public inquiry might play out. Another new case, Chairman of the Manchester Arena Inquiry v Romdhan [2021] EWHC 3274 (Admin), reinforces my view. Potential witnesses in next year’s coronavirus (Covid-19) inquiry take note.

 

Data: A New Direction - Unleashing the transformational power AI?

In this blog series, we will review the key proposals for reform of data protection law within the Government’s consultation paper ‘Data: A New Direction’. We will consider how far the Government will stray from the current path and signpost some potential pitfalls and practicalities for consideration along the way.

The Judicial Review and Courts Bill: Proposed reform of Judicial Review

Attempts to narrow the scope of judicial review have long been on the Conservative Party’s political agenda. Following the Independent Review of Administrative Law (‘IRAL’) and the subsequent government consultation on reform of judicial review, the then Lord Chancellor, Robert Buckland, introduced the Judicial Review and Courts Bill (‘the Bill’) to the House of Commons on 21 July 2021. The Bill is making its way through Parliament and is currently at the committee stage.

As we highlighted in our earlier blog following the Bill’s announcement, the proposed reforms are, at first sight, milder than had been feared. Nevertheless, the Bill proposes to make significant amendments to the remedies available in judicial review proceedings and to also limit the court’s jurisdiction.

Data protection law reform: A new direction?

In this blog series, we will review the key proposals for reform of data protection law within the Government’s consultation paper ‘Data: A New Direction’. We will consider how far the Government will stray from the current path and signpost some potential pitfalls and practicalities for consideration along the way.

We begin with the Government’s proposals for creating a ‘whitelist’ of legitimate interests which always provide a lawful basis for processing under the UK GDPR. 

Can you refuse to give evidence to a public inquiry?

Individuals asked to give evidence to public inquiries often wonder whether they really have a choice. The case of Chairman of the Manchester Arena Inquiry v Taghdi [2021] EWHC 2878 (Admin) illustrates how refusing to participate might play out. Potential witnesses in next year’s coronavirus (Covid-19) inquiry take note.

Having our cake and eating it: Parliamentary sovereignty in light of Brexit and the Covid-19 pandemic

One of the key themes of the Brexit campaign was for the UK to retain Parliamentary sovereignty, or “Take Back Control.” This blog focuses on that aspect of Brexit and revisits previous discussions around delegated legislation and Parliamentary sovereignty to assess the effect of the past 9 months on our Parliament.

Reform of the Human Rights Act: The Lord Chancellor’s “mechanism” to correct judgements

At the recent Conservative party conference, the new Lord Chancellor, Dominic Raab, signalled his intention to “overhaul” the Human Rights Act 1998 (the ‘Act’). It has since been reported that he is working on a “mechanism” to allow the Government to introduce ad hoc legislation to correct court judgements that ministers believe to be incorrect. Whilst the precise details of any mechanism remain to be seen, this notion is constitutionally problematic in that it potentially grants the executive wide powers to override the judiciary.

Public Law Insights

Close Load more

Skip to content Home About Us Insights Services Contact Accessibility