Judicial Review, in particular, is a set of legal principles in Public Law proceedings that enables the High Court to control the decisions of public bodies and Courts. The intention of the Courts is to ensure that decisions made by the Government or any other public body are in accordance with the law. This enables any person to challenge the fairness or legality of decisions made by a public body which may have a material affect on them.
The public bodies that may be challenged by Judicial Review include the Government, Local Authorities, Police Authority, NHS Trusts, Inland Revenue, Customs & Excise, Trading Standards, Housing Associations, Universities and Charities amongst many others. Increasingly the application of Judicial Review and Public Law is affected by the Human Rights Act 1998.
The conduct of our Public Law cases and challenges
to authority in the form of Judicial Review are led
by David Kirwan,
Senior Partner and Higher Court Advocate with over 36
years' experience. David has represented a number of
clients in cases involving a broad spectrum challenging
decisions made by public bodies.
Below are a few examples of the types of cases David has represented which demonstrate the diversity of the work we undertake within this area of the law:
Local Authority - Assisting Miss S, a disabled resident, in pursuing a judicial review of the decision of her local council depriving her of disability and other benefits.
Police - Representing Mr J, a street peddler, who had his trading licence wrongly revoked by the police. The licence was restored and the conduct of the police rebuked in a landmark case in the High Court after police action was found to be unlawful.
Liquor Licensing - In Re: The S. Hotel. Residents of a village conservation society having won an appeal against the substantial extension of the public house's licensing hours under the 2003 Licensing Act are now contesting an appeal by the Public House by way of Judicial Review.
David regularly travels, often at short notice, around the country to advise clients and companies on such cases and pursues their representation at the Royal Courts of Justice.
For more information, or to arrange a meeting,
please call David
Kirwan on 0151 677 3433 or email him at dkirwan@kirwanssolicitors.co.uk.
Public Law Department Staff:
Moreton
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David Kirwan –
Senior Partner
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Gurm Sanger –
Solicitor
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