Judicial review

Littleton barristers have extensive experience at all levels of courts and tribunals; from the Appellate Courts to disciplinary hearings of sporting bodies; from the General Medical Council and HPC, to the Electoral Commission, Law Society, Bar Standards Board and the Court of Arbitration for Sport. Members regularly advise and represent regulatory bodies and private parties in relation to:

  • Public law fairness and procedural issues;
  • Human rights;
  • European law, competition and free movement.
  • Internal hearings, suspensions, sanctions and exclusions;
  • Injunctions and interim orders;
  • Drafting rules and amendments.

Our key cases include:

  • R (G) v Governors of X School [2012] 1 AC 167: Lead Supreme Court authority on the engagement of Art 6 ECHR rights in internal employment disciplinary context. Intersection of employment law with Independent Safeguarding Authority’s listing and barring regime and jurisdiction of the Upper Tribunal.
  • R (Peel) v Health and Safety Executive [2013] EWHC 1012 (Admin) Whether the HSE had a duty to consult under the Aarhus Convention, under EU law or under domestic public law on safety reports under the COMAH Regulations.
  • Bradley v The Jockey Club [2004] EWHC 2164: Lead case as to the different routes and standard of review for challenges to sporting regulatory bodies.
  •  R (Leung) Imperial College of Science, Technology and Medicine (2002) ELR 653: Challenge to university categorisation.
  • McLaren v Home Office [1990] ICR 824: Landmark case determining the test for when an employment issue can be litigated by way of judicial review rather than through the employment tribunal, or as a private law challenge in the civil courts.

Littleton also has a particular niche expertise in judicially reviewing the CAC in trade union recognition cases (R v CAC ex parte Kwik Fit (GB) Limited [2002] ICR 1212 (CA) and R v CAC ex parte BBC [2003] IRLR 640).