Judicial Review

Littleton barristers have extensive experience acting in judicial review cases particularly those which  overlap with our core areas of expertise in the employment, commercial and regulatory/disciplinary fields. Cases frequently arise in discrimination, pensions, education, professional discipline, European law, sports and medical fields.

Key cases include:

  • R (G) v Governors of X School [2012] 1 AC 167: Article 6 ECHR and employment law. Whether a teaching assistant could require an internal employment disciplinary hearing permit him legal representation. 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.
  • (Burke) v General Medical Council &the Disability Rights Commission & others [2006] QB 273 challenge to the lawfulness of the General Medical Council's guidance as to the withholding and withdrawal of artificial nutrition and hydration and compatibility with the ECHR
  •  R (Leung) Imperial College of Science, Technology and Medicine (2002) ELR 653 Challenge to university categorisation
  • McLaren v Home Office [1990] ICR 824, the 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 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).

Katherine Apps is on the Attorney General's C panel of Counsel.