Public & Administrative Law
Part of Biggart Baillie’s Dispute Management Department, our Public and Administrative Law team has many years of experience in providing advice and support to a diverse range of public sector organisations, as well as those who wish to challenge the decisions of those organisations.
We have valuable insight into the responsibilities of public sector organisations and their decision making processes. We are well placed to advise on strategic issues and Court actions arising from developments in administrative law. We understand the particular demands and challenges facing those who carry out public functions, and the often complex and competing interests involved.
Our Public and Administrative law team is lead by Jennifer Spence, who has considerable experience litigating in this field. She also has particular experience dealing with cases raising Scottish Devolution and human rights issues. She regularly advises public sector clients on the operation of their statutory functions and performance of their statutory obligations.
The team regularly represents local authorities and other public bodies in judicial review proceedings, Court of Session appeals and appeals to the Sheriff Principal. We have successfully represented clients in challenges to the decisions of various courts, tribunals, administrative bodies and public inquiries. We also have experience in litigating in the UK Supreme Court (which took over the judicial function of the House of Lords and Judicial Committee of the Privy Council in October 2009). Our wide ranging experience allows us to provide both practical advice and expert guidance on strategic matters. As well as being highly skilled in managing the procedural aspects of cases, we also assist clients in handling the publicity that often flows from them.
Our experience in this area also means that we are well placed to represent individuals and organisations that want to challenge the deisions of public bodies.
In addition, the team provides advice on statutory interpretation, Scottish Parliamentary procedure and drafting, as well as devolution and regulatory issues and Freedom of Information.
Examples of recent work include:-
-
Representing a Local Authority in Judicial Review proceedings and Appeals against decisions of Licensing and other Committees
-
Representing the Electoral Registration Officer in challenges arising from Scottish and British elections
-
Acting for the Scottish Children’s Reporter Administration and the Principal Reporter (SCRA) in Appeals to Sheriffs Principal and the Inner House of the Court of Session
-
Representing Local Authorities in Judicial Reviews of grants of planning permission for supermarket, leisure and windfarm developments
-
Acting in a Judicial Review of the provision of accommodation to a homeless person
-
Acting for an individual in an Appeal to the Supreme Court
-
Acting for a National Park Authority in a long-running planning dispute;
-
Acting in an Appeal against a decision of the Additional Support Needs Tribunal relating to the local education authority’s responsibility for a child’s education;
The team is highly ranked in the Public and Administrative Law Section of Chambers 2010
“Clients comment favourably on the range and breadth of experience on offer”
Contacts for Public & Administrative Law