Public Law
The demand for advice on issues and challenges generated from administrative law is on the increase. We provide advice and support to a diverse range of public sector organisations as well as those who wish to challenge the decisions of such organisations.
The in-house team at Biggart Baillie has a 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.
One function of the Court of Session is to ensure that public bodies comply with the law. When organisations do not comply with the law and all other potential solutions have been exhausted, it is possible to appeal to the Court of Session through a Petition for a Judicial Review.
The team are not only highly skilled in managing the procedural aspects of cases, but also assisting clients in handling the publicity that often flows from them. Indeed many clients have commented that dealing with unexpected publicity presents a great many challenges!
Our experience in acting for Petitioners seeking Judicial Review and for Respondents resisting any review of their decisions allows us to take a properly balanced approach to client’s cases, providing practical advice and expert guidance on strategic matters.
What we do…
Offer sound guidance on the best approach to adopt in resolving Administrative Law issues as they arise.
Advise clients who are considering raising Judicial Review proceedings or who are faced with the threat of Judicial Review proceedings being taken against them.
Represent clients at Judicial Review proceedings in Court of Session.
Negotiate compromises and undertakings to defuse situations that might otherwise result in interim interdict orders being sought.
Select Counsel where appropriate and undertake detailed preparation of cases.
Approach cases with the benefit of real insight into the factors that influence decisions made by public sector organisations, be they political, financial, strategic or ethical.
Provide clients with the benefits of our expertise in all aspects of Administrative Law.
The team is also able to provide advice on statutory interpretation, Scottish Parliamentary procedure and drafting, Devolution issues and Freedom of Information.
Contacts for Public Law