Clive Lewis QC

Biography

Clive Lewis practises in all areas of public law and judicial review, local government law, European Union law and human rights law. He also practices extensively in education law (dealing with all issues relating to secondary, further and higher education). He advises and represents claimants and defendants, including legal and central government, colleges and universities.

Clive became a Queen’s Counsel in 2006. He is also First Counsel to the Welsh Assembly Government. He was formerly on the Treasury A panel. He was also a Fellow of Selwyn College Cambridge and a lecturer in law at the University of Cambridge before starting practice at the Bar. He is the author of “Judicial Remedies in Public Law” (4th ed.) and an editor of Civil Procedure (the White Book) and writes the section on judicial review and is the general editor of Halsbury’s Laws of England, Judicial Review. He is a contributor to “Education and the Courts” (2nd ed.)

Among recent cases are Ofcom v Information Commissioner (test for disclosure of environmental information under the Environmental Information Regulations); R (Equitable Life Members Action Group) v HM Treasury (lawfulness of decision not to accept findings of maladministration in relation to the regulation of Equitable Life); Harrow LBC v Ibrahim and Teixeira v Lambeth (entitlement of spouses and children of EU nationals to housing) Palmalniece v Department for Work and Pensions (social security law, state pension credits and EU law) R (Al-Sadoon) v Secretary of State for Defence (application of the ECHR to UK forces in Iraq); Zalewska v Department for Social Planning (compatibility of rules governing Polish workers with EU law); R (Wheeler) v Prime Minister (whether ratification of the Treaty of Lisbon required a referendum); Isle of Anglesey v Welsh Ministers (regulation of sea fisheries) (R (Chandler) v London Borough of Camden (lawfulness of decision to promote new Academy); R (M) v Hammersmith and Fulham London Borough Council (obligations of local authorities to accommodate 17 year olds).

Recent Cases

Ofcom v Information Commissioner

Disclosure of environment al information under Environmental Information Regulations.

Patmalniece v Department for Work and Pensions

Social security, state pension credits and EU law

LB of Harrow v Ibrahim ; Teixeira v Lambeth LB

Housing for spouses and children of EU nationals

R (Equitable Life Members Action Group) v HM Treasury

Maladministration and financial regualtion

R (Al-Sadoon) v Secretary of State for Defence

Surrender into Iraqi custody of Iraqi nationals accused of war crimes.

Zalewska v Department for Social Development

[2008] UKHL 67, House of Lords, November 12 2008.
Successfully represented the Northern Ireland Department for Social Development in this case, in which the House of Lords ruled that the UK's decision to restrict the payment of welfare benefits for nationals of certain eastern European states which have recently joined the EU to those who have worked an uninterrupted twelve months in employment registered with the Home Office was not incompatible with EU law.

R (M) v Hammersmith and Fulham London Borough Council

[2008] UKHL 14; [2008] 1 WLR 535
Acted for the local authority (led by Clive Lewis QC) in a community care case considering whether a 17 year old child accommodated under the Housing Act 1996 is entitled to benefits under the leaving care regime.

R. (F.) v. Secretary of State for the Home Department

[2007] 1 WLR 2523; Times, August 28 2007, CA
Judicial review was not available to challenge a refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge’s decision.

Areas of Practice

• Public and Adminstrative Law
• Education Law
• European Union Law
• Human Rights
• Local Government Law
• Information Law