Clive Lewis QC

Biography

Clive Lewis practises in all areas of public law and judicial review, European Community law and human rights law. He 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 is 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. He is the author of “Judicial Remedies in Public Law” (4th ed.) and an editor of the Supreme Court Practice (the White Book) and writes the section on judicial review. He is a contributor to “Education and the Courts” (2nd ed.)

Among recent cases are 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 (Bradley) v Department for Work and Pensions (lawfulness of decision not to accept recommendations of the Ombudsman); R (E) v Jews Free School (lawfulness of admissions policy giving preference to orthodox Jews); (R (Chandler) v London Borough of Camden (lawfulness of decision to promote academy); R (M) v Hammersmith and Fulham London Borough Council (obligations of local authorities to accommodate 17 year olds); R (Jackson) v Attorney General (challenge to validity of Hunting Act 2004).

Recent Cases

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

Application of the ECHR to UK forces in Iraq

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 ota E v JFS ;R ota E v Adjudicator

The claimant, a non-orthodox Jew, unsuccessfully asserted that the school's admission criteria were racially discriminatory in giving admission priority to orthodox Jews

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. (O.) v. The Independent Appeal Panel for the London Borough of Tower Hamlets

[2007] ELR 499
No general duty on independent appeal panel to draw to the attention of the children or their representatives provisions that allowed for the possibility of combined appeals

R. (Federation of Tour Operators and Others) v. HM Treasury and Others

Times, October 9 2007
Doubling of air passenger duty at seven weeks’ notice was not unlawful

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

Miles v. National Assembly for Wales and Caerphilly County Borough Council

[2007] JPL 1235
Application for lawful development certificate – Whether permissible to aggregate days of individual motorcycle use with events-based use to obtain certificate for general motorcycling

R. (Strickson) v. Preston County Court

[2007] ACD 37
A judge had acted within jurisdiction when deciding whether permission to appeal against the striking out of a claim should be granted, and there were no exceptional circumstances justifying judicial review of the decision to refuse permission to appeal

R. (Bradley and Others) v. Secretary of State for Work and Pensions and Others

Times, February 27 2007
Pensions – Maladministration – Ombudsman’s findings of fact are binding on ministers

Areas of Practice

• Education
• European
• Human Rights
• Local Government
• Public and Administrative