Andrew Sharland

Andrew Sharland

Professional Summary

Called 1996

Contact Details

E T +44 (0)20 7632 8500 Clerk Lucy Barbet Clerk John Davitt Clerk Christopher Smith E

Andrew has a broad public law practice with a particular emphasis on the fields of human rights, education, health and community care law, local government, planning and professional discipline and regulatory law. He also regularly acts in information law, public procurement and employment matters. Andrew acts for individuals, charities, companies NGOs, central and local government bodies and foreign governments in domestic and European courts. Andrew is a member of the Attorney-General’s A Panel of counsel.

Andrew is a co-author of the leading practitioners’ textbook, Judicial Review: Principles and Procedure (OUP, 2013)

Andrew is also contributor to R McManus QC, Education and the Courts, P Coppel QC, Information Rights and Atkins Court Forms on Human Rights.

Andrew is registered under the public access scheme and in appropriate cases he is able to accept instructions directly from individuals and organisations.

Specialisms

Public and Local Government

Andrew is acknowledged as an expert in public law, and he has extensive experience in litigating claims for judicial review. He is ranked as a leader in public law by both Chambers & Partners and The Legal 500. Andrew acts for central and local government, other public sector bodies, and individuals, and he regularly appears in the Administrative Court, the Court of Appeal and the Supreme Court. Andrew has particular expertise in claims for judicial review and statutory appeals in the fields of human rights, local government law, education law, health and community care law, environmental and planning law and regulatory law. Andrew’s expertise in judicial review is underpinned by the fact that he is a co-author of the leading practitioners’ textbook on the subject, Judicial Review: Principles and Procedure (OUP, 2013). 

Andrew’s recent work includes:

TW Logistics v Essex County Council
[2017] EWHC 185 (Ch); Ch Div, February 8 2017;  [201] 3 WLR 89
Port land in commercial use also used recreationally for over twenty years – Whether correctly registered as town or village green

R (Syed) v Secretary of State for Justice
[2017] EWHC 727 (Admin); QBD (Admin Ct), April 7 2017; [2017] 4 WLR 101
Prisoner transferred to challenging behaviour unit had not been removed from association under the Prison Rules 1999

R (Jewish Rights Watch) Leicester City Council, Swansea Council and Gwynedd Council
[2016] EWHC 1512 (Admin)
High profile challenge to three Council resolutions criticising Israel’s actions in the Palestinian Occupied Territories.

R (Hussain) v Secretary of State for Justice
[2016] EWCA Civ 1111
The interrelationship between the Data Protection Act 1998 and judicial review.

R (Smith) v Department for Work and Pensions
[2016] EWHC 2284 (Admin)

Challenge to the legality of the Jobseekers Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.

R (Syed) v Secretary of State for Justice
[2017] EWHC 727 (Admin)
Human rights challenge by Al Qaeda terrorist to his prison regime.

TWL v Essex County Council
Seven day hearing considering challenge by land owner to the Council’s decision to register land as a village green.

Health & Community Care

Andrew has a very diverse community care practice relating to both adults and children. A number of his cases raise complex human rights and immigration issues. He regularly works for claimants and local authorities and central government. Andrew has been instructed by local authorities and the police to carry out safeguarding reviews. He also acts in cases concerning the overlap between the Administrative Court and the Court of Protection.

Recent work includes:

R (Care England v Essex Council Council)
Challenge to the Council’s decision as to the rates that it will pay care homes to look after adults for whom it is responsible. This is the first Care Home Fees challenge under the Care Act 2014.

McDonald v United Kingdom
[2016] 60 EHRR 1
Leading Strasbourg case on Article 8 ECHR and community Care provision. 

R (Karia) v Leicester City Council
[2015] 141 BMLR 163
Wide ranging challenge to a decision by Leicester City Council to close all its care homes. 

R (Q) v Leicestershire County Council
[2016] EWHC 2087
Challenge to Council’s age assessment of asylum seeking young person. This case raised important issues about which local authority was responsible for a young person if they move areas after an age assessment has been completed.

Operation Falcon
Instructed by the Essex Police and Crime Commissioner carry out an extensive investigation and produce a report relating to the safeguarding issues arising from a case involving a sexual assault by a teenager on a young child and Essex Police’s subsequent failure properly to investigate the matter.

Education

Listed in both Chambers & Partners and the Legal 500 as a leading junior in the field, Andrew acts for local authorities, schools, further and higher education institutions and individuals. Andrew has a very broad education law practice including admissions, exclusions, special educational needs, academies, employment and contract. He has recently been involved in a number of disciplinary and regulatory education matters.

Recent Work includes:

R (X School and Y Local Authority) v Ofsted
Successful application for an injunction restraining Ofsted from publishing a report critical of a Special School.

R (Essex County Council) v Secretary of State for Education
[2016] EWHC 1724 (Admin)
Challenge to the Secretary of State for Education’s decision to cut funding to Sure Start Capital Funding in Essex. Challenge on basis that the decision was contrary to a substantive legitimate expectation, irrational, in breach of the consultation requirements and contrary to s 149 Equality Act 2010. 

Zebaida v Secretary of State for Education
[2016] PTSR 1490
Claim brought by a famous pianist challenging a life-long ban from teaching.

Acting for a parent challenging a refusal to admit their child to a grammar school.

Information

Andrew has an extensive data protection and information law practice. He regularly acts for public authorities (including both central and local government), individuals and companies including, in particular, media organisations such as the Times Newspapers. He is a member of the Attorney General’s A panel of counsel and his freedom of information panel. Legal 500, stated that “His knowledge of privacy and data protection law is outstanding” and that “He displays a mastery of freedom of information cases” 2017. Andrew contributed to Information Rights (P Coppel QC, editor), the leading information law textbook.

Recent work includes:

Hussain v Secretary of State for Justice
Data Protection Act 1998 challenge brought by Al Qaeda terrorist.

Kennedy v Charity Commission and Ministry of Justice
[2015] 1 AC 455
Landmark case concerning the relationship between Article 10 ECHR (the right to freedom of expression) and the Freedom of Information Act 2000

Department of Work and Pensions v Information Commissioner
[2016] EWCA Civ 758
Appeal by DWP against UT decision requiring the Department to disclose details of organisations providing mandatory work programmes. The information sought concerns very controversial programmes designed to get the long term unemployed back to work

McInerney v Information Commissioner and Department for Education
[2015] UKUT 47 (AAC)
Challenge to refusal to disclose Free School applications. UT decision established the right to rely upon late procedural exemptions.

Keane v Information Commissioner and the Home Office
[2016] UKUT 461 (AAC)
Case concerning whether information held by the MOD detailing paid informants in Irish Secret Societies between 1890-1910 was exempt from disclosure on national security grounds.

Human Rights

Andrew has a broad human rights practice. He regularly acts for, individuals, public authorities and NGOs both in domestic courts and before the European Court of Human Rights in Strasbourg. He is currently instructed on behalf of the UK Government in 6 cases pending before the European Court of Human Rights and has previously acted for Liberty in Appleby and Others v United Kingdom, the leading case on positive obligations under Article 10 ECHR.

Andrew has appeared in a number of recent important human rights cases including R (Plantagenet Alliance) v Sec of State and others concerning the appropriate resting place of the recently discovered remains of Richard III. This case involved a novel Article 8 ECHR (private life argument) He also acted for the Times Newspapers before a seven judge Supreme Court in Kennedy v Charity Commission, a landmark case that concerned the interaction between the Freedom of Information Act 2000, the Human Rights Act 1998 and common law rights (this case is currently pending before the European Court of Human rights)

Andrew is co-author of the leading practitioner work on Judicial Review (Judicial Review: Principles and Procedure) (OUP, 2013) where he wrote the Human Rights Act 1998 chapter. He is also co-author of Media Law and Human Rights (OUP).

Procurement

Andrew has a substantial public procurement practice acting for local authorities, central government bodies in companies in challenges to procurement decisions. Andrew’s procurement practice often concerns the overlap between public procurement law and public law. He successfully defended three local authorities in a judicial review challenge to their procurement policy relating to Israel and the occupied territories. Andrew is a Visiting Lecturer in Public Procurement Law at the University of Nottingham for course convenor Professor Sue Arrowsmith.

Andrew’s recent work includes:

R (Jewish Human Rights Watch) v Leicester City Council, Swansea Council and Gwynedd Council
[2016] EWHC 1512 (Admin); QBD (Div Ct), June 28 2016; [2017] 3 All ER 505
Successfully resisted challenge on public sector equality grounds to Council resolutions to boycott goods form the occupied territories.

Successful challenge to the Legal Aid Agency’s Criminal Legal Aid procurement.
Acted in this (and several other) challenges to decisions made by the Lord Chancellor in relation to the Duty Provider Crime Contracts.  The challenges were brought pursuant to the Public Contracts Regulations 2006.  Instructed by Bindmans and various criminal legal aid firms directly.

R (Bassett Law BC) v Department for Local Government and Communities
Successful challenge to the Secretary of State’s decision to claw back £80,000 for a Works contract on the grounds that the Council had acted contrary to the EU Public Procurement Directive.

DWF v Insolvency Service
[2014] EWCA Civ 900
High profile challenge to the Insolvency Service’s procurement of legal services in England, Wales and Scotland. The leading Court of Appeal authority on automatic suspensions.

Countryside Properties v London Borough of Waltham Forest
£30 million challenge to the Council’s decision to award a contract for the regeneration works of a large estate. Case settled.

Professional Discipline and Regulatory Law

Andrew regularly acts for regulators and individuals both in disciplinary tribunals and in domestic courts challenging such tribunal’s decisions. He had particular experience in the accountancy, healthcare and education sector. He has acted for the Institute of Chartered Accountants for England and Wales for over a decade advising them on their disciplinary arrangements and acting in disciplinary matters.

Recent work include:

Zebedia v Department for Education
[2016] EWHC 1181
Claim brought by a famous pianist challenging a life-long ban from teaching.

Institute of Charted Accountants for England and Wales
Review of their disciplinary and regulatory processes.

Andrew is currently acted on behalf of the Department for Education in a number of disputes concerning banning staff implicated in the Trojan Horse scandal in Birmingham from the management of schools.

Employment

Andrew regularly advises and represents employers, particularly public bodies and third sector organisations, in employment and disciplinary matters. He has particular expertise in the higher education sector. He advises on the full range of employment law issues, including whistleblowing, discrimination of all kinds, pay issues, disciplinary and grievance procedures, and contract issues.

Andrew has also conducted investigations for employers and public bodies, including acting as independent grievance or disciplinary officer and has also chaired appeal proceedings.

Recommendations

Andrew is ranked by Chambers & Partners and Legal 500 as a leading junior in public and administrative law, local government law, education law, community care law, and information and data protection.

“Brilliant with clients and very bright.” Legal 500

“He has brilliant client-handling skills and is a pleasure to work with” Chambers and Partners

“He is very down-to-earth, bright and incisive. He gives comprehensive and pragmatic advice…” Chambers and Partners

He is tactically astute and aggressive in court when you need him to be” Chambers and Partners

“An excellent legal brain” Chambers and Partners

‘An excellent lawyer and a pleasant opponent’ Legal 500

“He has a very personable manner and is also very responsive. Underneath his mild exterior lies a tenacious advocate…” Chambers and Partners

“Judges really like him as he is clear and precise” Chambers and Partners

“Bright, responsive and highly commercial” Legal 500

“Highly knowledgeable and hardworking” Legal 500

“He is fearless and his advocacy is punchy” Chambers and Partners

“Fantastic, very thorough and able to focus people’s minds on what is required” Chambers and Partners

Education

Andrew graduated with a first in law from Queen Mary and Westfield College, University of London. He obtained an LLM from the College of William and Mary, Virginia and the BCL from Worcester College, Oxford.

Other

Andrew was a visiting fellow of constitutional law at Brunel University. He recently acted as a guest lecturer on the Public Procurement LLM at Nottingham University. He was also a Pegasus Scholar at the European Court of Human Rights in Strasbourg.

X

Regulatory Information

All members of Chambers are registered with the Bar Stardards Board of England and Wales. For general terms and conditions on which services are provided - click here

Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Andrew Sharland

VAT Number: GB 701554173

Legal Status: Sole Practitioner

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd - click here for more details

Territorial coverage is world-wide, subject to the terms of the Bar Mutual, which may be found here

Should you wish to make a complaint - click here