11KBW’s experience in commercial judicial review is second to none. We are experts in bringing and defending public law challenges in this complex, technical and fast-moving area.
Public bodies interact with the commercial world across a wide range of contexts: in procuring goods and services, in regulating industries and professions, and in making policy or resourcing decisions impacting on business interests. Judicial review can be a highly effective and speedy means of challenging such decisions.
11KBW’s knowledge of public law makes it the set of choice when using judicial review to protect commercial interests, or in defending such challenges. Our members have appeared in many of the leading cases in this area, from the swaps litigation of the 1990s, through the claims arising out the collapse of the Icelandic banking system, to current and recent challenges to Government pandemic response, sanctions and sectoral legal aid cutting decisions. We represent both claimants and defendants and offer a comprehensive service, including advice in relation to structuring commercial agreements with public bodies and to making or challenging decisions, representation at interim and full hearings, and beyond to the appellate courts.
- Challenges to Government policy decisions;
- Challenging and defending decisions of industry regulators and disciplinary bodies;
- Sanctions cases, including making and opposing applications for closed material procedures;
- Cases involving related public and private law issues/proceedings;
- Challenges raising procurement or state aid issues;
- EU and HRA claims, including damages claims;
- Interim remedy applications in the Administrative Court;
- Advising on the scope and application of public law powers in relation to commercial agreements.