Commercial Judicial Review

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 challenges to Government sanctions and legal aid cut 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.

Our Expertise

  • 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.

Recent Cases

R (Edenred (UK Group) Limited and others) v HM Treasury [2015] EWCA Civ 326, [2015] EWHC 90 (QB), [2014] EWHC 3555 (QB) – representing the claimant/appellant operators and industry association in consolidated judicial review and Part 7 proceedings challenging the Government’s delivery strategy for its Tax-Free Childcare scheme on procurement and EU grounds. Currently on an expedited appeal to the Supreme Court.

R (London Criminal Courts Solicitors Association and others) v Lord Chancellor [2015] EWCA Civ 230, [2015] EWHC 295 (Admin), [2014] EWHC 4733 (Admin) – represented the claimant/appellant solicitors’ associations in their challenges to the Lord Chancellor’s decisions concerning criminal legal aid tenders.

Breyer Group plc v Department of Energy and Climate Change [2015] EWCA Civ 408 – representing the Appellant defendant in ongoing multi-million pound litigation involving legitimate expectations and A1P1 challenges relating to the Government’s Feed-In Tariff Scheme.

Bank Mellat v HM Treasury [2014] A.C. 700 – represented the Appellant major Iranian commercial bank in its domestic and A1P1 challenge to the Financial Restrictions (Iran) Order 2009, which imposed sanctions upon it.

R (Sky Blue Sports and Leisure Ltd and others) v Coventry City Council [2014] EWHC 2089 (Admin) – attack on the legality of a £14m loan made by the defendant Council to the leaseholder of Coventry City FC’s stadium, raising important points of state aid law.

R (Sarkandi and others) v Secretary of State for Foreign and Commonwealth Affairs[2014] EWHC 2359 (Admin) – challenge to the Foreign Secretary’s decision to propose, to the European Union Council of Ministers, the imposition of sanctions on the claimants.

R (Project Management Institute) v Minister for the Cabinet Office and others [2014] EWHC 2438 (Admin) – representing both claimant and defendant in a claim attacking the legality of a decision to award a Royal Charter to the Association for Project Management on bias/legitimate expectations grounds.

R (London Criminal Courts Solicitors Association and others) v Lord Chancellor [2014] EWHC 3020 (Admin) – represented the claimant/appellant solicitors’ associations in their consultation challenge to the Lord Chancellor’s decisions concerning criminal legal aid tenders.

R (Westscott Financial Services Ltd) v Financial Ombudsman Service [2014] EWHC 3972 (Admin) – challenge to FOS’s refusal to stay complaints against independent financial advisers pending the resolution of related Commercial Court proceedings concerning the Keydata affair.

R (British Dental Association) v General Dental Council [2014] EWHC 4311 (Admin) – consultation challenge by claimant trade association to the GDC’s decision to set annual dentist practising fees at £890.

R (Members of the Committee of Care North East Northumberland) v Northumberland County Council [2014] P.T.S.R. 758 – challenge by care home operators to local authority decisions to set care home fees.

R (Newby Foods Ltd) v Food Standards Agency [2014] 1 W.L.R. 4589 – ongoing litigation concerning the proper interpretation of EU food standards legislation.