Judicial Review Trends and Forecasts 2016

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Please note this event is now SOLD OUT

Morning chair:
Shaheed Fatima QC, Blackstone Chambers

9.30 – 9.35 Introduction:
Jo Hickman, Director, the Public Law Project

9.35 – 10.00 Opening address:
The Rt. Hon. Sir Ernest Ryder, Senior President of Tribunals

10.00 – 10.45 Fundamental rights in the UK: The future?
Alberto Costa MP
Aidan O’Neill QC (Scot), Matrix Chambers (discussant paper)
Martha Spurrier, Director, Liberty
Chair: Shaheed Fatima QC

10.45 – 11.30 Top public law cases of the year
Monica Carss-Frisk QC, Iain Steele, Blackstone Chambers
Nusrat Zar, Herbert Smith Freehills.

11.30 – 12.00 The procedural changes to judicial review: Big deal?
Alastair Wallace, Irwin Mitchell

12.00 – 12.15 Break

12.15 – 13.15 Morning Breakout Sessions  – Choose one of four below:

1. Drone warfare: When is targeted killing lawful?
Vigorous debate continues to surround the Government’s use of drones to conduct lethal strikes abroad. What scope is there for judicial review, both under the HRA and at common law, of the decision to deploy drones or to conduct lethal strikes? Is drone warfare inimical to the rule of law?
Sean Aughey, 11 KBW
Rosa Curling, Leigh Day
Clive Stafford Smith, Director, Reprieve
Chair: Shaheed Fatima QC, Blackstone Chambers

2. Environmental judicial review
Richard and James will look at the future of environmental JR including the impact of cases such as Champion on the discretion not to quash, JR rule changes made in recent years, Brexit and further proposed changes to the Aarhus costs rules. They will also look at likely future challenges in areas such as fracking, mining and wind farms etc.
Richard Buxton, Richard Buxton Environmental and Public Law &
James Maurici QC, Landmark Chambers

3. Whose best interests? Children’s rights in public authority decision-making
This session will provide an overview of the core principles of UNCRC, and the methodology used by OCC and CRAE respectively to help inculcate child rights into policy and practice. Amanda Weston will lead a discussion on ‘Child rights under threat’, looking at competing imperatives, safeguarding duties, the impact of Prevent and the threat to children’s legal rights posed by the ‘innovation clauses’ of the Children and Social Work Bill.
Chaired by The Hon Mr Justice Hayden
Anna Henry, Director of Children’s Rights, Office of the Children’s Commissioner (OCC)
Louise King, Children’s Rights Alliance England (CRAE)
Carolyne Willow, Director, Article 39
Amanda Weston, Garden Court Chambers

4. Judicial review of the regulators
This seminar looks at the application of judicial review principles to the regulators across a range of commercial sectors, and focuses on recent cases and also particular trends.
Andrew Lidbetter, Herbert Smith Freehills and
Tim Ward QC, Monckton Chambers

13.15  Lunch

Afternoon Session: Chair Richard Hermer QC, Matrix Chambers

14.15 –15.15 Afternoon Breakout Sessions – choose one of four below:

5. Public law discrimination claims – a winning argument?
The last few years have seen a raft of discrimination claims come before the higher courts in public law cases. A significant proportion of these claims have succeeded, in areas as diverse as the allocation of social housing and the payment of disability benefits. This session will consider some of the recent leading cases and identify key factors for successful public law discrimination claims.
Stephen Broach, Monckton Chambers
Emma Dixon, Blackstone Chambers
Alex Rook, Irwin Mitchell

6. Public law, public inquiries and public accountability – using judicial review to investigate State failures
The role of public inquiries and inquests in investigating State wrongdoing is central to public accountability and lesson-learning. This session will explore the role of judicial review in challenging decisions not to investigate deaths and serious harm, public law challenges to inquiry and inquest decisions, and the use of investigative obligations to vindicate fundamental rights and hold power to account.
Chair: Raju Bhatt, Bhatt Murphy Solicitors
Jesse Nicholls, Doughty Street Chambers
Emma Norton, Liberty
Christopher Stanley, KRW Law

7. The new judicial review funding regime and what it means for the practitioner
This session will look at the practical problems & possible solutions for the claimant’s solicitor taking judicial review cases under legal aid. This session will also look alternatives to public funding for judicial review claims, including crowdfunding, CFA and pro bono work, private funding and other options, such as charitable arms / other models of providing access to JR.
Sonal Ghelani, The Migrants’ Law Project
Polly Glynn, Deighton Pierce Glynn
Katherine Segal, Crowdjustice
Chair: Martin Westgate QC

8. State secrecy and fair proceedings
This session examines recent developments on how courts deal with attempts by the state to keep material secret in legal proceedings, for example where covert policing or the security services are involved. It includes an update on the duty of candour in judicial review, closed material and the Justice and Security Act 2013, state secrecy in the context of fundamental rights, the Investigatory Powers Bill and potential legal challenges to it, spying on children and the Prevent duty, open justice, and disclosure in SIAC or terrorism proceedings.
Jude Bunting and Adam Straw, Doughty Street Chambers
Dan Furner, Birnberg Peirce
Chair: Rakesh Singh, the Public Law Project

15.15 – 15.30 Break

15.30 Problems with the panopticon: Public law and the Investigatory Powers Bill
The investigatory Powers Bill (IPB) provides a legal framework to UK state surveillance, purporting to balance personal privacy with the needs of state to provide security and prevent fraud and terrorism. Our panellists will look at the public law issues arising from the so called ‘snoopers charter’.
Ben Jaffey, Blackstone Chambers
Cathryn McGahey QC, Temple Garden Chambers
Graham Smith, Bird and Bird
Chaired by Richard Hermer QC, Matrix Chambers
More panelists tbc

16.10 The Limits of judicial authority
There has been a good deal of discussion of late about the notion of judicial overreach, the suggestion being that “judicial power” needs to be more carefully confined than it has been in the recent past. In this talk, Mark Elliott, while acknowledging that there must be, or are, limits to judicial power, will critically examine and challenge the argument that the courts are guilty of significant overreach. 
Prof Mark Elliott, University of Cambridge

16.40 Brexit and public law
Martin Chamberlain QC, Brick Court Chambers

17.10 Closing address
Lord Toulson

17.30 Finish – Drinks Reception hoisted by Herbert Smith Freehills.

Judicial Review Trends and Forecasts is supported by Herbert Smith Freehills and Blackstone Chambers

   

Standard fee: £354 per delegate (£295 + VAT per delegate)
Discounted fee: (charities, voluntary sector, academics, students, trainee solicitors & pupils):
£228 per delegate (£190 + VAT)

All Fees include refreshments and lunch.

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