Judicial Review Trends and Forecasts 2017

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View the beautifully illustrated PDF Programme

MORNING SESSION
Chair: Paul Bowen QC, Brick Court Chambers

9.30 Introduction, Jo Hickman, Director, Public Law Project

9.35 Opening address
Lord Neuberger

10.00 The top public law cases of the year
Naina Patel, Blackstone Chambers
Alison Pickup, Public Law Project
Nusrat Zar, Herbert Smith Freehills

10.45 Costs in judicial review
This talk will look at the scope and potential impact of Lord Justice Jackson’s Review of Fixed Recoverable Costs, from the perspective of the Chair of the Working Group on the Review.
Martin Westgate QC, Doughty Street Chambers

11.15 Break

11.30 Parliamentary privilege, Article IX of the Bill of Rights and admissibility
This session is a discussion of the latest case law on the use that can be made of Parliamentary materials in litigation.
Martin Chamberlain QC, Brick Court Chambers
James Segan, Blackstone Chambers

12.00 Morning breakout sessions
Please choose one of four:

1. Update on the private/public data divide
This session will look at the likely provisions of the Data Protection Bill announced in the Queen’s speech and the impact this will have on often controversial uses of data by public bodies such as the NHS and schools (but not necessarily law enforcement agencies). This session will also look at the current regulatory options for challenging exploitation of data by private companies on previously unseen scales, by organisations looking to influence (amongst other things) elections.
Dan Squires QC, Matrix Chambers
Ravi Naik, ITN Solicitors
Tim Pitt-Payne QC, 11KBW

2. Judicial review of the regulators
This seminar is an update on 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 and Jasveer Randhawa, Herbert Smith Freehills

3. Public law and women’s rights
This session will look at recent claims by both individuals and organisations for access to healthcare, abortion, legal aid for survivors of domestic abuse and welfare benefits. How far will the courts go to recognise and vindicate women’s rights, and what impact do such legal challenges have on policy formation?
Chair: Sara Lomri, Public Law Project

Jude Bunting, Doughty Street Chambers
Zoë Leventhal, Matrix Chambers
Nathalie Lieven QC, Blackstone Chambers

4. Enforcement of ECtHR judgments and what practitioners can do about it
The Committee of Ministers of the Council of Europe now seem keener to achieve enforcement of the ECHR system. The first case referred back to the ECtHR under Art 46(4) is imminent and the Rules have been amended to encourage more input from NGOs and applicants’ lawyers. So, how to supercharge enforcement and to name and shame the worst offenders?
Alex Bailin QC, Matrix Chambers
Matthew Evans, Director, The AIRE Centre
Angela Patrick, Doughty Street Chambers

13.00 Lunch

AFTERNOON SESSION
Chair: Dinah Rose QC, Blackstone Chambers

14.00 Panel: Public law and the European Union (Withdrawal) Bill
Chair: Dinah Rose QC

Panellists:
Professor Catherine Barnard, Cambridge University
Daniel Greenberg, Parliamentary Counsel
Victoria Hewson, Senior Associate CMS and counsel to the Legatum Institute Special Trade Commission
Sir Paul Jenkins QC (Hon), Matrix Chambers, former Head of the Government Legal Department and Permanent Secretary to the Attorney General from 2006 to 2014

15.00 Break

15.20 Afternoon breakout sessions

Please choose one of four:

5. Duty of candour, transparency and ‘open justice’
The session will look at current issues in duty of candour, such as the perceived increased expectation of transparency on claimants. The second part of the presentation looks at developments in the law on anonymity, access to documents/materials on the court file and reporting restrictions.
Chair: Tim Otty QC, Blackstone Chambers
Jesse Nicholls, Doughty Street Chambers
Iain Steele, Blackstone Chambers

6. Public law in a new era of counter-terror
This session will look at both domestic and international legal developments in counter terror and counter extremism, including the Prevent strategy, other aspects of TPIMS, the use and abuse of administrative measures to curtail activities of suspected terrorists or extremists, procedural fairness and cross border issues in the context of a changing Europe.
Chair: Rakesh Singh, Public Law Project
Zahra Al-Rikabi, Brick Court Chambers
Stephanie Harrison QC, Garden Court Chambers
Adriana Edmeades, Legal & Policy Director, Rights Watch UK

7. ‘They think it’s all over…’ – post Miller litigation on the legality of Brexit
This session will look at major legal issues subsequent to the Brexit case and the triggering of Article 50, including an evaluation of the ‘Three Knights Opinion’, constraints on the negotiations, the use of the royal prerogative in related negotiations and the (potential) loss of fundamental rights.
Chair: Prof Jeff King, University College London (UCL), Faculty of Laws
John Halford, Bindmans LLP
Gerry Facenna QC and Jack Williams, Monckton Chambers

8. Tax and Judicial Review
When is it appropriate to bring a judicial review of an HMRC decision? The alternative remedy principle; legitimate expectation and other public law claims; the developing case law.
Sam Grodzinski QC and Simon Pritchard, Blackstone Chambers

16.20 Enforcing equality and human rights in uncertain times
Elizabeth Prochaska, Legal Director, Equality and Human Rights Commission (EHRC)

16.40 Applying public law principles in housing cases: the current landscape
His Hon. Justice Jan Luba QC

17.05 Closing address
The Rt Hon. Lord Justice Fulford, Investigatory Powers Commissioner

17.30 Finish

Standard fee: £354 per delegate (£295 + VAT per delegate)
Discounted fee (charities, voluntary sector, academics, students, trainee solicitors and
pupils): £228 per delegate (£190 + VAT)
50% off third delegate when 3 book from the same organisation at the same time.
5% discount for booking and paying online.  Fees include refreshments and lunch.
Below is a table of block booking discounts currently available if you book at the standard fee and book all delegates at the same time. Further information please e-mail  [email protected] for details.

This event is supported by Blackstone Chambers and Herbert Smith Freehills