Judicial Review & Human Rights

The firm has been awarded a Public Law Franchise by the Legal Services Commission. It is the only such franchise for a 60-mile radius and reflects the high level of expertise to be found within the firm in this highly specialised area.

We are the specialists in Cornwall when it comes to Public Law and in particular Judicial Review. We have run in the order of 50 files over the last three years or so and probably now have more experience than any other Cornish firm in this fast moving area of the law.

Public Law involves the supervision by the Courts of decisions made by those who make decisions that affect all our lives. Judicial Review is one way in which this supervision is exercised. In simple terms it means that the Judges can be asked to check any decisions or actions taken by bodies that are public in nature to ensure that the body has acted lawfully.

Public bodies that are susceptible to Judicial Review include the County Council (for example the Social Services Department and the Local Education Authority), the District Council (for example the Planning Department) but also virtually any entity that makes decisions that affect the public as a whole, or a class of that public (for example school governors). Judicial Review is consequently extremely wide ranging and is a growing area.

The Human Rights Act has even wider application protecting individuals (and in some circumstances companies) from interference with their rights protected under the European Convention of Human Rights. Again this is a highly specialised area but in broad terms the Human Rights Act protects against infringement of rights relating to life, torture and inhumane treatment, privacy and family life, and the right to a fair hearing.