This document summarizes various public law processes in Wales for challenging government decisions. It outlines that challenges can be made through the Ombudsman, tribunals, or judicial review. It provides examples of cases challenged through discrimination law, including the bedroom tax case. It also discusses proposals in the Wales Bill to change the devolution settlement and the growing body of Welsh law. Specific examples are given of challenges to public consultation processes, a hospital closure, school closures, and school transportation policies in Wales.
Event organised by Parliament's Outreach Service in partnership with the British Deaf Association. How Parliament works and to have a say on topics that matter.
Event organised by Parliament's Outreach Service in partnership with the British Deaf Association. How Parliament works and to have a say on topics that matter.
As we see the fifth Welsh National Assembly begin its formal scrutiny processes, we felt it timely to provide a guide to the new Committees.
Without an outright Welsh Labour majority on the Committees, one would think that the opposition would play a significant role, however with the pact they have struck with Plaid Cymru this means they are likely to hold agreed positions on major points ahead of legislative development.
Within the guide, you will find a synopsis of the former Committee’s legacy reports, the early indications of their priorities, and our intel to formulate a short introduction to each Committee and some of their key members. We hope you find it useful.
Kela is currently celebrating a double anniversary: Finland turns 100 and Kela 80 years. To honor this, our researchers took a vote on the most important social security reforms in Finland.
Immigration and Refugee Policies, Families & Care in EuropeRuth Evans
Keynote presentation from Prof. Eleonore Kofman, Middlesex University on Immigration and Refugee Policies, Families & Care in Europe at the Participation Lab workshop on Migration, Care, Language and Identity, University of Reading 3 November 2016.
Northern Voices: Delivering Universal Credit and Tackling Homelessness outsid...Policy in Practice
Policy in Practice and Northern Housing Consortium hosted this important event to bring Westminster policy makers together with northern organisations.
Delegates joined central government speakers and local influencers in Leeds for this free one day workshop to exclusively hear the latest policy updates on Universal Credit managed migration from DWP and homelessness prevention from MHCLG. They helped to create a united voice of influence for people and practitioners in the north.
Attendees:
> Heard from central government about policy updates and plans
> Contributed experiences in order to influence central government
> Learned from the experiences of trailblazing organisations in the north
> Networked and benchmark with like minded peers
Who attended:
Senior decision makers, elected representatives and team leaders charged with supporting vulnerable people and tackling homelessness attended. The outputs from the table discussions will form a white paper that will be presented to DWP and MHCLG.
For further details email hello@policyinpractice.co.uk or call Donna Gallagher on 0742 8783581.
Visit www.policyinpractice.co.uk
Litigation and inquest forum, Nottingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Litigation and inquest forum, Birmingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Failing to care 12 may 2015 NFWI ResolutionHelen Tyrrell
Failing to care- assessment of need in long term care
This meeting calls on HM government to remove the distinction between health care and social care in the assessment of the needs of individuals, in order to advance health and wellbeing - North Duffield, WI, North Yorkshire East federation
As we see the fifth Welsh National Assembly begin its formal scrutiny processes, we felt it timely to provide a guide to the new Committees.
Without an outright Welsh Labour majority on the Committees, one would think that the opposition would play a significant role, however with the pact they have struck with Plaid Cymru this means they are likely to hold agreed positions on major points ahead of legislative development.
Within the guide, you will find a synopsis of the former Committee’s legacy reports, the early indications of their priorities, and our intel to formulate a short introduction to each Committee and some of their key members. We hope you find it useful.
Kela is currently celebrating a double anniversary: Finland turns 100 and Kela 80 years. To honor this, our researchers took a vote on the most important social security reforms in Finland.
Immigration and Refugee Policies, Families & Care in EuropeRuth Evans
Keynote presentation from Prof. Eleonore Kofman, Middlesex University on Immigration and Refugee Policies, Families & Care in Europe at the Participation Lab workshop on Migration, Care, Language and Identity, University of Reading 3 November 2016.
Northern Voices: Delivering Universal Credit and Tackling Homelessness outsid...Policy in Practice
Policy in Practice and Northern Housing Consortium hosted this important event to bring Westminster policy makers together with northern organisations.
Delegates joined central government speakers and local influencers in Leeds for this free one day workshop to exclusively hear the latest policy updates on Universal Credit managed migration from DWP and homelessness prevention from MHCLG. They helped to create a united voice of influence for people and practitioners in the north.
Attendees:
> Heard from central government about policy updates and plans
> Contributed experiences in order to influence central government
> Learned from the experiences of trailblazing organisations in the north
> Networked and benchmark with like minded peers
Who attended:
Senior decision makers, elected representatives and team leaders charged with supporting vulnerable people and tackling homelessness attended. The outputs from the table discussions will form a white paper that will be presented to DWP and MHCLG.
For further details email hello@policyinpractice.co.uk or call Donna Gallagher on 0742 8783581.
Visit www.policyinpractice.co.uk
Litigation and inquest forum, Nottingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Litigation and inquest forum, Birmingham - September 2016Browne Jacobson LLP
At our September forum we cover:
• Hillsborough: lessons to be learnt - by Andrew Hopkin, Partner at Browne Jacobson - the involvement of Browne Jacobson in Hillsborough and lessons that trusts and providers can take from this seminal case
• Learning lessons: identifying and communicating learning from complaints, claims and inquests - by Mark Barnett, Partner at Browne Jacobson - an interactive session giving tips and advice as to how trusts can ensure that learning is effectively disseminated to front line staff
• Inquests: the beginning or the end? The impact of inquests upon disciplinary, regulatory and criminal proceedings - by Kate Brunner QC. This session includes:
o the value of SUI's and their impact upon regulatory and employment issues
o when to whistle blow - should CQC and NCAS be involved?
o timing of internal investigations and the quality of the investigators
o referrals to the Coroner and whether to pause until after the inquest.
https://www.brownejacobson.com/health/services/inquests-and-investigations
Failing to care 12 may 2015 NFWI ResolutionHelen Tyrrell
Failing to care- assessment of need in long term care
This meeting calls on HM government to remove the distinction between health care and social care in the assessment of the needs of individuals, in order to advance health and wellbeing - North Duffield, WI, North Yorkshire East federation
At our recent claims club, we covered the following topics:
• potential implications for highway claims from the revised UKRLG Codes of Practice - Steven Conway has been involved with the Department of Transport/UKRLG review of the highway code of practice since 2011 as a contributing member and provides an update as to the progress of the review together with a look at the potential implications for highway claims from the revised code
• social care issues provide some of the greatest challenges to insurance and risk managers. Our panel of experts discussed; non-delegable duties and vicarious liability for foster parents (in the light of the Court of Appeal's consideration of our case of NA v Nottinghamshire); child sexual exploitation claims; the Goddard Inquiry; human rights claims in the family courts; and historical abuse claims - what you need to know
• rounded off with a quiz on the legal highlights of the last 12 months.
https://www.brownejacobson.com/insurance
Presented at NCVO's Trustee Conference on Monday 11 November 2014.
The presentation was by Christine Rigby, BWB and a trustee of the Charity Law Association
Nick Mott, Charity Commission. These slides will update trustees on recent legal developments, such as the new rules on campaigning. We will cover developments at the Charity Commission, including their revised conflicts of interest guidance and their approach to charity investigations, and outline changes in Scotland and Northern Ireland.
To learn more about governance: http://www.ncvo.org.uk/practical-support/governance
To find out about NCVO's Trustee Conference: http://www.ncvo.org.uk/training-and-events/trustee-conference
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Understanding the Challenges of Street ChildrenSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
Many ways to support street children.pptxSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
Russian anarchist and anti-war movement in the third year of full-scale warAntti Rautiainen
Anarchist group ANA Regensburg hosted my online-presentation on 16th of May 2024, in which I discussed tactics of anti-war activism in Russia, and reasons why the anti-war movement has not been able to make an impact to change the course of events yet. Cases of anarchists repressed for anti-war activities are presented, as well as strategies of support for political prisoners, and modest successes in supporting their struggles.
Thumbnail picture is by MediaZona, you may read their report on anti-war arson attacks in Russia here: https://en.zona.media/article/2022/10/13/burn-map
Links:
Autonomous Action
http://Avtonom.org
Anarchist Black Cross Moscow
http://Avtonom.org/abc
Solidarity Zone
https://t.me/solidarity_zone
Memorial
https://memopzk.org/, https://t.me/pzk_memorial
OVD-Info
https://en.ovdinfo.org/antiwar-ovd-info-guide
RosUznik
https://rosuznik.org/
Uznik Online
http://uznikonline.tilda.ws/
Russian Reader
https://therussianreader.com/
ABC Irkutsk
https://abc38.noblogs.org/
Send mail to prisoners from abroad:
http://Prisonmail.online
YouTube: https://youtu.be/c5nSOdU48O8
Spotify: https://podcasters.spotify.com/pod/show/libertarianlifecoach/episodes/Russian-anarchist-and-anti-war-movement-in-the-third-year-of-full-scale-war-e2k8ai4
What is the point of small housing associations.pptxPaul Smith
Given the small scale of housing associations and their relative high cost per home what is the point of them and how do we justify their continued existance
4. Ombudsman
• The Public Services Ombudsman for Wales brings together
the jurisdictions of various offices he replaced, namely the
Local Government Ombudsman for Wales, the Health
Service Ombudsman for Wales, the Welsh Administration
Ombudsman and the Social Housing Ombudsman for
Wales.
• The Ombudsman has a dual role. Firstly, he investigates
complaints by members of the public concerning
maladministration, failure in a relevant service or failure to
provide a relevant service by any "listed authority" in
Wales. Secondly, under the Local Government Act 2000, he
is responsible for policing ethical standards in local
authorities.
5. Tribunals – Appeals from
• One may be able to appeal to the Upper Tribunal
(Administrative Appeals Chamber) if you think
there was a legal mistake with a decision made
against you by certain lower tribunals and
organisations.
• One might be able to appeal if the case was
about:
• social security or child support
• mental health
• special education needs or disabilities
6. Discrimination/HR
• Another Way to challenge Government
Decisions is to look at how they impact on
vulnerable groups
• This may give rise to a Discrimination or HR
Challenge
8. Bedroom Tax Case
• The Court of Appeal has ruled that the so-called
bedroom tax discriminates against a domestic
violence victim and the family of a disabled teenager.
• The ruling followed legal challenges by a woman who
has a panic room in her home, and the grandparents of
a 15-year-old who requires overnight care.
• The removal in 2013 of what the government calls the
spare room subsidy cuts benefits for social housing
tenants with a "spare" room.
9. Bedroom Tax Case
• Both claimants argued that reg.B13 unlawfully
discriminated against them.
• The question was therefore whether the discrimination
was justified.
• In Rutherford, the Court of Appeal could find no
rational reason for why disabled adults, who required
an overnight carer, were entitled to a spare bedroom
and yet disabled children, who also required an
overnight carer, were not. This was especially so where
the Secretary of State was obliged to treat the rights of
the child as a primary consideration
10. Bedroom Tax case
• Re Rutherford v Sec of State for Work &
Pensions (2016) EWCA Civ 29 Court of Appeal.
• http://www.bailii.org/ew/cases/EWCA/Civ/20
16/29.html
12. The Growth of Welsh Law
• For the first time since the early 16th century it
is meaningful to speak once again of Welsh
law.
• Mr. Justice David Lloyd Jones, 2010.]
13. • In 2011 Wales obtained primary law making power in
devolved areas. Although there have been now some
Welsh made pieces of primary legislation so far,
‘subordinate legislation is a bigger source of law in
terms of volume.’ In 2012 Maria Navarro sought to
quantify the impact of Welsh subordinate legislation
and concluded that:
• There have been more than 2000 statutory
instruments made in Wales since 1999 which
potentially could amount to a substantial body of
different legislation … A couple of hundred of pieces
and Welsh law which are different to English
equivalents every year from the inception of Welsh
devolution soon equals a substantial body of Welsh
law.
14. • Just as the new National Assembly primary
law making powers from 2011 will lead to
more legislative activity in the National
Assembly, so any move to a reserved powers
model should substantially increase legislative
activity further. In the 10 years in 2000 - 2009
the Scottish Parliament produced 146 acts and
another 45 in the years 2010 - 2012. The
Northern Ireland Assembly has had periods of
being in suspension but from 2007 – 12 had
passed 65 acts. The Welsh Government has
passed c 25 Acts since 2011.
15. New ‘Wales Bill’
• In simple terms, the Bill takes the law that
governs the assembly and Welsh devolution and
turns it inside out.
• Currently Wales' devolved powers are explicitly
set out in a list of so-called "conferred" powers.
• The Wales Bill tries to move Wales to a system
more like the Northern Ireland assembly and the
Scottish parliament.
• There, powers kept by Westminster are defined in
a set of "reservations". Everything else is
assumed to be devolved.
16. • The Bill's critics argue the legislation, as it
stood, does not achieve the Govs stated aim
of producing a clearer settlement that would
stand the test of time.
• There are three specific areas which have
attracted criticism:
• The size and content of the reservation list:
The reservation list is pretty sizeable, with at
least 260 reservations in the original Bill.
17. • Minister of crown consents: This is where
Welsh ministers must seek consent from UK
ministers for new assembly laws which affect
something the UK government remains
responsible for. They exist already where
assembly laws put duties on non-devolved
bodies. But there were fears the way they are
implemented in the draft Bill gives rise to an
"English veto" on Welsh laws,
18. • Necessity tests: These would be needed to be
passed if the assembly would make changes to
criminal or civil law to enforce its new laws.
The assembly would need to show the new
law was necessary to perform a devolved
function. This was needed, the UK
government argued, to preserve the single
jurisdiction between England and Wales while
allowing the assembly to still make effective
laws. There were concerns that the test would
reduce the assembly's ability to make law.
19. • Stephen Crabb has now confirmed the Bill will
be delayed until May at the earliest and
revealed substantial changes to the areas
complained about.
• The necessity test will not happen and Mr
Crabb will look at shortening the reservation
list.
• There are changes for minister of crown
consents too.
20. • The issue of a separate Welsh legal jurisdiction
has now been recognised as something that
must be addressed
• A judicial working party is being created to
look at how Welsh law can be made distinctive
to deal with the growing powers of the
Assembly
21. JR Challenges in Wales
• The following are examples of where these
challenges emerge from -
• Consultation
• Lack of Consultation
• Welsh Government Codes/Guidance
• Welsh Legislation
22. Consultation
• Public consultation is not new, but citizens are
today more aware of their rights and
opportunities to contribute to public policies.
• it has now become common for voluntary,
community or campaigning groups to seek
legal advice if they believe they can challenge
a policy, a decision or a programme of action
by a public body.
23. The Gunning Principles
• The Gunning Principles can be expressed in
short form as four simple phrases
• Formative stage proposals
• Enough information to allow intelligent
consideration
• Adequate time
• Conscientious consideration
25. Rhydyfelin Library
• Consultation late 2014
• RL was not on the ‘hit list’, but added in when
final decision made
• Not a fair consultation
• RCT backed down just before trial July 2014
27. Ysbyty Glan Clwyd,
• The decision to close a consultant-led maternity unit at
Ysbyty Glan Clwyd, without consultation and citing a
shortage of doctors, caused outrage.
• A shortage of obstetric doctors was blamed for the
announcement in February of the closure of the consultant-
led maternity unit at Ysbyty Glan Clwyd in Denbighshire, north
Wales.
• Betsi Cadwaladr University Health Board claimed the shortage
had made the service unsafe for expectant mothers.
• The board said it would cease obstetrics and gynaecology
services at the hospital for 12 months while it tried to solve
the problem.
• The announcement came out of the blue, with no
consultation. Frontline medical staff, the wider community
and politicians of all sides were outraged at the decision.
28. Ysbyty Glan Clwyd
• This is about failure to consult
• The health board had, in secret, devised a plan
that would see expectant mothers in the area
facing a two-hour round trip to either Bangor
or Wrexham if they needed a consultant.
• They refused to consult saying it was an
emergency
• But an emergency that had been brewing for 2
years!
29. Ysbysty Glan Clwyd
• In July 2015 Court ordered there be a
consultation
• Took place Sept 2015
• LHB backed down
• Chief Executive suspended then left
• Health Board taken into Special Measures
31. Gwernyfed High School
• Popular Powys High School
• Earmarked for clousre
• JR challenge 2015
• Challenge based on Wales School
Organizational Code – failure to follow it when
drawing up proposal
• Powys Withdrew – but trying again
33. Denbighshire School Transport Policy
• Parents of pupils at Ysgol Brynhyfryd, Ruthin,
launched JR proceedings against the public
authority claiming that they are being
punished by the council for living in a rural
community.
• Pupils of Ysgol Brynhyfryd who live in the
Bryneglwys area, 12 miles from the school,
were previously provided with a free taxi
service to the school bus pick up point as the
route was deemed too hazardous for pupils to
walk.
34. Denbigshire
• Under the council’s plans, the free taxi service has
been cut to save costs but no alternative has been
provided for the pupils.
• Parents are now being forced to transport their
children to the bus pick up point.
• Transporting the children is a concern for many of the
parents - often snowed in during the winter months
and are unable to drive to the bottom of their steep hill
due to severe ice.
• Parents are also concerned that with work
commitments, they are unable to transport the
children before and after school.
35. Denbighshire School Transport
• This case turned on the Learner Travel (Wales0
Measure
• S3 says that children should not have to make
their way over a hazardous route
• No dispute the 2 mile route to the pick up
point hazardous
• But DCC policy says its ‘parental responsibility’
to get children to pick p point
• That is not right – if hazardous
37. Legal Aid
• LA is not dead yet (but on life support)
• Man of straw
• Community Contribution
• Uphill Battle – Courts impose a high bar – too
high
38. The Criminal Justice and Courts Act
2015, Part 4
• The Act brings in a number of changes affecting
judicial review, including third party
interventions, the materiality threshhold by
which a claim may be refused by a court, the
degree of financial disclosure required of those
funding JR, and, new rules on Cost Capping
Orders (previously termed PCO's or Protective
Costs Orders). The interpretation and application
of this Act may have serious consequences for
individuals and organisations intending to bring
legitimate challenges to unlawful behaviour by
public authorities
39. Materiality and the “highly likely”
test (Section 84)
• Section 84 of the CJCA 2015 introduces a new
‘materiality’ threshold for judicial review
applications. This requires the High Court to
refuse to grant permission or relief “if it
appears to the court to be highly likely that
the outcome for the applicant would not have
been substantially different if the conduct
complained of had not occurred”.
40. Financial disclosure (Sections 85-86)
• Sections 85 – 86 introduce a new requirement
for claimants to disclose information about
sources of funding available for litigation or
“likely to be available”. The information
provided must be taken into consideration by
courts when deciding whether to make a costs
order. Section 88 introduces a similar
requirement for the disclosure of information
by applicants for a costs- capping order.
41. Interveners and costs (Section 87)
• These new provisions reflect existing practice
by creating a presumption that third party
interveners will not generally recover their
own costs in any case except in exceptional
circumstances. More importantly, in a change
from existing practice, the CJCA 2015 creates a
new duty to award costs against the
intervener in cases where any one of a specific
list of conditions is satisfied.
42. • a) the intervener has acted, in substance, as the
sole or principal applicant, defendant, appellant
or respondent;
• b) the intervener’s evidence and representations,
taken as a whole, have not been of significant
assistance to the court;
• c) a significant part of the intervener’s evidence
and representations relates to matters that it is
not necessary for the court to consider in order
to resolve the issues that are the subject of the
stage in the proceedings; or
• d) the intervener has behaved unreasonably.
43. Costs capping orders (Sections 88-90)
• The stated purpose of Sections 88-90 is to
place the mechanism for costs protection in
public interest cases, developed following the
guidance of the Court of Appeal in Corner
House, on a statutory footing.
44. • PCOs were developed in a series of cases
culminating in the landmark Corner House
guidelines.163 PCOs are rare.164 However,
they have represented a significant common
law safeguard for access to justice in those
important cases, the hearing of which is in the
public interest, and which, without costs
protection, would not proceed.
45. • Section 88(6) provides that a court may only
make a costs capping order if it is satisfied
both that the proceedings are “public interest
proceedings” and that without such an order,
the applicant would be acting reasonably by
withdrawing or ceasing to participate in the
proceedings.
46. • Section 88(3) CJCA 2015 provides that a costs capping
order may only be made if permission to apply for
judicial review has been granted. This is a significant
change in practice. At present, PCOs can be sought at
any stage in proceedings.
• permission stage costs may be substantial and could
pose a significant deterrent to individuals with limited
means who seek to challenge unlawful activities by
Government and public agencies. Concern was
expressed during the passage of the Act that this
change could significantly restrict the ability of costs
capping orders to serve the public interest in ensuring
that public interest issues are considered by the courts.
47. Thank You
• Michael heads the Pubic/Administrative law department at Watkins
and Gunn and has undertaken a number of high profile claimant
judicial review challenges. These have been mainly in respect of
service closures and downgrades such as hospital, schools, libraries
acing for communities challenging local and national government.
He has been involved in a number of legal challenges testing the
devolved settlement in Wales. He has experience in acting for
children with special educational needs and in admission, exclusion,
transport and school closure cases. Michael is also recognised as a
leader in the field in claimant personal injury work (See ‘Chambers
UK’ 2015). He is the principle solicitor acting for the Trade Union,
Community, in Wales and the West Country. Michael is a former
president of the Cardiff & District Law Society, a member of the Law
Society Wales Committee, a Vice Chair of the Legal Aid Agency
Special Controls review Panel. He is a longstanding school governor
and a trustee of several charities.
48. THANK YOU
• The material for this presentation has been prepared solely for the benefit
of delegates. It is designed as an integral part of the presentation. It
should not be used for giving specific advice. No responsibility for any loss
or consequential loss occasioned by any person acting or refraining to act
as a result of this material can be accepted by the presenter or by Watkins
& Gunn. No part of this material may be reproduced in any form without
the prior permission of Watkins & Gunn. Any comments made in the
course of the presentation which may relate to a specific matter are
expressions of opinion or suggestions only and must not be construed as
advice.