Judicial review

Our Judicial Review team provides expert advice on public and administrative law and regularly advises public law clients on protecting their interests and defending against the threat of Judicial Review challenges.  

Main areas of practice 

Our Judicial Review team has extensive and highly regarded experience across numerous areas of public law.  The team has dealt with challenges to decisions made within the NHS, central government, local government and national regulators and decisions concerning procurement, healthcare reorganisation, education, information governance, housing policies, immigration sponsorship issues, mental health and capacity, fertility and genetics, social care, equality and human rights. 

Blake Morgan also has experience of advising claimants as to the potential for Judicial Review and how to frame their challenge.  

Clients 

Our specialist Judicial Review lawyers have represented not only an impressive list of  public bodies but also non-public entities that are susceptible to Judicial Review or are interested parties in Judicial Review claims.

Examples of clients we have helped include:

Department of Health Hywel Dda Local Health Board
Milford Haven Port Authority Welsh Language Commissioner
The Adjudication Panel for Wales Human Fertilisation and Embryology Authority
Independent Housing ombudsman Human Tissue Authority
NHS Gloucestershire University of South Wales
Trust Special Administrators (Mid Staffordshire NHS Foundation Trust) 

Significant experience 

Examples of how are Judicial Review experts have helped clients include:

  • Advising the Trust Special Administrators appointed by the Secretary of State to deal with provision of health services within Mid Staffordshire in relation to a Judicial Review claim regarding their recommendations to the Secretary of State for Health.
  • Representing Hywel Dda Local Health Board in defending Judicial Review proceedings brought against it in relation to the Health Board’s reorganisation of health services.
  • Acting for the 7 Health Boards in Wales to successfully defeat a challenge to their interpretation of section 49 Health and Social Care Act 2001 brought by 11 care home providers, supported by 21 local authorities in Wales. The Court of Appeal agreed that Health Boards are responsible only for the cost of nursing care, rather than personal or social care which might, on occasions, be delivered by a Registered Nurse. The decision has saved the NHS in England and Wales an estimated £250 million per annum. R(Forge Care Homes) v Cardiff and Vale University Health Board [2016] EWCA Civ 26
  • Successfully acting for NHS England in the first case to consider the NHS (Competition, Procurement and Patient Choice) No 2 Regulations 2013. The case concerned an application for Judicial Review of a decision by NHS England not to contract with a provider for an interim period pending a national review and procurement of the service in question. Damages were also claimed under the Human Rights Act 1998. QSRC Ltd (QSRC), Regina (On The Application Of) v National Health Service Commissioning Board (NHS England) And Another; Admin 21 Dec 201
  • Advising The Adjudication Panel for Wales regarding challenges brought against Panel decisions to circumvent the inability to appeal the decision.
  • Advising NHS Gloucester regarding a challenge brought to their proposal to transfer services to the management of a community interest company.
  • Advising the Welsh Language Commissioner on her ability to exercise statutory powers and apply for a Judicial Review of the decision of National Savings and Investments (NS&I) to discontinue its Welsh language scheme.
  • Advising the Human Fertilisation and Embryology Authority on a range of challlenges concerning issues of harvesting, removal and posthumous use of gametes.

Additional expertise 

Our experience team provides training to clients on the risk of Judicial Review challenges and how to avoid such challenges.  

Related expertise

Main contacts

Related Knowledge & Resources

Judgment from the Supreme Court in Welsh Care Home Sector case

News

Our team represented a client in the Supreme Court where a judgment was handed down.

Court of Appeal finds for the NHS in Blake Morgan Welsh Care Home Sector case

News

Allan Wilson, Partner and Hannah James, Senior Solicitor of Blake Morgan, with Counsel Fenella Morris QC and Benjamin Tankel of 39 Essex Street Chambers, successfully defend the NHS in Wales from a multi-million pound challenge by care home providers

QSRC LTD (‘QSRC’), Regina (on the Application of) -V- National health service Commissioning Board (‘NHS England’) and another

News

Judgment was handed down on Monday 21 December in the first case to consider the NHS (Competition, Procurement and Patient Choice) No 2 Regulations 2013, and in which case Blake Morgan acted for the defendant, NHS England.

Judicial review changes likely to become law

The House of Lords' decision to remove controversial provisions was reversed by the House of Commons, and now the proposed changes have been reinserted.

Are Interested Parties more at risk on costs?

Following a recent decision by Mr Justice Blake, Interested Parties in judicial review proceedings may be concerned that the courts are more likely to make costs orders against them in the future where challenges fail.

Developing Equality?

This briefing summarises challenges by way of judicial review relating to decision – making and policy formulation where the challenge has included an alleged failure by the public body to comply with its duty under the Equality Act 2010.