In a nutshell

Centred on the Administrative Court, public law relates to the principles governing the exercise of power by public bodies. Those which most often appear as respondents in the High Court include government departments, local authorities, the prison service and NHS trusts. Often the headline cases are challenges to central government policies, like terror suspect control orders, the extradition of failed asylum seekers, the anonymity of giving evidence and the Sex Offenders Register. Other big-ticket work comes from public inquires: the Bloody Sunday, Hutton and Victoria Climbié inquiries are all illustrative examples. However, for all the (in)famous cases reported in the media, there are hundreds of public bodies taking daily decisions that affect just about everybody in the country. It is decisions like these – on immigration, welfare, planning applications or a child’s school allocation – which provide most work for private practitioners. The most important process in public practice is judicial review: the administrative court may order that any decision made unlawfully be overturned or reconsidered. Nowadays – much to the dismay of the Daily Mail – decisions are often reviewed on the basis of the Human Rights Act 1998 (HRA). Human rights issues continue to be a major source of work for the Public Law Bar. Many barristers also have practices in areas that dovetail with their public law practice. Criminal barristers will, for example, frequently handle issues relating to prisoners or breaches of procedure by police, whereas commercial barristers may handle judicial review of decisions made by the Department of Business, Innovation and Skills. Equally, barristers who do not profess to specialise in public law may undertake some judicial review work.

The realities of the job

• The Administrative Court is extremely busy, so an efficient style of advocacy is vital. Barristers need to cut straight to the chase and succinctly deliver pertinent information, case law or statutory regulations.
• Barristers need a genuine interest in the legislative process and the fundamental laws by which we live.
• A real interest in academic law is a prerequisite. Complex arguments are more common than precise answers.
• While legal intellect is vital, frequently real world, emotive issues demand a practical outlook and an ability to stand back from the issue in question.
• Junior barristers often hone their nascent advocacy skills at the permissions stage of judicial review in short 30-minute hearings.

Current issues

• The Planning Act 2008 introduced a new system for decisions on applications to build nationally significant infrastructure projects (NSIPs).
• The relentless reforms to legal aid funding will affect public law cases and the livelihoods of barristers.
• From autumn 2011, the Freedom of Information Act will be extended to cover UCAS, Academy Trusts, the Association of Chief Police Officers and the Financial Ombudsman Service. This will mean that pressure groups, the media and individuals will be able to scrutinise the actions, plans and success of these public bodies ever more closely.
• In March 2011 the government set up a commission to investigate whether the HRA should be replaced with a British Bill of Rights. It is due to report by the end of 2012.
• There are an increasing number of coroners’ inquests, with prison and military deaths dominating the field.

Some tips

• Having the highest possible academic credentials is key when applying to a public law set but many candidates will also have significant hands-on experience or related further academic study.
• The competition for public law pupillage is exceptionally fierce.
• Public international law is popular, but it’s an incredibly small field with few openings. Moreover, it’s dominated by sitting or ex-professors at top universities, alongside Foreign Office veterans and the occasional senior barrister.
• If administrative and constitutional law were not your favourite subjects you should consider your decision before choosing public law.
• As a rewarding alternative, there are opportunities available within the Government Legal Service.
• An interest in current affairs is essential.