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, secret courts and the giving of evidence anonymously. Other big-ticket work comes from public inquiries: The Independent Inquiry into Child Sexual Abuse and Grenfell Tower Inquiry are two more recent examples. However, for every (in)famous case reported in the media, there are hundreds relating to daily decisions taken by public bodies on immigration, welfare, planning and school places.
The most important process in public practice is judicial review: the Administrative Court may order that any decision made unlawfully be overturned or reconsidered. Decisions are often reviewed on the basis of the Human Rights Act 1998.
The realities of the job
- The Administrative Court is extremely busy, so an efficient style of advocacy is vital.
- Barristers must cut straight to the chase and succinctly deliver pertinent information, case law or statute. They need a genuine interest in the legislative process and the fundamental laws of the land.
- A real interest in academic law is a prerequisite. Complex arguments are more common than precise answers.
- While legal intellect is vital, public law's real world 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
October 2023
- In May 2022, the public inquiry into the government’s handling of the coronavirus pandemic completed its first phase. The first stage saw the chairman of the enquiry - Baroness Hallett - spend time speaking to bereaved families, representatives of the public health sector, mental health impact and children's education to collect evidence. The fallout surrounding Boris Johnson’s resignation and the subsequent conservative governments now means that the inquiry is unlikely to be published until 2025, but next step in public hearings will begin October 2023.
- Liz Truss’s stay in Downing Street was short but the impact of her decision regarding scrapping the Human Rights Act for the updated Bill of Rights is one that continued since her exit. There were queries surrounding the removal of certain protections that the Human Right Act has but the government confirmed the update will strengthen the freedom of speech. However, the decision was to not proceed with the Bill of Rights as a replacement of the Human Rights Act as the government continue to work a plan that works for both the British people and government.
- While many existing rules in the UK emanate from the EU, a good chunk have been incorporated directly into UK law. The government has stated it intends to leave the jurisdiction of the European Court of Justice, so it can no longer hear English cases on appeal. The UK will remain part of the European Court of Human Rights in Strasbourg, however, as this is part of the Council of Europe not the EU.
- While many existing rules in the UK emanate from the EU, a good chunk have been incorporated directly into UK law. The government has stated it intends to leave the jurisdiction of the European Court of Justice, so it can no longer hear English cases on appeal. The UK will remain part of the European Court of Human Rights in Strasbourg, however, as this is part of the Council of Europe not the EU.
- Concerns have been raised regarding the extent to which legal aid is available for immigration and asylum practitioners. The Nationality and Borders Act 2022, critics argue, has failed to deliver increases in legal help fees or exceptional case funding, and a lack of changes for complicated processes like refugee family reunion will have significant implications. Research published by the Public Law Project (PLP.)
- In July highlighted a 15% increase in fees for legal aid providers who work with cases regarding the Illegal Migration Bill, which has been considered not enough. The PLP furthered this with advice to the Ministry of Justice to raise legal aid alongside inflation and incentivising youth legal aid practitioners to stay in the industry.
- The expansion of ULEZ in London will continue as the government beat High Court claims made against them by local government who critique it. The outer boroughs of London such as Bexley, Bromley and Hillingdon raised concerns that consultancy was inadequate, and the £110 million plan created was flawed. However, the judge dismissed the challenge. Mayor Sadiq Khan continues to push the current ULEZ parameters to the entirety of greater London in bid of “the public health emergency” caused by air pollution.
- The UK infected blood scandal was dubbed “worst treatment disaster in the NHS”, with the former Theresa May raising a public enquiry back in 2017. In October last year, whilst continuing to hear evidence, the government made first compensation payments to around 4,000 surviving victims and widows. However, the inquiry has now raised that the compensation should be extended to affected parents and children of victims of the scandal, furthering the inquiry. The final report is to be expected in the fall of 2023.
Some tips
- The competition for public law pupillages is exceptionally fierce. Having the highest possible academic credentials is key when applying to a public law set but most successful candidates will also have impressive hands-on experience in the public or voluntary sectors.
- 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.
- If administrative and constitutional law were not your favourite subjects you should reconsider your decision before choosing public law.