| Cloisters |
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Public
law, human rights, and judicial review
We have long
had a reputation as one of the foremost chambers in public law and
civil liberties. We offer advice and advocacy to both specialist
public law solicitors and those encountering judicial review for
the first time, appearing for claimants and defendants. Our disciplines
include:
* Local government
and healthcare: Our cases include community care, social services,
vires challenges, housing and planning. Many local authorities,
health authorities, and other public sector bodies instruct Cloisters.
* Employment: HRA and natural justice issues are pursued in employment
cases, for example on submissions about compatibility of domestic
law with EU and ECHR jurisprudence, or rights to privacy at work.
Members produced OUPs Employment Law and Human Rights.
* Constitutional law: We appear in Privy Council cases and advise
a number of foreign and commonwealth governments. Members include
a distinguished professor who is co-author of the leading text Bradley
and Ewings Constitutional and Administrative Law, and serves
on a number of national and European committees. Recently, the 5,000
Chagos Islanders were represented by a Cloisters team in their claim
for compensation for their removal 30 years ago to make way for
a US airbase.
* Education: Work includes high profile public and private law challenges
on schools admissions, assessment of special needs, closures, negligence
claims, discrimination, SENT jurisdiction, bullying etc. We were
responsible for the first successful challenge under the HRA to
a schools admission decision. We edit the Education Law Journal
case commentaries, and we have been appointed legal advisers to
the disciplinary committee of the General Teaching Council.
* Care homes: We are instructed by the National Care Standards Commission
and home owners, and have conducted numerous panel and representation
hearings, presented and defended emergency closure applications
and prosecutions, and handled appeals to the Registered Homes Tribunal
(RHT) and Care Standards Tribunal (CST), and on point of law to
the High Court. Members produced the OUP textbook The Care Standards
Act 2000.
* Immigration: Members of Cloisters appear in cases at all levels
ranging from habeas corpus to asylum adjudications. Senior members
of the immigration team are known particularly for free movement
related arguments, human rights and association agreement cases.
We regularly write on immigration and human rights matters. The
team contributes to and edits ODempsey and Supperstone on
Immigration and Asylum.
* Social security: We are instructed in social security cases at
all levels, from appeal tribunals to the Commissioners, judicial
review and further appeals. We also provide advice to government
and other organizations. We have significant expertise and experience
in the field, and one of the team was the author of the Disability
Rights Handbook (6th to 18th editions) and now co-edits the social
security updates in Legal Action magazine.
* Crime: Judicial review challenges arise from the investigation
of commercial and other crime, relating to privacy for example,
and Cloisters continues to offer specialist expertise in this area.
* Commercial judicial review: One of our senior members is the launch
editor for Commercial Judicial Review Law Reports, and also co-authored
the Sweet & Maxwell book Commercial Judicial Review. We have
considerable expertise in bringing public law principles to commercial
disputes.
We also offer
experience in discrimination, public inquiries, regulatory matters,
inquests, legal aid, public procurement, civil liberties, extradition,
freedom of information, and prison law.
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