Public and Administrative Law
What is the KRW Public and Administrative Law Department known for?
The Public and Administrative Law Department specializes in bringing legal challenge against the abuse of authority, jurisdiction and power by state institutions. The Department represents the interests of individuals and groups when confronted by the maladministration of power by public authorities and agencies including police forces, local authorities, education and health care statutory suppliers.
The focus of the work of the Department is on Judicial Review of statutory agency decision-making and legislative interpretation. Public law challenges are sometimes run parallel to civil law actions recognizing the benefit to clients of strategic litigation approaches which are often supported by successful legal aid – public funding applications.
The Department works with civil society organisations/NGOs, the media and academia, charities and support groups to facilitate access to justice in he face of the abuse of state powers in areas which include National Security, press freedom, prisoner rights, inquests, access to mental health support and advocacy, environmental protection and health care provision.
Many of these are legally aided applications based on our expertise in securing public funding forapplicants. We work with NGOs, investigative journalists, academics , lobby groups , charitable organisations , human rights groups and other activists to secure access to litigation expertise in prison,mental health, human rights , police practice and environmental law issues .
Who are the Public and Administrative Law Team?
Our Public and Administrative law Team is led by Kevin Winters, Niall Muphy and Paul Pierce. Expertsupport is provided by Solicitors Michael Clements and Owen Winters who are assisted by ChristopherStanley, Anurag Deb and trainee solicitor Conor Cunningham.
Overview of the Work of the Public and Administrative Law Department
The Public and Administrative Law Department has a 20-year proven track record in bringing successful judicial review challenges. The Department has represented clients before the higher courts of Northern Ireland and the Republic of Ireland and before the Court of Appeal of England and Wales and the UK Supreme Court.
Challenges to police powers include successful applications against the PSNI regarding stop and search powers and search and entry powers (including unlawful seizure of journalist material).
We have successfully secured recognition of regulators to acknowledge recognition of mental health care provision and health care in relation to access to medial cannabis. The Department was active during the out-workings of the Covid-19 pandemic specifically regarding regulatory failures regarding safeguarding in care homes and the visiting provisions.
The Department successfully challenged the decision on scope in the resumed Birmingham Pub Bombings 1974 and was the first to challenge a decision of the Attorney General for Ireland in failing to direct an inquest.
The Department continues to challenge the unlawful reliance on Neither Confirm nor Deny in National Security matters by the police. Owen Winters successful challenged this policy in relation to a pedophile Catholic priest who was also a police informer. Unlawful surveillance by the police of journalists and a challenge to RIPA is currently being considered by the Investigatory Power Tribunal (IPT), at the Royal Courts of Justice in London.
The work of the Department also encompasses information rights, specifically applications made under the Freedom of Information Act 2000. To date we have conducted a number of successful challenges to FOIA exemptions based on National Security in relation to material held by the PSNI and the Northern Ireland Office. We have facilitated Subject Access Requests to medical records on behalf of individuals.