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Political Litigation

Politics and Law

With a long history of involvement in public causes and public law, advising on the relationship between politics and the law is part of Mishcon de Reya's DNA.

The firm's founder, Lord Mishcon, a renowned lawyer and member of Labour’s front bench in the House of Lords, made his mark in international and domestic affairs, as a trusted emissary during the first informal conversations that resulted in the Jordan-Israel peace treaty of 1994; in Parliament, as an incisive spokesman on legal affairs and public causes; and as a lawyer through the wise counsel he offered his clients.

We continue this tradition of guiding, advising and supporting our clients in navigating legal issues with a political or public law angle, in a constantly changing landscape. The work we do comprises public law, political disputes and public advocacy, and has led to us building connections in Government, with policy makers, political parties and activists. This extensive network means that we have the ability to identify practical and inventive solutions to help our clients address the issues they face. 

Through Mishcon Future, we also provide our clients with a comprehensive range of services and resources tailored to assist them in shaping future policy on and regulation of emerging technology.

As a firm, we are politically independent and therefore do not take a political position.

Our work

We offer the following services: public law and human rights; political and electoral disputes; and public advocacy and advisory work.

We are experts in public law and holding public bodies to account, whether that be on a contentious policy issue or on a Governmental or regulatory decision which has affected a client's business. We advise on a broad range of issues, including:

  • Judicial reviews for individuals and non-governmental organisations, including in two of the most high-profile judicial reviews in recent times, for Gina Miller against the Government
  • Judicial reviews for corporate organisations challenging issues fundamental to their operation, including advising a corporate client in a challenge against its regulator in relation to unlawful guidance issued without due consultation
  • Procurement complaints
  • Inquests and inquiries
  • Select Committee appearances
  • Human rights claims, for claimants and defendants, including relating to the housing of asylum seekers in hotels during COVID-19
  • Complaints to regulatory bodies, including acting for the Jewish Labour Movement in relation to the Equality and Human Rights Commission investigation into antisemitism in the Labour Party and acting for clients in relation to issues raised before the Charities Commission
  • Advice on responding to public consultations

We advise on contentious issues which touch on politics, informed by our team's deep understanding of the political landscape and political party rules, including:

  • Internal political party disputes, including disciplinary and selection issues;
  • Making and defending complaints to Parliamentary regulators, including the Parliamentary Commissioner for Standards, the Independent Parliamentary Standards Authority, the Committee on Standards in Public Life and the Office of the Registrar of Consultant Lobbyists
  • Making and defending complaints to the Electoral Commission
  • Sanctions advice
  • Defending politically motivated persecutions, including advice on extradition

We are experienced in helping those who are seeking to input into policy, engage with Government decision makers or change the law. Navigating the world of Westminster, Whitehall, the plethora of public bodies and the media, our success in this area is because we know how to make the right arguments, to the right people at the right time. We have strong relationships with public affairs firms to offer an integrated legal and communications strategy and are experts at marshalling legal arguments to bring change.

In our political consultancy work, we also work closely with Mishcon Purpose and Mishcon Future to help clients seeking to contribute to the shaping of Government policy.

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