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Political Litigation

Public Law and Politics

Our public law, judicial review and political disputes lawyers help clients challenge unlawful Government and regulatory decisions, resolve sensitive disputes, and engage effectively with policy and legislative change.

Public law, judicial review and political disputes lawyers

We advise businesses, investors, regulated entities, industry bodies, non-governmental organisations and individuals whose interests are affected by Government decisions, regulatory action, public consultations or shifting policy. Our Public Law & Politics team helps clients understand the legal consequences of that impact - from challenging an unlawful decision, to resolving a sensitive dispute, to shaping policy before it is set.

Our clients come to us when public law, politics and reputation intersect: when a decision needs to be challenged, a regulatory issue requires a strategic response, a political dispute must be resolved, or where they require input on policy.

We understand how Government, Parliament and regulators work, bringing intellectual and strategic rigour to matters ranging from complex commercial judicial review claims to high-profile political issues.

Public law and politics is part of Mishcon de Reya's DNA. Our founder, Lord Mishcon, sat on Labour's front bench in the House of Lords, acted as a trusted emissary in the first informal conversations that led to the Jordan-Israel peace treaty of 1994, and was an incisive voice in Parliament on legal affairs and public causes. We continue that tradition today, combining commercial acumen with an incisive knowledge of the political and regulatory landscape.

We are politically independent and do not take a political position. Our role is to identify practical, inventive and impactful legal solutions for the issues our clients face.

We work closely with the Climate, Nature and Human Rights Litigation group in relation to matters engaging environmental or community concerns.

Public law, judicial review and political disputes services

Judicial review and public law

We are experts in public law and holding public bodies to account, whether the issue is a contentious policy decision or a specific Governmental or regulatory act that affects a client's business, operations or wider interests. We regularly act for corporate clients, investors and regulated businesses, as well as individuals and organisations bringing claims of broader public importance. Our advice covers:

  • judicial review claims for corporate organisations challenging issues fundamental to their operation
  • judicial review claims for individuals and non-governmental organisations
  • complaints to regulatory bodies and challenges to regulatory decisions
  • procurement challenges, including bid disputes under the Procurement Act 2023
  • human rights claims, for claimants and defendants
  • advice on responding to public consultations
  • inquests and inquiries
  • Select Committee appearances
Political disputes and election law

We advise on contentious matters at the intersection of politics and law, 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
  • 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
  • complaints to the Electoral Commission
  • advice on obligations under election law, including the Representation of the People Act 1983 and the Political Parties, Elections and Referendums Act 2000
  • sanctions advice

 

Public affairs, lobbying law and policy

We help clients who are seeking to input into policy and legislation, engage with Government decision-makers or pursue changes in the law. Navigating Westminster, Whitehall, public bodies and the media can be challenging; our success in this area comes from knowing how to make the right legal arguments, to the right people, at the right time. We have strong relationships with public affairs firms, working alongside them to offer clients an integrated legal and communications strategy. Our advice covers:

  • the legal framework for engaging with Government, including lobbying registration, and transparency requirements
  • drafting legislation and amendments
  • the legal routes available to bring about change, from consultation responses to judicial review

Why choose Mishcon de Reya for public law and political disputes?

  • a distinctive political heritage, dating back to our founder's role on Labour's front bench in the House of Lords and as a diplomatic emissary
  • experience in flagship constitutional litigation, including Gina Miller's two successful Supreme Court cases on Article 50 and prorogation
  • a combination of legal, political and public advocacy experience under one team, giving clients a single point of contact across complex reputational issues
  • strong, independently verified recognition, including from Legal 500 and Chambers & Partners

If you are considering a judicial review, responding to regulatory action, managing a political dispute or seeking to influence policy or legislative change, please contact a member of the Public Law & Politics team.

Frequently asked questions

What is judicial review and when can a business use it?

Judicial review is the legal process by which a court examines whether a decision by a public body – such as a government department, regulator or local authority – was made lawfully. Companies, investors and regulated businesses, as well as individuals, can bring a judicial review where a decision affecting them was made without the necessary legal power, followed an unfair or inadequate consultation process, or failed to take relevant evidence into account. Early advice is important, given the strict time limits that apply to judicial review claims. Judicial review is not a means of challenging a policy merely because a business disagrees with it.
 

What is the difference between challenging the merits of a policy and challenging its lawfulness?

A court will not overturn a decision simply because a business disagrees with the policy decision. Judicial review examines the lawfulness of the decision-making process, for example, whether the decision-maker had the power to act, consulted properly, and considered the relevant evidence rather than whether the decision was the right one on the merits.
 

Do you handle procurement challenges and bid disputes?

Yes. We advise bidders, contractors and public bodies on procurement complaints and bid challenges, including under the Procurement Act 2023, from early strategic assessment through to litigation.
 

Is Mishcon de Reya politically independent?

Yes. As a firm, we are politically independent and do not take a political position. We advise clients across the political spectrum on the legal issues arising from their engagement with Government, Parliament and political parties.
 

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