Public and Administrative Law News

3PB’s David Richards, Head of the national chambers’ Public & Regulatory Law team, and pupil barrister Dr Tagbo Ilozue have reviewed three new key regulatory cases, covering environment regulation, food safety and housing regulations, all handed down since the UK went into lockdown. Their review can be accessed by clicking here. The case of Mustafa and Breslin v The Environment Agency deals with issues arising under the Environmental Permitting Regulations. The housing regulation case of...

3PB Barristers’ regulatory counsel David Richards, Head of the national chambers’ Public & Regulatory Law team and pupil barrister Dr Tagbo Ilozue have published a digest of recent criminal law developments and relevant case law since the UK went into lockdown. The new lockdown law guide from 3 Paper Buildings (3PB Barristers) covers Coronavirus Act 2020, Terrorist Offenders (Restriction of Early Release) Act 2020, Criminal Procedure (Amendment|) Rules 2020, Criminal Procedure (Amendment No.2) (Coronavirus) Rules...

David Richards, head of the marine group at 3PB and pupil barrister Dr Tagbo Ilozue have reviewed national and international maritime responses to the Covid 19 crisis, looking in particular at the UK regulatory framework that may be used to police responses to the coronavirus beyond the current lockdown. The two maritime barristers and co-authors suggest that shipowners and employers of seafarers are best advised to take account of the special features of coronavirus and...

In what is described as ‘’the worst public health crisis in a generation’’, Mariya Peykova, a pupil barrister at 3PB reviews the powers of public health officers, constables and immigration officers and how the newly imposed laws will affect the rights of any individual infected with Covid-19. Her review also finds that the duration of measures and the manner in which the relevant powers are exercised will need to be continuously scrutinized to ensure that...

Last month the Coronavirus Act 2020 (CA 2020) received Royal Assent and the Health Protection (Coronavirus, Restrictions (England) Regulations 2020, SI 2020/350 (the ‘Regulations’) came into force. These give wide new enforcement and prosecution powers to the police and local authorities, on health protection grounds. 3PB's crime and regulatory barrister Jonathan Underhill reviews these powers and the restricting the movement of people. These actually replace earlier regulations designed to limit the use of, and then...

In the context of the lockdown set down in The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, 3PB criminal barrister Graham Gilbert reviews the concept of “reasonable excuses” and when it is acceptable to leave your house, including what might be deemed sensible beyond those circumstances provided by regulation 6(2) of the Coronavirus Regulations. Click here to read Graham's analysis. Graham Gilbert is a barrister in 3PB’s criminal and public regulatory teams. Click here to...

3PB Education and public law barrister Matthew Wyard examines the impact of the new Coronavirus Bill on the independent education sector and uncovers some unexpected roles and demands on private schools. Click here to read Matthew's analysis. Matthew Wyard has practised in the field of education law for 8 years and is happy to represent any party in educational disputes. He is currently writing for the forthcoming, inaugural edition of the new Education Law Handbook...

Education and public law barrister Matthew Wyard and Paul Wyard of Sinclairslaw review Nottinghamshire CC v SF and another, a case in which the Court of Appeal held that the First-Tier Tribunal  had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for a child in accordance with an EHC Plan – even...

Matthew Wyard analyses Re: ACC &Ors [2020] EWCOP 9, a case concerning the conflicts of interests that may arise where property and affairs deputies instruct a firm with which they are associated to carry out instructions for P,  or to conduct litigation on P’s behalf. Click here to read Matthew's analysis. Click here to view a copy of the judgment. Matthew Wyard is a public law barrister specialising in the fields of health (including Court...

Charlotte Hadfield and Matthew Wyard, instructed by Sinclairslaw, acted for the parents in the decision, handed down today, of Nottinghamshire County Council v SF and GD. The case concerned an appeal brought by Nottinghamshire County Council against the earlier Upper Tribunal decision of the same name ([2019] UKUT 243 (AAC)) which itself was an appeal against a decision of the First Tier Tribunal requiring the local authority to issue an EHC Plan to HD. The...

3PB is pleased to welcome Matthew Wyard, a public law barrister specialising in the fields of education, health and social care. He joined chambers having spent his first few years of practice as an employed barrister in the public law and commercial litigation departments of a well-known specialist public law firm. Matthew brings significant experience of court-based and advisory work for claimants and local authorities in education matters, individuals and institutions in Court of Protection disputes...

3PB Barrister Sunyana Sharma secures a conviction and sentence for the Maritime Coastguard Agency against the Master, Daniel Wakefield and the Company, London Party Boats Ltd following a collision of the vessel ‘Jewel of London’, a passenger class V vessel on the River Thames. On 13 December 2018 the ‘Jewel of London’ collided with the Marine Policing Unit pontoon in Wapping when the Master of the vessel fell asleep at the wheel after passengers had...