Practice Areas
Administrative Law and Human Rights
The decisions, actions, omissions and policies of government are subject to the constraints and duties imposed by administrative law. Where a public authority - from a local council to an organ of central government - fails to act in accordance with the law, it can be challenged. At PIL, we help individuals and non-governmental organisations to hold government to account by means of judicial review. Our experienced team is able to take on a wide range of public law cases. In the last year alone, PIL has enjoyed the following successes:
- - Al-Skeini
and Others v the United Kingdom, where Iraqi nationals established before
the Grand Chamber of the European Court of Human Rights that the Secretary of
State for Defence must investigate the deaths of their families members
because, contrary to what the House of Lords had held, they did fall within the jurisdiction of the
UK for the purposes of the European Convention on Human Rights when they were
killed;
- - Al-Jedda
and Others v the United Kingdom, in which the Grand Chamber held that if the
UN Security Council is to displace human rights laws, in this case in Iraq,
then it must do so expressly. For that
reason, the applicant had been detained unlawfully;
- - Al-Bazzouni
v Secretary of State for Defence, the challenge to the Government’s “hooding”
guidance in which PIL established that hooding is always unlawful and can never
be repeated by UK state agents;
- - The Baha
Mousa Inquiry Report, in which Sir William Gage documented the many MoD
corporate failures and individual abuses that lead to the brutal death of
tortured Iraqi hotel receptionist, Baha Mousa, whilst in the custody of 1
Queen’s Lancashire Regiment in Basra;
- - Hurley and
Moore v Secretary of State for Business, Innovation and Skills, a case in
which PIL has successfully obtained permission from the High Court to challenge
the decision to allow universities in England and Wales to charge incoming
students up to £9,000 per year in tuition fees.
The full hearing in the case will take place on 1 and 2 November; -Suppiah
and Others v Secretary of State for the Home Department, in which two
single mothers and their young families successfully argued that their
detention at Yarl’s Wood Immigration Removal Centre had violated their rights
to liberty and security of the person, establishing that child detention in
this country could be lawful only if carried out on an ‘exceptional basis’;
- - Evans v
Lord Chancellor and Secretary of State for Justice, where Maya Evans
successfully challenged the Ministry of Justice’s decision to deny legal aid to
litigants who did not stand to gain a personal or family benefit from a
judicial review action. PIL exposed the
role played behind the scenes –and not disclosed to the public – by the
Ministry of Defence, which, it transpired, had warned an MoJ Minister of the
“threat to national security” posed by PIL’s public interest cases;
- - Um Haider
v Secretary of State for Foreign & Commonwealth Affairs, where an Iraqi
woman successfully settled her case alleging abuse by contractors working at
the British Embassy in Baghdad;
- - Al-Saadoon
and Mufdhi v the United Kingdom, another landmark Strasbourg case in which
the Grand Chamber refused the UK’s referral of the case to its jurisdiction
following PIL’s success in March 2010 in establishing that awaiting the death
penalty constituted torture. Mr
Al-Saadoon and Mr Mufdhi, who faced the death penalty by hanging as a result of
their transfer to the Iraqi authorities by British Forces, are now free men;
In addition,
the Court of Appeal will shortly decide on whether the Secretary of State for
Defence must now order a public inquiry into the ill-treatment of hundreds of
Iraqis detained by British Forces between 2003 and 2008. A separate inquiry is already being conducted
into allegations of unlawful killings by British soldiers at Camp Abu Naji in
May 2004.
Meanwhile the High Court has heard PIL’s judicial review challenge to library closures in Somerset and
Gloucestershire, and PIL is also preparing to challenge the tuition fees
regimes in Scotland and Northern Ireland as they apply to students from
elsewhere in the UK. PIL acts for Omar Awadh Omar, a Kenyan national rendered to Uganda apparently at the instance of MI5 and the FBI following the Kampala "World Cup Bombings" in July 2010. Omar has been repeatedly interrogated, ill-treated and is currently being held on capital charges. Finally, PIL is challenging the deportation order served in respect of Ekaterina Zatiluveter, a former research assistant to Mike Hancock MP who is accused of being a Russian spy.
Environmental and Planning Law
Since 1999, PIL has acted in a string of cases brought on behalf of environmental campaigners and by persons affected by projects harmful to their local environment. PIL has opposed, and in many cases stopped, projects including landfills, open cast coal schemes, aggregate quarries, chemical plants and nuclear installations. Our general planning practice is similarly well-established.
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