Businesses can be adversely impacted by decisions of government ministers or departments, industry regulators or local authorities. If the decision-making process is not fair or the public body has not acted lawfully the decision can be challenged. Our judicial review specialists advise on the appropriateness of a challenge and represent clients in court proceedings.
With experience of acting for regulators and for regulated companies we are well placed to advise clients who may consider challenging decisions that impact on their business. Our regulatory expertise spans the sectors and, across our dispute resolution network, we have the critical mass necessary to always be on hand to take swift action: important in an area of law where deadlines for action are tight.
Most of our work in this area is advisory in its content, and therefore confidential. Matters where proceedings were commenced include the following:
Cathay Pacific Airways
- successful challenge to a decision by the Hong Kong Privacy Commissioner regarding the company’s procedure for collecting certain medical information under the Attendance Monitoring Programme for cabin crew.
Shiu Wing Steel
- landmark case in the protection of the environment and judicial review generally in Hong Kong before the Hong Kong Court of Final Appeal against the Director of Environmental Protection.
Suppliers of mobile telephone services
- injunction and judicial review proceedings against ICSTIS and Ofcom and responding to adjudications by Phonepay Plus arising from a ban on the provision of premium rate services to mobile phone users via reverse text billing.
- dispute with the Department of Health in connection with the Pharmaceutical Price Regulation Scheme (PPRS), a statutory scheme that regulates the price payable for certain medicines sold to the NHS. Following arbitration proceedings, the matter was successfully appealed to the High Court. We also advised the client on the possible revision of the PPRS.
Transport for London
- resisting challenges to variations to the Congestion Charge Zone in Greater London.
- judicial review proceedings brought by Cityhook against an Office of Fair Trading case closure decision (we previously advised FLAG in connection with Cityhook’s unsuccessful appeal to the Competition Appeal Tribunal).
- resisting judicial review applications by the US Government in the context of extradition proceedings, covering issues of jurisdiction, disclosure, privilege and human rights.
Television network company
- advising on judicial procedures challenging a €2.5m sanction applied by the Portuguese Competition Authority in relation to agreements with another television network company.