Public Decision-Making and Legal Challenges
Because we have experience and understanding of both sides of legal challenges to public decisions, we’re able to offer robust strategic advice with a complete perspective.
We act for both public decision-makers and those who might be affected by those decisions – a full perspective that adds an extra element to our advice. There are three fundamental parts to this.
Governance
At a basic level, good decision-making requires a transparent process in which decision-makers understand their role and know what can make decisions vulnerable to challenge. This not only makes it easier to defend legal challenges or regulatory criticism – it reduces the chances of them occurring in the first place. We help you to strip away unnecessary detail in the decision-making process, and focus on what is important. We have particular expertise of advising where there is little or no relevant regulation or guidance.
We also provide training on these issues to board members and directors, and can advise on the drafting of consultation papers and ancillary documents. And after a decision has been challenged or been criticised, we can conduct a ‘lessons learned’ analysis to identify ways in which processes can be improved.
Consultations
Forward-thinking is essential here, as the wording in a consultation or response can have significant consequences during a future challenge, or indeed limit the options to challenge at all. Starting by fully understanding the legal position, we help our clients to develop an effective strategy that avoids unforced errors.
Challenges
We have considerable experience of both challenging and defending decisions by regulators and other decision-makers in judicial appeals and statutory reviews. Strategic negotiation is one possible road to a solution, and we have significant expertise in this. The key is to clearly establish your objectives, develop a thoroughly thought-out strategy that is backed up by strong legal analysis, and then pursue it tenaciously.
Our team includes skilled litigators and advocates who have represented many clients in formal proceedings before courts and tribunals in the UK, before the courts of the EU, and internationally.
Our expertise includes:
- Advice on strengthening decision-making procedures
- Board-level training in governance and decision-making
- Post-challenge ‘lessons learned’ analysis
- Consultation drafting, strategy and analysis
- Challenging and defending decisions in judicial appeals and statutory appeals
Meet our key contacts
Gordon Downie
Partner
Related articles and insights: Public Decision-Making and Legal Challenges
8 September 2025
Contributor: Stephanie Hepburn
19 April 2024
The High Court underlines the importance of local authorities’ duty of candour
Contributor: Ruairidh Leishman
10 March 2023
CMA signals more flexibility for sustainability agreements – Back to the Future?
Contributor: Gordon Downie
Contact us
Gordon Downie
Partner
