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General public law including commercial and regulatory public law

Tim Buley is recognised as one of the standout juniors at the public law bar, with unrivalled experience of judicial review and statutory review in the Administrative and Planning Courts, and on appeal, as well as in a wide range of specialist administrative tribunals. The Legal 500 2016 described Tim as “probably the leading junior at the Administrative Law Bar” and he is the only junior recognised in Band 1 in the both of the current editions of Chambers UK and the Legal 500, where comments include “masterful representation of claimants and defendants in high profile judicial review challenges”, “a leading junior in the human rights and civil liberties field”, “standout junior”, and “one of the most accomplished junior counsel at the Bar”. His public law expertise is also recognised with band 1 rankings across a range of other public law areas and he was shortlisted for Human Rights and Public Law Junior of the Year’ at the Chambers UK Bar Awards 2017.

Tim’s public law practice is exceptionally broad. For more details of Tim’s public law work in the fields of civil liberties, planning and environment, local government, social welfare, EU law, social security and NHS and community care law, follow the appropriate link. Tim’s public law work is not however confined to these areas and takes in a much broader range of constitutional, commercial and regulatory public law.

Tim has well over 100 reported cases in the public law field (see the Cases Tab for full citations). Some of Tim’s more notable work (with links to more detailed information on his work in his various sub-specialisms) includes:

  • Acting for Baker Tilly LLP in a judicial review of the Financial Reporting Council’s approach to disciplinary proceedings for “misconduct” by auditors in the Admin Court and Court of Appeal (R (Baker Tilly v FRC [2017] EWCA Civ 1284). Tim has undertaken other work in the field of professional regulation including acting for the Legal Ombudsman in relation to solicitor’s misconduct and advisory work for the Law Society and the Family Bar Association, as well as work for the Good Thinking Society concerning professional regulation of osteopaths.

  • Nine appearances in the Supreme Court and House of Lords including Mathieson v SSWP [2015] 1 WLR 3520 (where Tim appeared as sole counsel), the seminal constitutional case of R (Cart) v Upper Tribunal [2012] 1 AC 663, and the challenge to the Benefit Cap in (SG and ors [2015] 2 WLR 1449). Tim will appear again in the Supreme Court in summer 2018 in a further challenge to the Revised Benefit Cap.

  • For the largest firm of legal aid solicitors in its ongoing challenge to the Legal Aid Remuneration Regulations on the basis that they create an unlawful barrier to access to justice by preventing payment for legal services in judicial review claims which settle after permission is refused on paper but before final hearing and that the government has failed to property implement the Div Court judgment in Ben Hoare Bell

  • Acting for the Education and Skills Funding Agency successfully defending a judicial review challenging a decision to terminate a apprenticeship levy funding partnership brought by a commercial operator.

  • Acting for Amey Hallam Highways Ltd and Amey Ltd in relation to a challenge to the Private Finance Initiative contact with Sheffield Council by protestors against tree felling in Sheffield (Dillner [2016] Env LR 31). Tim has subsequently acted for Amey on issues arising from unlawful action by protestors.

  • Many notable public law cases in the planning field, including 17 cases in the Planning Court since 2015. Highlights include Parkhurst Road (affordable housing, viability), Waterstone (retail planning policy, Wales, CA pending), Lichfield (planning permission for 750 new homes), Holohan (CJEU, environmental statements) and Goodman Logistics (Strategic Rail Freight Interchange in Slough). Highlights of public law work in the environmental field include defending judicial reviews against the environmental agency concerning increased charges for closed landfill, permitting for fracking by Cuadrilla, and the CRC energy efficiency scheme, acting for central government on a threat of judicial review concerning Hinkley Point C power station,

  • Notable civil liberties cases include R (Gudanaviciene, Reis and ors) v Director of Legal Aid Casework [2014] EWCA Civ 1622, [2015] 1 WLR 2247 (exceptional legal aid funding, EU Charter of Fundamental Rights), acting as sole counsel for a claimant in SIAC, Faulkner and Sturnham (Supreme Court, parole, Article 5(4) ECHR) and Zagorski [2011] HRLR 6 (export of drugs to US, death row, EU Charter). This work overlaps with Tim’s work in immigration including important cases on immigration detention (Das, BA and Francis), deportation (NEA Nigeria, S v SSHD) and freedom of movement (NA Pakistan) and social security (including Burnip, Stevenson and Hardy).

  • Many public law cases in the fields of local government (including Forest Heath (boundary change, CA) and Nicolson v Grant Thornton (local government audit)), community care (including SO v Barking on duties to former relevant children and KM v Cambridgeshire in the Supreme Court) and health and NHS (including Flatley on NHS reorganisation, a number of cases concerning approval of new drugs by NICE, for the Good Thinking Society in relation to blacklisting homeopathic medicines and advisory work for the Secretary of State for Health).

  • Many notable public law cases in the field of EU law including Tolley (Supreme Court and CJEU), Gusa and Holohan (CJEU, sole counsel), R (RICS) v HMT (implementation of the 4th Money Laundering Directive).

  • Successfully defending a number of judicial review claims concerning whether public body land sales were compliant with procurement and State Aid rules due to failure to obtain “best value” (Jansons West v MOD, Keep Louth Special v East Lindsey DC), and whether changes to energy pricing breached State Aid rules (Glenavon v DECC).

  • Reported cases on Administrative Court practice and procedure including the seminal cases of Bahta and AL (Albania) on costs on settled judicial review cases. Tim is a contributor to a chapter of JR procedure in Supperstone, Goudie and Walker (6th Ed) and edits the section on judicial review in the Environmental Law encyclopaedia, and has authored a number of consultation responses for ALBA and ILPA on procedural changes to Admin Court procedure.

  • Significant advisory work for most central government departments on issues including funding for nuclear power, establishment of ex gratia compensation schemes, funding for the community care sector, drafting of legislation, the listing of Hyde Park Barracks, and exit payments for civil servants. Tim’s non-departmental clients include the Parole Board, the Judicial Appointments Commission, the Boundary Commission for England, the Marine Fisheries Agency, the Intellectual Property Office, a number of Ombudsmen, the Environment Agency, the Land Registry and the Enemy Property Compensation Panel.

  • Significant experience in the field of information law including 3 appearances before the Information Tribunal since 2015.