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Public Law

Richard undertakes a wide range of advisory and litigation work (both for and against public bodies) covering tax, community care, data protection, discrimination, environmental, healthcare, human rights, local government (eg vires and powers, constitutional issues and governance, elections, finance and business rates), public procurement, Privy Council, international work (particularly constitutional work), police actions, tax and regulatory/disciplinary work. He is regularly instructed both in England and the Caribbean.

What Chambers and Partners say:

“He’s willing to listen, tactically astute, knows a lot about core procedure and is good at identifying the key issues of a case.” (2020) “one of the finest minds at the Bar… an intellectual giant who is an asset to the Bar” (2019) “He is very, very clever” “He is affable and has a mature approach.” “Calm, reliable and consistent.” “He has a very wide knowledge of the law.” “A well-respected public lawyer, who is a very vigorous and forceful opponent.” Praised for his preparation and his ability to manage difficult situations “Brilliant on his feet” “Very likeable and imaginative” He is particularly recommended for thinking laterally on cases: “He’s the sort of guy you’d ring up to find a new point in a case”

Recent public law/human rights cases of note include:

Responsible Development to Abaco v Rt Hon Perry Chrisitie (2021) (constitutional challenge to Bahamas security for costs orders in environmental cases- Privy Council)

Hapgood v AG of Anguilla (2021) (whether alleged contempt is a “criminal cause”- Privy Council)

Seepeersad v AG of Trinidad (2021) (whether detaining detention of juveniles in adult prison breaches constitutional rights)

AG of Anguilla v Lake (2021) (compulsory purchase compensation acting for AG)

R(Hannah) v Chartered Institute of Taxation (2020) (fairness and HRA challenge to Institute’s referral of his case to Taxation Disciplinary Board)

Hollandwest v HMRC (2019) injunctions granted to preserve right of access to Court to clarify Supreme Court decision, OWD ltd v HMRC)

Maharaj v Petroliam Company of Trinidad (2019) (freedom of information- Privy Council)

AG of Trinidad v Maharaj (2018) (judicial appointments of Supreme Court judges- Privy Council);
Seepersad v Ayers-Ceasar (2018) (interim constitutional remedies- Privy Council);
Central Broadcasting Services v AG of Trinidad (2018) (damages for breach of freedom of expression- Privy Council);
Mohammed v Public Service Commission of Trinidad (2017) (separation of powers-) Privy Council);
Tayo v Charity Commission (2017) (discrimination);
Magyar Helsinki v Hungary (2016) (Art 10 and right of access to official information before Grand Chamber of European Court of Human Rights);
Kennedy v Charity Commission (2015) (Supreme Court- Freedom of Information, Art 10 and common law rights);

Local Government:

What Chambers and Partners say:

Particularly instructed for vires and procurement law matters- a “delightful and talented advocate.” A “razor-sharp mind” and an “extremely accessible manner, he is never short of work.”

He has a huge fan base of local authorities happy to sing his praises. “He is extremely bright and very creative in finding workable solutions to tricky problems”

THE GOVERNMENT’S NEW PROPOSALS FOR THE HUMAN RIGHTS ACT

Published January 6, 2022January 6, 2022by Richard Clayton KC in Constitutional Law, Public Law

WHAT IS A PUBLIC BODY FOR THE PURPOSES OF JUDICIAL REVIEW?

Published December 21, 2021December 21, 2021by Richard Clayton KC in Public Law

COMMISSIONS OF ENQUIRY AND PRINCIPLES OF FAIRNESS

Published March 25, 2021April 8, 2021by Richard Clayton KC in Caribbean Corner, Public Law

IMPORTANT COURT OF APPEAL WIN ON BUSINESS RATES

Published December 4, 2020January 5, 2021by Richard Clayton KC in Commercial Law, Public Law

DOES THE LOAN CHARGE LEGISLATION BREACH EUROPEAN UNION LAW?

Published October 1, 2020November 12, 2020by Richard Clayton KC in Constitutional Law, Public Law

THE VENICE COMMISSION AND THE RULE OF LAW CRISIS

Published July 1, 2019January 5, 2021by Richard Clayton KC in Constitutional Law, Public Law

THE RULE OF LAW IN THE MIDDLE EAST: THE ROLE OF VENICE COMMISSION

Published April 1, 2019January 5, 2021by Richard Clayton KC in Constitutional Law, Public Law

UNLAWFUL CONSULTATION: THE BRITISH HOMEOPATHY CASE

Published June 1, 2018May 13, 2021by Richard Clayton KC in Public Law

THE BELMARSH CASE

Published June 1, 2017November 12, 2020by Richard Clayton KC in Constitutional Law, Public Law

WHEN IS IT WHEN IS IT APPROPRIATE TO SEEK DAMAGES OR RESTITUTION IN PUBLIC LAW CASES?

Published April 3, 2017May 13, 2021by Richard Clayton KC in Public Law

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Richard Clayton KC

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