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Richard Clayton KC
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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”

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

THE BREXIT CASE THAT NEVER WAS

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

JUDICIAL REVIEW AND ALTERNATIVE REMEDIES

Published April 21, 2016May 13, 2021by Richard Clayton KC in Public Law

AUSTERITY AND PUBLIC LAW

Published November 30, 2015May 13, 2021by Richard Clayton KC in Public Law

FAIRNESS, CONSULTATION AND THE SUPREME COURT: THERE IS (SOMETIMES) AN ALTERNATIVE

Published March 15, 2015May 13, 2021by Richard Clayton KC in Constitutional Law, Public Law

THE EMPIRE STRIKES BACK: COMMON LAW RIGHTS AND THE HUMAN RIGHTS ACT

Published January 3, 2015December 17, 2020by Richard Clayton KC in Constitutional Law, My Supreme Court cases, Public Law

REGULATION AND THE HUMAN RIGHTS ACT

Published September 1, 2014November 12, 2020by Richard Clayton KC in Constitutional Law, Public Law

THE EMERGENCE OF THE EU CHARTER OF FUNDAMENTAL RIGHTS IN UNITED KINGDOM LAW

Published June 1, 2014May 13, 2021by Richard Clayton KC in Constitutional Law, Public Law

THE CURIOUS CASE OF KENNEDY v CHARITY COMMISSION

Published April 18, 2014December 17, 2020by Richard Clayton KC in Constitutional Law, My Supreme Court cases, Public Law

SMOKE AND MIRRORS: THE HUMAN RIGHTS ACT AND THE IMPACT OF THE STRASBOURG CASE LAW

Published July 1, 2012January 5, 2021by Richard Clayton KC in Constitutional Law, Public Law

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Richard Clayton KC

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