Public, Administrative & Constitutional Law

Our services

• Advising on the interpretation and application of legislation, statutory and regulatory regimes, guidance and case law;
• Engaging with public bodies and regulators on public and administrative law decisions;
• Representing clients in disputes arising from the exercise of public functions, including where state authorities are challenged.

Harper Macleod’s public, administrative and constitutional law team is one of the leading practices of its kind in Scotland. As a firm, we are politically neutral, so do not take up political positions. We act for clients in central and local government, public bodies, regulatory and regulated bodies, commercial, third sector and individuals, bringing this rounded experience, insight and 360 degree perspective to the bespoke advice and representation we provide to each of our clients.

We provide guidance, advice, support and representation to our clients when they are navigating complex public, administrative and constitutional law issues. Our team advises clients at both strategic and operational levels. Many of the issues we engage with our clients on have a political angle and are subject to intense public and media scrutiny, in a constantly changing landscape. We always act with the utmost discretion and objectivity and work actively with our clients to manage risk and reputational issues. The work we do has led to us building well-respected professional-adviser relationships with those working in government, policy makers and shapers (including political parties and lobbying groups), as well as interacting day-to-day with commercial operators and individuals engaging with (and sometimes looking to challenge decisions of) the state. Our experienced and well-respected lawyers advise on legal and regulatory issues. Our extensive network means we have the ability to identify practical and inventive solutions to help our clients address the issues they face.

We regularly advise our clients in litigation, from Judicial Review challenges and Statutory Appeals to large-scale public inquiries. Our public law disputes team handle cases throughout Scotland, in tribunals, Sheriff Courts and the Court of Session. We have also represented clients at the UK Supreme Court, the Court of Justice of the European Union and Competition Appeals Tribunal.

Our public, administrative and constitutional law disputes team is led by Partner Jennifer Jack, one of the leaders in her field, who deals with court challenges and disputes, undertakes investigations and provides representation at public inquiries. Our advisory team is led by Partner James McMorrow, also a leader in his field, who regularly advises clients on complex, high-value and high-profile projects, regulatory and governance issues and compliance with statutory obligations. Between them, Jennifer and James ensure that a seamless and fully-integrated advisory and representation service is provided to our clients.

Our team provides advice and representation in courts in relation to a wide-range of functions of the state, including: public procurement; competition law and subsidy control; planning and environmental issues (including climate change obligations); social housing and homelessness; asylum and immigration; education; healthcare; equalities, human rights and civil liberties; administrative decision-making; and data protection, freedom of information and environmental information laws. We also advise and assist clients in dealing with regulatory compliance, governance issues and investigations.

Services

• Judicial reviews and statutory appeals
• Parliamentary and public affairs
• Legislative drafting
• Parliamentary advice and support
• Statutory interpretation
• Local government practice
• Civil liberties and human rights