TRW & Co’s London office at Holborn Gate, 330 High Holborn, London, WC1V 7QH, advises public bodies, contractors and regulated entities on the intersection of public law, regulatory policy and commercial activity in England and Wales. Public law considerations can determine project viability, procurement outcomes and regulatory exposure; early engagement with specialist advisers reduces legal and operational risk.

Judicial review, remedies and strategic litigation

Judicial review remains the principal mechanism for challenging public body decision-making in England and Wales. Key issues include legality, procedural fairness and rationality of decisions. Remedies extend beyond quashing orders and declarations to inquiries as to procedural fairness, and—where appropriate—suspension or remittal of decisions pending reconsideration. Time limits and permission stages are critical; early case assessment and evidence preservation strategies are essential for any robust challenge or defence.

Public procurement and contractual risk in public-sector work

Procurement disputes arise from specification drafting, award criteria, and post-award contract management. Both contracting authorities and bidders need to navigate compliance with procurement law, including transparency obligations and remedies for breach. Contract drafting should anticipate changes in policy, funding, and regulatory intervention; clear mechanisms for variations, dispute resolution and termination can limit exposure to challenge.

Regulatory investigations, enforcement and information rights

Regulatory inquiries and enforcement actions can be triggered by statutory regulators, competition authorities or ombudsmen. Preparing for engagement means understanding the regulator’s statutory powers, notification and disclosure obligations, and typical timelines. Parallel issues often arise under information rights regimes—FOI requests and Data Protection Act obligations—and must be coordinated with litigation and public-interest considerations.

Practical checklist for public law risk management

• Map decision-making: identify the public body, statutory powers relied upon and review/appeal routes.
• Preserve evidence: retain records, minutes and communications relevant to the decision-making process.
• Assess timing: note statutory time limits for challenges, internal review requirements and procurement standstill periods.
• Engage early: obtain specialist public law advice at procurement/tender stage or on regulatory change.
• Design compliance protocols: assign responsibilities for responding to investigations, FOI requests and regulatory notices.

Devolution, cross-border considerations and public inquiries

Devolved administrations in Scotland and Northern Ireland operate distinct procedural and substantive frameworks in some areas: procurement rules, judicial review procedures and certain public-inquiry powers differ. For cross-border projects or multinational entities, align governance and contracts with the relevant jurisdictional requirements and anticipate differences in remedies and administrative processes.

Jurisdiction and sources

• UK Government (gov.uk)
• Ministry of Justice and HM Courts & Tribunals Service
• Senior Courts of England and Wales (Administrative Court)
• Legislation and statutory instruments such as the Public Contracts Regulations and the Freedom of Information Act 2000
• Information Commissioner’s Office; guidance published by relevant sectoral regulators

General information only; not legal advice and not a substitute for advice on a particular matter.