Public & Third Sector

Monckton Chambers aims to be the first choice for specialist advice and representation in relation to legal issues concerning the public sector and the exercise of public power.  We are particularly well known for our members’ expertise in the law relating to public sector contracts, having appeared in practically all of the notable public procurement cases that have been heard in the UK courts in recent years.  Many of our members also have a depth of experience in relation to the EU State aid regime and its application to State-funded grant programmes, subsidies, rescues of ailing companies, tax concessions and defective procurements.  As a result, members are frequently asked to advise on disputes relating to complex Private Finance Initiative and public service outsourcing projects, giving rise to intersecting procurement, State aid, TUPE and public law issues.

Our members also have experience of acting for companies, organisations and individuals challenging decisions of public bodies in a multitude of contexts, including utilities regulation, agriculture, taxation, energy, immigration, mental health, environmental protection, freedom of information, banking and financial services regulation, ombudsmen schemes, education, national security and the NHS.

As well as acting for private sector clients, members of Monckton Chambers have also acted for almost every major public body, including the Environment Agency, the Office of Fair Trading, Ofgem, Ofwat, Ofcom, the Information Commissioner’s Office, regional development agencies, NHS trusts and Transport for London.  22 of our members are appointed to the Attorney General’s Panels of Counsel to represent the Crown and central government departments in litigation.

Our members also have experience of acting for and against “third sector” organisations, such as charities, community interest companies and voluntary sector bodies engaged in providing taxpayer-funded public services.  The award of public sector contracts to such third sector providers can often give rise to overlapping procurement, State aid, TUPE, regulatory, tax and public law issues, as to which members of Monckton Chambers are, given our key areas of expertise, particularly well placed to advise.