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Practice Areas

Public Sector

What’s it all about?

The public sector is one of the most diverse legal ­arenas that any prospective lawyer could hope to work in. Firms operating in this area are involved in some of the most important projects undertaken in the UK, from central government issues to major transport and infrastructure projects. Delivered successfully, they can bring significant social, economic and environmental benefits to communities. As such, by their very nature most are complex and many stakeholders are involved in their consideration. Prime examples ­include the 2012 London Olympics and Crossrail – two projects that will have a lasting legacy in the capital.

Public sector specialists typically act for local ­authorities and non-departmental public bodies (NDPBs), for example, the Highways Agency or the ­Environment Agency. The work involved is wide-­ranging and has recently focused on the planning, authorisation, procurement and implementation of major infrastructure and regeneration projects.

In a nutshell, lawyers advising clients in the public sector play a key role in some of the most exciting and long-lasting projects in the UK, projects that impact on the social and economic wellbeing of UK plc.

The working culture

Even though this area does not follow the same ­transactional nature of others, the pace within the ­department does vary. Solicitors in public sector ­departments are usually involved in at least one major project, which can be anything from acting for objectors to a hybrid bill to helping to promote a Transport and Works Act order authorising a new railway. The nature of these projects means that there are times when you are very busy, for example, when there is a parliamentary ­select committee hearing in the House of Commons, or when a public inquiry is being held. Aside from working on the larger matters there are always smaller, but equally important, files to keep you busy.

Skills required

The diverse nature of work means a broad range of skills are needed. Most major infrastructure and ­regeneration projects are delivered by a variety of stakeholders, and you need the skills necessary to ­advise all involved.

Regeneration projects in ­particular are becoming increasingly important to local ­authorities. Skills are needed in judicial review, ­planning and governance areas, and in response to ­recent developments some firms have widened their range of services to offer advice on such varied topics as workplace parking levies and road-user charging.

Due to the varied and challenging nature of the work it is essential that solicitors practising in this area receive ongoing training and support so that they are up to speed with all new and proposed developments. Those wishing to practise in this area must therefore realise that learning is an ongoing and constant requirement.

By way of example, Bircham Dyson Bell progressively took over the responsibility for the planning and authorisation of London Gateway Port – the largest new deep-water port development in Europe – in July 2004 and May 2005, acting for promoters P&O and then DP World when it acquired the former. The value of the investment is £1.5bn, making it the second largest ever inward investment into the UK, ­potentially creating up to 14,000 new jobs by 2025.

On a day to day basis, the variety of skills and knowledge the project required kept it interesting and ­exciting. One moment you needed a grasp of the mechanics of port operation and the land requirements that entails, the next you needed a fine appreciation of the political and commercial background, particularly in communications with the Government and more widely.

Recent developments

Over the past few years there have been numerous ­developments in these areas as the Government has pushed forward new policies across transport, energy, utilities and infrastructure, many of which have garnered acres of media coverage. Far-reaching issues such as climate change also have a major effect on the work of public sector lawyers. For example, the current debate about the expansion of nuclear power and the building of eco-towns will present significant challenges and opportunities for public law practitioners.

One example, the planning bill currently going through Parliament is a long overdue solution to a planning regime that for many years has not been “fit for purpose” for our large infrastructure requirements and projects. The bill hopes to maintain the right ­balance between the interests of UK plc and the ­promoters of national infrastructure and the interests of those who may be affected by that infrastructure.

The past 30 years have also witnessed an ­unprecedented growth in the importance of public and ­administrative law in the UK. Today, public sector organisations need to be fully conversant with a range of measures and developments such as the Human Rights Act 1998, freedom of information legislation, devolution, and the impact of EU law.  However, while most of the public sector organisations will have an in-house legal team due to the volume and specialist nature of the work, they also have to engage with law firms, thereby creating exciting opportunities for ­solicitors wishing to focus on the public sector.

Alex Hallatt, solicitor, Bircham Dyson Bell

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