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Background
Louise Whitfield is an associate solicitor who qualified in 1997.
Louise was recruited by Pierce Glynn in 2009. Previously she worked
at the Public Law Project (PLP), the leading public law NGO, where
she was Head of Casework. Louise trained and qualified at Hodge Jones
& Allen solicitors where she remained for a further six years
before joining PLP in 2003.
Public law, discrimination and human rights
Louise is a public law specialist, with 12 years’ post-qualifying
experience of conducting high-profile judicial review claims across
a wide range of subject areas including discrimination and equality
duties, public sector funding and procurement, medical services and
community care, claims based on breaches of the Human Rights Act,
and claims relating to inquests and prisoners’ rights.
During her time at the Public Law Project (PLP), Louise developed
a particular specialism in representing voluntary sector organizations
and their service-users in challenging funding cuts or other unfair
public body decisions. For example, she brought a successful claim
against Leicester City Council resulting in the overhaul of their
funding of the voluntary sector and she acted in proceedings which
established that health authorities could fund advice agencies targeting
those with mental health problems.
Louise’s recent casework has focused on public law discrimination
challenges arising from the public sector equality duties. She represented
the claimants in leading cases on s71 of the Race Relations Act (the
race equality duty) and s49A of the Disability Discrimination Act
(the disability equality duty). She has advised on a number of gender
equality duty cases and regularly represents women’s organizations
on a wide range of public law issues.
Louise also has particular expertise in advising on Local Strategic
Partnerships and Local Area Agreements, as well as the duty to involve,
a crucial – but often neglected – part of lawful local
government decision-making.
Louise was heavily involved in PLP’s work to extend the availability
of protective costs orders (PCOs) – a crucial development in
enabling NGOs to challenge unlawful government decisions; she led
on the intervention by PLP in the case of The Corner House, the leading
decision on PCOs.
Louise was also PLP’s nominated representative on the Legal
Services Commission’s Public Interest Advisory Panel, assessing
whether particular cases should be designated as having significant
wider public interest.
Louise has extensive experience of delivering public law training
to lawyers and non-lawyers, having designed, developed and delivered
a wide range of courses ranging from conference workshops on public
law basics and the equality duties, to one-day events on judicial
review pre-action tactics and strategy for claimants’ representatives.
Social welfare law
As Louise is a public law specialist, she does not conduct mainstream
housing or social security cases, save where they raise substantial
public law issues. However Louise has substantial experience of, and
continues to conduct, judicial review claims in the community care
field.
Reported cases
Significant cases in which Louise has represented the claimants/appellants
or interveners:
R (Kaur & Shah) v London Borough of Ealing (High Court) –
domestic violence funding cuts; no race impact assessment
R (Chavda & Others) v London Borough of Harrow (High Court) -
restriction of adult care service to people with critical needs
Kehoe v UK (European Court of Human Rights) – CSA delays and
Articles 6 and 13 of the Human Rights Convention
R (Cornerhouse Research) v Secretary of State for Trade & Industry,
PLP intervening (Court of Appeal) - principles and practice of making
protective costs orders in public law cases
R (Keating & Others) v Cardiff Local Health Board (Court of Appeal)
– health authority powers to fund advice for mental health service
users
R (Capenhurst & Others) v Leicester City Council (High Court)
- decision to cease funding six voluntary organisations without adequate
consultation quashed
R (Williams) v Secretary of State for the Home Department (Court of
Appeal) - disclosure of reports and right to oral hearing for discretionary
life prisoner
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