main content goes here
Helping you to defend your rights
Switalskis Solicitors Public Law Department has a specialist quality mark from the Legal Services Commission. Our team is experienced in a wide variety of legal areas and works hard to provide a voice for our clients in the justice system. Here are examples of some of the cases we have dealt with*
Injunctive relief
- Our client was a woman with disabilities in need of a substantial care package.
- She was threatened with the withdrawal of her care package by the Local Authority.
- Proceedings were issued in the High Court and as a result the Authority agreed not to withdraw the care package without presenting evidence that a lower standard of care would meet our client’s needs.
- The Local Authority has been unable to demonstrate a lower level of need and so the care package remains and our client can continue to live in her own home.
Challenging negative asylum decisions
- Mr E was refused leave to appeal to the Immigration Appeal tribunal.
- The matter was challenged by way of Judicial Review. The Judge agreed that there was a case to answer at Judicial Review and the Home Office Department reviewed their position and agreed to allow our client another opportunity to seek leave to appeal to the IAT.
Mental Health Public Law Cases - Some of the cases we have challenged by way of a Public Law:*
A challenge to the fairness of a Mental Health Review Tribunal where there was the appearance of bias.
- This was a case where the President's firm appeared to have a retainer with the private trust detaining our client.
- Such a retainer would have compromised the fairness of the proceedings and been in breach of guidance to legal representatives of tribunals.
The case of Miss V brought about a change in Department of Health policy.
- Following this case, the Department of Health agreed to advise patients of the policy agreement to refer patients detained under s2 of the Mental health Act for a further Mental Health Review Tribunal every 28 days.