Supporting capability

Public-Sector Advisory

When a public body needs its decisions to hold up later

Public bodies are judged twice, first on the decision and later on the file. Advisory work for the public sector is therefore record work, making sure the power exists, the procedure was followed and the reasons are written where oversight will look for them.

The work

The practice advises public-sector undertakings, statutory authorities and government-linked entities. It reviews tender and contract documentation before issue, so that conditions are lawful, workable and dispute-resistant. It writes opinions on questions of power, procedure and delegation. It advises on claims as they build up during a contract, which is where most public-contract disputes are actually decided. And it supports responses to audit observations and oversight queries.

How the practice approaches it

The standard applied is the one the record will face later, in a writ court, an arbitration or an audit paragraph. The practice verifies the enabling provision, tests the proposed action against it, and states in writing what the file should contain. Advice a public officer cannot place on the file is not advice the practice gives.

Begin with the issue, not the sales pitch.

Describe the situation in general terms. The forum, the deadline, the document you have received. The practice replies with what it needs to check before anything else, and a conflict check comes before any confidential detail.

Before you write. Please do not send confidential documents, case papers or privileged detail until the practice has completed a conflict check and confirmed in writing that it can act. A first message should describe the issue in general terms only.

Letters & Spirit

Before you continue

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