Practice Profile

Denis practises in all areas of Public law and EU Law.  His public law and judicial review practice covers the fields of local government law, including education and community care while his EU law practice includes free movement of persons, environmental law, public procurement, VAT and social security law.  He has represented both claimants and defendants, including both central and local government in many judicial review claims and appeared in courts and tribunals at all levels, including the House of Lords, Court of Appeal, High Court, Upper Tribunal, First Tier Tribunal and Employment Tribunal.

In 2008 Denis was appointed Junior Counsel to the Crown (C Panel) and regularly advises and represents central government departments on a wide range of legal issues.

He is ranked as a leading junior in the field of education law in both Chambers & Partners and The Legal 500:

"Denis Edwards practises principally in general public law but is also praised for his balanced knowledge of both the further and higher education sectors. He acts for claimants and defendants and has experience of judicial reviews, SENDIST cases and discrimination disputes", Chambers and Partners 2010

"Market praise was forthcoming for the ‘measured and effective' Denis Edwards, whose ‘immense attention to detail' contributes to his provision of an ‘extremely good service'", Chambers & Partners 2009

"Denis Edwards ‘really knows his stuff', agree peers.  He practises public law and has a particular focus on education law, local government, community care and discrimination law", Chambers  & Partners 2008

Expertise

Public Law

Denis's work includes advising on and appearing in judicial reviews involving public bodies such as the Home Office, Department for Work and Pensions, local authorities and schools. His work concerns a wide range of issues, such as: the interpretation of primary legislation and statutory instruments, EU law, discrimination, human rights, local government powers and damages claims against public bodies.

Reported Cases include:

• R (AS) Sri Lanka v. Secretary of State for the Home Department [2009] EWHC 1763 Admin (intensity of judicial review over human rights claims)
• R (RK) Nepal v. Secretary of Statement for the Home Department [2009] EWCA Civ 359, (The Times 11.5.09)
• MA (Pakistan) v. Secretary of State for the Home Department [2008] EWCA Civ 1616
• R (Saleh) v. Secretary of State for the Home Department [2008] EWHC 3196 Admin (statutory construction and appeal rights)
• R (Juncal) v. Secretary of State for the Home Department, East London and the City Mental Health Trust and the Scottish Ministers [2008] EWCA Civ 869 (mental health and right to a fair trial)
• R (D) v. Bromley IAP [2007] EWCA Civ 1010 (natural justice in school exclusion appeals)

EU Law

Denis has an increasingly wide-ranging practice in EU law, covering the fields of environmental law, public procurement, social security law and VAT, in addition to legal problems arising from the free movement principles and the relationship between EU law and national law.

He acted as junior counsel for the taxpayer in the House of Lords in Fleming & Conde Nast! v. Commissioners for Revenue & Customs [2008] 1 WLR 195, concerning the supremacy of EU law over national law and the general principle that national law must respect the full effectiveness of EU law.  The case was described by the Financial Times as the leading VAT case of the decade.

Denis also has a number of reported cases before the Social Security Commissioners and the Upper Tribunal.  Currently, he is instructed in a 3 judge Upper Tribunal case challenging the lawfulness of the UK's arrangements for registration of migrant jobseekers.  In addition, he is counsel in a judicial review claim about the rights of self-employed EU citizens to continue residing in the UK after they cease to work.

Education Law

Denis has a wide-ranging practice in education law, advising pupils and their parents, schools and local authorities on admissions, exclusions, special education needs, disability discrimination and a variety of general school management matters, in particular data protection act issues.

Reported Cases include:

• R (A) v. Sutton IAP and the B School [2009] EWHC 1223 (Admin); [2009] Ed LR 321
• R (D) v. Bromley IAP [2007] EWCA Civ 1010
• R (LH) v. Wandsworth LBC [2006] Ed LR 376
• R (NZ) v. Southwark LBC [2006] Ed LR 20

Community care

Denis advises both claimants and defendants, including local authorities and primary care trusts, in a range of community care and health care disputes. His work includes issues relating to core assessments, care plans, charging for accommodation and community care services, duties to children in need, closure of residential homes, decision-making for people who lack capacity, disabled people's services, NHS continuing care and the protection of vulnerable adults (POVA).

He also accepts instructions in mental health cases and is currently junior counsel in an application to the European Court of Human Rights challenging the UK's arrangements for criminal trials of mentally disordered persons.

Discrimination Law

Denis has advised and acted for claimants and defendants in a number of education and employment claims raising discrimination issues.  He has extensive experience of the Disability Discrimination Act and its application to providers of services and the running of premises.

Qualifications and Appointments

• LLB Glasgow University
• LLM Osgoode Hall Law School, Toronto, Canada
• Junior Counsel to the Crown (C Panel)
• Treasurer, Statute Law Society

Prizes and Scholarships

• Commonwealth Scholarship (UK - Canada)
• Lowe Prize in Public Law (Glasgow University)
• Harmsworth Scholarship (Middle Temple)
• Lechmere Essay Prize (Middle Temple)

Publications

• Judicial Review (SULI & W.Green & Sons, 2000), with the Rt. Hon. The Lord Clyde
• Various articles in legal journals

Professional Associations

• Bar European Group
• British German Jurists Association
• Constitutional and Administrative Law Bar Association
• Education Lawyers Association
• Statute Law Society (Treasurer)
• UK Association of European Law