Taking legal advice for judicial review or other court action

If a complainant issues a letter under the pre-action protocol for judicial review, or otherwise seeks to bring an action in court about a joint investigation, the investigator should immediately complete a legal advice request form and inform the AO. LGSCO’s jurisdiction will be considered under LGSCO’s fixed fee retainer arrangement with Bevan Brittan. At the same time, the AO will inform PHSO of the challenge.  LGSCO will take the lead in communicating with Bevan Brittan, however if Bevan Brittan need any additional information from PHSO they will communicate directly with PHSO’s legal team. A joint response to the allegations will be sent out. 

If a case reaches court, LGSCO and PHSO will discuss the matter and agree a joint approach, either instructing Bevan Brittan or deciding on a different arrangement. Whether Bevan Brittan or a different firm is instructed, the cost of their advice will be shared 50/50 between the two organisations, unless otherwise agreed. The same principles will apply to instructing counsel.