Administrative Law & Statutory Interpretation

What is administrative law?

Administrative law ensures that public bodies, such as government departments and agencies, non-departmental public bodies, local authorities and others created or empowered by legislation with statutory functions act lawfully. It focuses on how those bodies operate within their respective regulatory frameworks, ensuring they do not act outside their powers or, if they do, that they are held accountable (for example, by way of judicial review). It also covers modernising or altering statutory powers.

What is statutory interpretation? 

Statutory interpretation is a cornerstone of administrative law. It covers the interpretation of statutory instruments applying to public bodies like acts, orders, schemes, regulations and other instruments, taking account of any applicable case law or ‘common law’.  Statutory interpretation helps to answer questions such as ‘is it lawful for us to do X?’, ‘what does this provision mean?’, ‘can we spend our money on Y?’, ‘someone says we have acted unlawfully, have we?’.

Our expertise

We have in-depth knowledge of administrative law and statutory interpretation, advising bodies created or empowered by legislation with statutory functions, powers and duties across a full range of sectors. Examples of those we can assist include but are not limited to:

Members of the team are nationally recognised for their market-leading expertise. Lara Moore (partner) was recognised as a Leading Individual in the Legal 500 2025 whilst Tommy Fox (associate) was recognised as a Recommended Lawyer. Lara and Tommy are also consultant editors of leading legal text, Halsbury’s Laws of England (Volume 85). 

The team regularly advise on:

• Statutory functions, powers and duties, including in relation to:
  • Procedural matters and the proper exercise of powers.
  • Charges, application of revenue and the ringfencing of funds.
  • Obligations to produce documents, such as guidance, plans and policies.
• Constitutional matters, including in relation to appointment, qualification and removal of Commissioners, board members, directors etc.
• Regulatory and enforcement powers.

Our experience

• Bringing and defending litigation in respect of the correct exercise of statutory powers, including judicial review proceedings, injunctions, Part 8 claims (high court) and claims in restitution. 
• Advising a range of bodies on statutory provisions relating to the use of funds, audit, accounts and land caught within the scope of statutory functions.
• Reporting on the network of national and local legislation which applies to statutory bodies, with specific advice on particular powers and provisions where required, including risk mitigation.
• Drafting statutory instruments (forms of secondary legislation) to: 
  
  • empower non-statutory bodies with statutory functions, powers and duties; 
  • revise and modernise the statutory functions, powers and duties which already apply to existing bodies;
  • authorise development and project works.
• Drafting subordinate legislation and other regulations, including byelaws and directions, and advising on enforcement (including bringing prosecutions for breach).
• Securing an innovative extension to existing statutory enforcement powers for a number of Statutory Harbour Authority clients which has become formally recognised as part of Government Policy (Department for Transport). 
• Advising c. 100 ports and harbours around the UK, from major ports to smaller leisure harbours, in relation to their statutory powers and duties.
• Advising statutory bodies on the consolidation of their numerous statutory undertakings (in one case, in relation to 16 undertakings), such that in the future they may all be regulated under a single statutory regime.