Mathew Purchase
Mathew Purchase's practice includes all aspects of employment law, discrimination law, public law and human rights and civil liberties. He is on the Attorney General's B Panel and is a member of the Bar Pro Bono Unit and ELAAS. He is recommended in Chambers and Partners and the Legal 500, which have described him as: ‘extremely intelligent’, ‘just superb - smooth, engaging and perfectly pitched’, and as someone who ‘always does excellent work’.
Mathew has broad experience in public law and human rights, including community care, education, housing and civil actions against the police, from early advisory work to judicial review. Mathew has a strong interest in all aspects of education law and acts for parents/children, local authorities and schools at all levels. He has appeared in a number of judicial review claims; recent cases include R (UNISON) v Lord Chancellor (QBD, employment tribunal fees), R (Care North East Northumberland) v Northumberland County Council (CA, care home fees), R (Davis) v West Sussex Council (QBD, safeguarding of vulnerable adults), and R (Green) v Gloucestershire County Council (QBD, libraries closures).
Practice Areas
Panel
- Contributing Author
11 Contributions by Mathew Purchase
PRACTICE NOTES
Judicial Review in England and Wales: Administrative Court and Upper Tribunal scope, standing, alternative remedies, time limits, permission, grounds and relief
What is judicial review?
Judicial review is the means by which the courts exercise a supervisory jurisdiction over the performance of public functions by public bodies. This supervisory jurisdiction should not be mistaken for, or treated as, a right of appeal.
CPR 54.1 states that a 'claim for judicial review' means a claim to assess the lawfulness of:
an enactment
a decision, action, or failure to act in relation to the exercise of a public function.
Proceedings usually take place in the Administrative Court, which forms part of the King's Bench Division of the High Court. Judicial review proceedings are governed by a number of Civil Procedure Rules, Practice Directions and a pre-action protocol. Further detailed and practical guidance is provided in the Administrative Court Judicial Review Guide. The guide is intended to assist parties pursuing judicial review claims in the Administrative Court, bringing together the relevant statutory provisions, procedural rules, practice directions, case law and guidance. The guide aims to ensure efficient use of court resources and to help achieve the overriding objective of dealing with cases justly and at proportionate cost...
Public Law
PRACTICE NOTES
Judicial review in England and Wales: CPR Part 54 practice and procedure from pre-action to hearing, including urgent relief, venue, interested parties, evidence, Planning Court and Upper Tribunal
This Practice Note
It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance...
Public Law
PRECEDENTS
Affidavit resisting application to inspect legally privileged documents (England and Wales): template and guidance on asserting legal advice/litigation privilege, assessment process, and waiver
[ DETAILS OF DEPONENT ETC. ]
IN THE [ COURT ]
Claim no. : [ insert claim number ]
BETWEEN: [ Insert claimant’s name ] Claimant
AND [ Insert defendant’s name ] Defendant
AFFIDAVIT OF [ NAME ]
I, [ FULL NAME ], of [ ADDRESS ], swear as follows:
I provide this affidavit in reply to the [ Claimant’s OR Defendant’s ] application for the inspection of documents dated [ insert date ].
[ I am [ a solicitor registered to practise in England and Wales ] at [ law firm ], and I represent the [ Claimant OR Defendant ] in these proceedings. ] [ I am the [ Claimant OR Defendant ]. ]
...
Dispute Resolution
PRECEDENTS
Draft court order requiring a party to allow inspection or provide copies of specified documents, with costs
BEFORE THE [ COURT ]
Claim number: [ insert claim number ]
Between [ Insert claimant’s name ] (Claimant) and [ Insert defendant’s name ] (Defendant)
DRAFT ORDER
Upon hearing from [ Counsel for the Claimant ] and from [ Counsel for the Defendant ], the Court orders as follows:
By no later than [ insert time and date ], the [ Claimant OR Defendant ] must either supply the [ Claimant’s OR Defendant’s ] solicitors with copies of, or enable the [ Claimant OR Defendant ] to inspect, the following documents or categories of documents: [ IDENTIFY THE DOCUMENTS WITH AS MUCH PRECISION AS POSSIBLE ]
The [ Claimant OR Defendant ] shall pay the [ Claimant’s OR Defendant’s ] costs of, and arising from, this application.
Dated:...
Dispute Resolution
PRECEDENTS
Draft response letter to inadvertent disclosure of alleged privileged documents: return/non-use undertakings or challenge to privilege (legal advice/litigation), waiver, and whether the disclosure was obviously accidental
Dear [ insert organisation name ]
We respond to your letter of [ insert date ] regarding the documents you supplied on [ insert date ], which you now assert are privileged. We confirm we have neither reviewed the documents, made any copies, nor forwarded them to our client.
[ In the circumstances, we are willing to return our copies of the documents to you and enclose them with this correspondence. Nonetheless, we do not necessarily accept that the documents attract privilege and our client reserves his/her/its position in that regard.
OR
However, having regard to the contents of your letter, we do not accept that the documents are privileged, for the reasons set out below:
[ set out reasons, remembering that you have not read these documents ]
Accordingly, as matters presently stand, we do not agree that you are entitled to the return of the documents. If you have further evidence to support your claim for privilege, we would be prepared to consider it, and we strongly suggest that you provide it before making any application to the Court...
Dispute Resolution
PRECEDENTS
Precedent client memo on disclosure, document preservation and legal professional privilege: guidance for employees on control, metadata and communications in civil litigation (England and Wales)
This template memorandum should be read and, if suitable, sent together with the relevant template letter to your client regarding disclosure:
Draft letter to client about disclosure—small claims track
Draft letter to client about disclosure
Confidential and privileged
[ insert date ]
[ insert addressees: [ insert addressees: senior managers/relevant employees and former employees/IT managers ] ]
[ [ insert case heading ] OR [ description of the case if pre-action ] ]
[ [ We ] OR [ the company ] ] may encounter a legal dispute in relation to [ insert matter/transaction subject of dispute ]. If the dispute is not brought to a conclusion, it is probable that we will be required to disclose relevant documents, including electronic records, that are or have been within [ [ our ] OR [ the company’s ] ] control, whether or not they support our case. That said, some relevant documents are protected from inspection (that is, actually seen) by [ our opponent OR name of opponent ]. These include materials that are ‘privileged’, for example certain confidential communications between [ [ us ] OR [ the company ] ] and our lawyers. Please see the...
Dispute Resolution
PRECEDENTS
Precedent letter challenging legal professional privilege claims, seeking inspection and particulars, with notice of CPR 31.19(5) application (England and Wales)
Dear [ insert organisation name ]
We write regarding your [ disclosure list ], in which you clearly state that you are entitled to refuse inspection of a number of pertinent documents on the basis of legal professional privilege.
In light of the limited information you have provided, our client is not wholly persuaded that these documents are covered by legal professional privilege.
Accordingly, please confirm that you will allow inspection of these documents [ in accordance with the Court’s directions OR in accordance with the CPR OR within [ number of ] days OR . Alternatively, insofar as your client continues to maintain privilege, please provide the following information within [ number of ] days:
1 Please confirm that each document over which your client asserts privilege has been properly and individually assessed for that purpose. Please identify the person or persons who conducted the assessment. In particular, please confirm whether that assessment was carried out (or, if not, supervised) by a solicitor or other legal professional...
Dispute Resolution
PRECEDENTS
Precedent letter responding to inspection request: asserting legal advice and litigation privilege, confirming non-waiver, and setting inspection arrangements under the CPR (England and Wales)
Dear [ insert organisation name ],
We reply further to your letter dated [ DATE ]. [ Our client is willing to permit your client to review [ identify documents ]. For clarity, this does not amount to any waiver of privilege in relation to any other material. Access will be given [ pursuant to the [ Court’s directions OR CPR ] OR by [ sending you copies ] within [ number of ] days ] . ] [ Our client maintains legal professional privilege over [ identify documents ]. Your client is therefore not entitled to see them at this stage...
Dispute Resolution
PRECEDENTS
Template letter to opponent after inadvertent disclosure of privileged documents: request for return, non-use undertakings, and potential injunction
Dear [ insert organisation name ]
We are writing to notify you that [ we OR our client ] mistakenly provided you with privileged material by means of [ our letter and attachments dated [ insert date ] ] and to seek the prompt return of that material.
The documents concerned are [ identify the documents with precision ].
In relation to [ identify document(s) or classes of document(s) ], they are protected by legal advice privilege. Each is a communication between a lawyer and the client made for the purpose of requesting or delivering legal advice and was, and remains, confidential, or is a record of such a communication that was, and remains, confidential. [ The ‘client’ for these purposes is [ identify ‘client’ group within a corporate body ]. ]
[ In relation to [ identify document(s) or classes of document(s) ], these are protected by litigation privilege...
Dispute Resolution
PRECEDENTS
Template witness statement: application to inspect documents withheld on grounds of legal professional privilege under CPR 31.3 and 31.19(5) (England and Wales)
Lodged on behalf of the [ insert party eg Claimant or Defendant ]
Witness statement number: [ insert eg first ]
Date: [ insert date ]
[ Translation date: [ insert date ] ]
Exhibits: [ insert number ] to [ insert number ]
Claim No.: [ insert claim number ]
IN THE [ COURT ]
BETWEEN
[ Insert claimant’s name ] Claimant
AND
[ Insert defendant’s name ] Defendant
WITNESS STATEMENT OF [ NAME ]
I, [ FULL NAME ] of [ ADDRESS ], state as follows:
I provide this witness statement to support the [ claimant’s OR defendant’s ] request to inspect documents pursuant to CPR 31.3 and CPR 31.19(5)...
Dispute Resolution
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