Much of Hugh’s work involves public law, whether in relation to local government, planning, or housing. Court work includes:
- EU Plants Ltd v Wokingham BC [2012] EWHC 3305 (Admin) – successfully acting for the local authority in a High Court challenge under s.288 of the Town and Country Planning Act 1990 to the imposition of a Tree Preservation Order on a commercial fruit farm. The case involved allegations of bias against the decision-maker and improper purpose (as sole counsel) (November 2012).
- R(on the application of Young) v Oxford City Council [2012] EWCA Civ 46 – acting for Oxford Brookes University in resisting a judicial review of its new campus development (junior to Morag Ellis QC) (January 2012).
- X v A Local Authority – acting for the care home in an application before the Court of Protection under section 21A of the Mental Capacity Act 2005 to vary a deprivation of liberty authorisation.
- R(on the application of Garner) v Elmbridge BC [2011] EWCA Civ 891 – acting for the developer on a judicial review of a planning permission for development opposite Hampton Court Palace (junior to Mary Cook) (ongoing).
- Wilson v Ashford BC [2010] EWHC 639 (Admin) – acting for Ashford Borough Council in an appeal by way of case stated to the High Court concerning a public law challenge to a costs award (as sole counsel).
Hugh also regularly advises in writing and in conference on public law issues. Examples include:
- Advising on the powers and duties of local authorities, in particular the contracting out powers, the trading powers and the well-being powers.
- Advising on joint working arrangements between a group of local authorities concerning parking charges and compatibility with executive arrangements in place under the Local Government Act 2000.
- Procurement disputes relating to breach of the Public Contracts Regulations 2006. Examples include advising on a proposed land sale by a local authority imposing works obligations on the purchaser. Hugh has also recently been instructed by the Department of Health to assist in relation to a large scale claim alleging illegality in a tender process.
- Undertaking sensitive disclosure work for the Treasury Solicitor in relation to damages claims arising out of the Iraq war.
While working as judicial assistant in the UK Supreme Court, Hugh assisted with a range of public law work, including:
- R(on the application of Morge) v Hampshire CC [2011] UKSC 2 (the definition of disturbance of a protected species for the purposes of the Habitats Directive, and the extent of a planning committee’s duty to have regard to the requirements of the Habitats Directive).
- R(on the application of Edwards v Environment Agency [2010] UKSC 57 (what is meant by the obligation under the EIA Directive, the IPPC Directive and the Aarhus Convention to ensure proceedings are not prohibitively expensive).
- Brent LBC v Risk Management Partners Ltd [2011] UKSC 7 (whether arrangements by local authorities for provision of mutual insurance breached procurement law).
- R(on the application of McDonald) v Kensington and Chelsea RLBC [2011] UKSC 33 (sufficiency of community care assessments).
