Philip Kolvin | Cornerstone Barristers

Areas of Practice

cases

R (Hemming & Others) v Westminster City Council, Court of Appeal, 24th May 2013

A group of sex shop owners has won a major victory in the Court of Appeal after a three year campaign to reduce its licence fees. The judgment of the [...]

R (Clockfair Limited) v Sandwell Metropolitan Borough Council and Grosvenor Casinos Limited [2012] EWHC 1857 (Admin)

The High Court has delivered an important judgment in the field of casino licensing. While the judgment has ramifications for licensing practitioners, it has a wider significance for public lawyers [...]

R (Hemming and Others) v Westminster City Council - Administrative Court

In a seminal judgment, Mr. Justice Keith has ordered restitution of licence fees charged to sex shops by Westminster City Council. A judicial review of Westminster’s sex licensing fees was [...]

Oates v Chief Constable of Cheshire (2011)

Successful resistance to closure order, involving finding by court that interim steps on summary review application cease with the final determination of the review, contrary to advice in national guidance. [...]

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Panache (2011)

Pioneering order for costs against a non-party company director on dismissal of appeal of revocation of nightclub licence. Click here for details For revocation decision, click here

Kouttis v London Borough of Enfield (2011)

District Judge holds that noise from departing customers alone justifies reduction in hours of pub. Click here for details

R (Apollo and GEQ) v London Borough of Newham (2011): Successful defence by London Borough of Newham of challenges to its decision to award first “super casino” licence at Westfield Shopping Centre to Aspers.; See full text of case

William Hill v London Borough of Brent (2011)

Successful appeal by William Hill against restrictive licensing conditions. Click here for details

R (on the application of Festiva Ltd) v Highbury Corner Magistrates' Court [2011] EWHC 723 (Admin): Leading case on proper process for compromising licensing cases in the High Court.; See full text of case

R (Friends of Hethel Limited) v South Norfolk Council [2010] EWCA Civ 894

Powers and duties of planning authorities

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R (Murco Petroleum Limited) v Bristol City Council [2010] EWHC 1992 (Admin): Important case on ability of Licensing Committee to investigate matters of concern.; See full text of case

Harpers Leisure International Limited and Michel Harper v Chief Constable of Surrey and Guildford Borough Council [2009] EWHC 2160 (Admin): Leading case on abuse of process.; See full text of case

Hall & Woodhouse v Poole Borough Council [2009] EWHC 1587 (Admin): Leading case on criminal liability of freeholders of licensed premises.; See full text of case

R (Latimer) v Chief Clerk to the Justices, Bury Magistrates Court [2008] EWHC 2213

Section 215 appeal procedures

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R (South Northamptonshire Council) v Towcester Magistrates Court [2008] LLR 389: The test for personal licences.

R (Gala Casinos Limited) v Gaming Licensing Committee for the Petty Sessional Division of Northampton [2007] EWHC 2185 (Admin)

Demand test under the Gaming Act 1968

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R (Leicester Gaming Club Limited) v The Gambling Commission [2007] EWHC 531 (Admin)

Certificates of consent under Gaming Act 1968

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JD Wetherspoon Plc, R (on the application of) v Guildford Borough Council [2006] EWHC 815 (Admin): Role and status of cumulative impact policies.; See full text of case

Ghadami v Chelmsford Crown Court [2005] EWCA Civ 1534

Premises and internal communications

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Aujla & Ors, R (on the application of) v Slough Borough Council [2005] EWHC 1866 (Admin): Taxi licensing judicial review.; See full text of case

The British Beer and Pub Association & Ors v Canterbury City Council [2005] EWHC 1318 (Admin): The first judicial review under the Licensing Act 2003.; See full text of case

Luthra, R (on the application of) v General Dental Council [2004] EWHC 458 (Admin): Duty to give reasons; See full text of case

R (William Hill Organisation Ltd.) v Batley and Dewsbury Betting Licensing Committee [2004] LLR 536: Procedural issues in betting cases.

Tonbridge & Malling Borough Council v Davis [2003] EWHC 1069 (QB)

Travelling showmen, injunctions and Article 8

South Bucks District Council v Flanagan [2002] EWCA Civ 2033

Enforcement and delegated authority

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Flanagan & Anor v South Bucks District Council [2002] EWCA Civ 690: Leading case on authority of council prosecutors, estoppel and legitimate expectation.; See full text of case

Lomax & Ors v Secretary of State for the Transport, Local Government and the Regions & Anor [2002] EWHC 921 (Admin): Compulsory purchase order procedures; See full text of case

R (Spearing) v London Borough of Hammersmith and Fulham [2002] LLR 401: Legitimate expectation and Article 8.

Chorion Plc, R (on the application of) v Westminster City Council [2001] EWHC Admin 754: The leading authority on local authority licensing policy.; See full text of case

R (on the application of) Hestview Ltd v Snaresbrook Crown Court [2001] EWHC Admin 144: The leading authority on betting licensing under the Betting Gaming and Lotteries Act 1963.; See full text of case

R v Rochdale MBC ex p. Milne [2001] Env LR 406

Planning - Leading case on environmental assessment.

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R v North Yorkshire County Council ex parte Brown and Cartwright [2000] 1 AC 397

House of Lords case on environmental assessment and old mining permissions

Blinkhorn v Hall (CA 13th April 2000)

Litigation – Evidence of negligence and submissions of no case to answer

Adcock v Co-Operative Insurance Society Ltd [2000] EWCA Civ 117: Interest.; See full text of case

Tew & Ors, R (on the application of) v Rochdale Metropolitan Borough Council [1999] EWHC Admin 409: Environmental assessment; See full text of case

Ellis v Boston Putford Offshore Safety Ltd [1999] EWCA Civ 1214: Causation and contributory negligence.; See full text of case

North Yorkshire County Council, Ex Parte Brown and Another, R v. [1999] UKHL 7: Environmental assessment and old mining permissions.; See full text of case

Brannan v Airtours Plc [1999] EWCA Civ 588: Contributory negligence.; See full text of case

Patel v RCMS [1999] IRLR 161

Employment – Powers of Employment Tribunal

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R v North Yorkshire County Council ex parte Brown and Cartwright [1998] JPL 764

Court of Appeal case on environmental assessment and old mining permissions

Heavy Metal Trading BV v Raycrest Development Ltd & Ors [1998] EWCA Civ 524: Principles of summary judgment.; See full text of case

Gilham v Browning & Anor [1998] EWCA Civ 139: Principles of no case to answer.; See full text of case

X v Y (1998) ICR 43

Employment – Restricted reporting orders

Sen-Gupta v Vijh & Anor [1997] EWCA Civ 2893

Litigation - Amendment of pleadings in commercial dispute.

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Grupo Torras v Al Sabah TLR 1997: Successful defence of a £50m claim brought by Kuwait Investment Office against a director of one of its investment arms.

Amba Lamps v Donnelly (15 May 1995, EAT)

Employment – Payments in lieu of notice and compensation

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Turner v Arts Educational School (EAT 6th March 1995)

Employment – Redundancy and unfair dismissal

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Rowell v Hubbard (EAT 12th January 1995)

Employment – Redundancy consultation

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Surrey Heath BC v McDonalds (1991) LGR 232: Admissibility of evidence exterior to the premises.

Philip Kolvin QC

Areas of Practice

cases