Water law
Cornerstone Barristers offers comprehensive expertise in water law, encompassing regulatory, planning, and environmental dimensions. Our barristers advise and represent a diverse clientele, including water companies, regulators, developers, local authorities, environmental NGOs, and private individuals, across a spectrum of water-related legal matters.
Expertise
Our team possesses substantial experience in:
- Water resource management: Advising on water resource management planning, water abstraction licensing, drainage and wastewater management plans, storm overflow discharges, drought management plans, and compliance with the Water Framework Directive.
- Flood risk and drainage: Handling cases involving flood prevention, sustainable drainage systems (SuDS) (in both Wales and England), and flood risk assessments in planning contexts.
- Pollution and discharge: Representing prosecutors and defendants in matters concerning water pollution, including discharges into water bodies, trade effluent consents, compliance with environmental permits, and the successful negotiation of civil sanctions under the Regulatory Enforcement and Sanctions Act 2008.
- Infrastructure projects: Providing legal support for infrastructure developments affecting water bodies, including advising on environmental impact assessments and habitat regulations. Experience includes advising on the provision of major strategic reservoirs.
- Private water rights: Addressing disputes over riparian rights, drainage easements, and other private law issues related to watercourses.
- Environmental judicial reviews: Our barristers have acted in judicial reviews concerning the adequacy of environmental assessments for projects impacting water bodies, ensuring compliance with national and EU water protection standards.
Notable cases
- Secretary of State for Environment, Food and Rural Affairs v R (Pickering Fishery Association) [2025] EWCA Civ 378, upheld the approach taken by DEFRA and the Environment Agency to the preparation and approval of River Basin Management Plans is unlawful.
- R (on the application of Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2016] EWCA Civ 797, the leading case on the interpretation of “environmental damage” under the Environmental Damage (Prevention and Remediation) Regulations 2009.
- Environment Agency v High Speed Two (HS2) Ltd [2024] EWHC 1560 (TCC), the first case in which the EA applied for an injunction, which arose from concerns about harm to water bodies beneath proposed cuttings, part of the HS2 development.
- Ward v Secretary of State for Housing, Communities and Local Government [2024] EWHC 1780 (Admin) represented the Secretary of State in the first High Court case to consider water neutrality.
- R (Parkes) v Dorset CC [2024] EWHC 1253 (Admin), which addressed territorial waters, the mean high and low water mark, and where planning control powers extend.
Our approach
At Cornerstone Barristers, we integrate legal acumen with a deep understanding of environmental science and policy. Our collaborative approach ensures that clients receive informed and strategic advice tailored to the complexities of water law. Whether addressing regulatory compliance, planning permissions, or private disputes, our barristers are equipped to navigate the multifaceted legal landscape governing water resources.
For further information or to discuss specific legal needs in water law, please contact our clerks at clerks@cornerstonebarristers.com or call +44 (0)20 7242 4986.