Dr Sam Fowles

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Sam is a public lawyer with a particular interest in constitutional, administrative, information, and planning/environmental law, inquests, and public inquiries. He has appeared in many of the leading matters of recent years including Miller/Cherry v The Prime Minister, Hamilton v Post Office, and The Liberal Democrat Party/Scottish National Party v ITV. He has appeared at every level of tribunal, including the Supreme Court.

He has been described as “a star in the making, if not made”, and “the sort of advocate who makes you want to give a spontaneous standing ovation”.

Sam regularly publishes and speaks on constitutional matters. He is a member of the faculty at St Edmund Hall, University of Oxford and serves as the Director of the Institute for Constitutional Research, and Counsel to the All Party Parliamentary Group on Democracy and the Constitution. His book, Overruled: Confronting Our Vanishing Democracy in 8 Cases, is an Amazon bestseller.

Sam is a regular media commentator, appearing on BBC Business, Moral Maze, and NPR. His writing has appeared in The Guardian, The Big Issue, The Independent, The New Statesman, Politics.co.uk, Open Democracy, and Perspective Magazine.

Expertise

Public Law and Judicial Review
Sam acts for both Claimants and Defendant across the full spectrum of public law and judicial review. He regularly handles high profile and politically controversial matters, both as sole counsel and as part of a team. He is particularly experienced in matters involving the crossover of different areas of law and is often instructed to argue or advise on public law points in matters concerning other areas of law.

Sam is especially interested in matters which raise human rights issues, both at domestic and international level. He is Standing Counsel to the Council of Europe’s Rapporteur on Safeguarding Democracy, Human Rights, and the Environment in International Trade. Sam’s PhD work focused on human rights and the environment.

Recent cases include:
- (R) Suliman v BCP Council [2022] EWHC 1196 (Admin) – Matter concerning both planning and pure public law points including the breadth of a public authority’s power to alter a proposed development during the planning application process and the level of specificity required to establish a legitimate expectation.
- Valero Logistics UK Ltd v Plymouth City Council [2021] EWHC 1792 (Admin) – Determination of the extent to which a local planning authority is required to investigate external regulatory regimes which might bear on a planning application before granting permission.
- Hamilton v Post Office [2021] EWCA Crim 21, [2021] 4 W.L.R. 115 – Appeals against the convictions of sub-postmasters convicted based on evidence generated by the flawed “Horizon” computer system. Instructed (led by Lisa Busch KC) to argue two public law points relating to the entitlement to argue a “ground 2 abuse of process” case in the light of the Post Office’s concession that the trials of the Appellants were unfair for other reasons, and the duties of the prosecutor.
- Liberal Democrats and SNP v ITV [2019] EWHC 3282 (Admin) – Junior Counsel for the SNP in their challenge to ITV’s decision to exclude the leaders of five main political parties from the televised debate during the 2019 general election. The High Court established leading authority on the amenability of private companies performing public functions to judicial review and the reach of media regulation.
- Vince v Advocate General [2019] CSIH 51 – Junior Counsel for the Petitioner. The Inner House of the Court of Session exercised a supervisory jurisdiction to ensure the Prime Minister sought an extension to the Brexit transition period in October 2019.
- Gina Miller v The Prime Minister [2019] UKSC 41 – Junior Counsel for Joanna Cherry QC MP and a coalition of 70 parliamentarians (the second claimants). Successfully argued that the Prime Minister’s decision to advise the prorogation of Parliament in July 2019 was unlawful. The Supreme Court ordered Parliament recalled.
- Advising the Shadow Cabinet on the necessity for European elections when Brexit was delayed.
- Advising 38 Degrees in it’s campaign to amend the Trade Bill 2017-19 which successfully achieved unprecedented parliamentary scrutiny of certain international agreements.
- R(Wilson) v The Prime Minister [2019] EWCA Civ 304 – Advising a proposed intervening party (who ultimately decided not to intervene) in a judicial review seeking to determine whether revelations that the “leave” campaigns had breached electoral law required the Prime Minister to withdraw her notification under Article 50 of the TEU (which triggered Brexit).
Information Law
Sam has broad experience in data protection and privacy, freedom of information, and defamation matters. He is particularly experienced providing advice and representation for organisations at high risk of public scrutiny or with complex corporate structures. He is experienced at representing a range of appellants, including journalists and NGO, in the information tribunal.

Recent work includes:
- Montague v Information Commissioner and Secretary of State for International Trade [2022] UKUT 104 (AAC) (Sole counsel at first instance for a two week trial, led by Christopher Knight on appeal. Currently under appeal to the Court of Appeal), Application of section 27 (international relations) of the 2000 Act and whether the public interest in non-disclosure can be aggregated across exemptions.
- Martin-Clark v Homes for Haringey EA/2019/0066V (permission granted for appeal to the UT) Whether the section 41 (information provided in confidence) exemption can be applied to documents generally or on a granular basis.
- Ali v Islington (sub-judice), Processing of personal information by CCTV camera and disclosure of information to a third party.
- Rai v Commissioner of Police for the Metropolis (Unreported, 2018), Subject Access Request in relation to personal information obtained by the MPS during an investigation into allegations of child abuse.
- Stanley v Information Commissioner and Secretary of State for Northern Ireland, (EA/2019/0019) Request for information concerning the Security Services knowledge of the Birmingham Pub Bombings. Application of Sections 23 (information relating to the Security Services) and 24 (national security).
- Operation Koronas, Advised the Metropolitan Police on data protection and privilege issues arising during a long-term investigation into allegations of major property fraud.
- Bureau of Investigative Journalists v The Prime Minister (settled, 2019), Advised and drafted pre-action correspondence on a claim to obtain the report of the Intelligence and Security Committee into Russian interference in UK elections relying on the rule in Kennedy v Charity Commission [2014] UKSC 20
Planning and Environment
Sam provides advice and representation on all aspects of planning and environmental law. He has a particular interest in matters involving renewable energy and climate change.

Recent work includes:
- Re. Pockthorpe Lane (2022), Public inquiry concerning an order under section 53 of the Wildlife and Countryside Act 1981.
- Cee Cee Partnership v Secretary of State for Levelling Up, Housing, and Communities (unreported, 2022), Statutory review of the Secretary of State’s decision to refuse an appeal against an enforcement notice on the basis that he made material errors of fact and failed to take into account material considerations.
- Re. 182 Main Road (2021), Public inquiry concerning a challenge to an enforcement notice concerning a builder’s yard. Requiring legal argument on the correct burden of proof placed on the Appellant.
- Re. Dowsett Farm, (2019), Public inquiry concerning an enforcement notice served in relation to a large unauthorized development including the siting of multiple caravans. The matter turned on legal argument around the nature of a “building operation” per Cardiff Rating Authority v Guest Keen Baldwin’s Iron & Steel Co Ltd [1949] 1 K.B. 385 and the treatment of the Appellant in relation to his gypsy heritage per s. 149 of the Equality Act 2010.
- North Essex Development Plan Examination in Public (2019) – Appeared on behalf of Wivenhoe Town Council making submissions on issues including the amenability of the plan to EU and International State Aid Rules, and the feasibility of delivering the land supply using compulsory purchase powers. I was one of only two junior counsel who appeared unled (against up to ten silks) during the hearings.
Local Government
- Overview
Sam accepts instructions in the full range of Cornerstone’s local government work. He has a particular interest in matters involving:
- Freedom of information
- Data protection
- Domestic violence
- Councillors conduct and ethics
- Electoral law
- Environmental and regulatory prosecution and defence
Housing
Sam acts in the full range of Cornerstone’s housing work. He has experience in possession matters, section 204 appeals, the full range of anti-social behaviour injunctions, disrepair, and homelessness matters.

Sam has a particular interest in a range of legal measures available to protect individuals from domestic violence. He is able to provide advice and representation on possession proceedings based on domestic violence, anti-social behaviour injunctions, and domestic violence protection orders.

Sam was a member of the Bar Human Rights Council working group on Violence Against Women. He co-authored the BHRC reports on Female Genital Mutilation (FGM) and Violence Against Women. He was involved with the development of FGM Protection Orders and the new offence of failing to protect children from FGM.
- Possession on the domestic violence ground (without proving domestic violence)28 Feb 2019
- Litigation in lockdown: the housing cases receiving pandemic priority07 Apr 2020
- The Three Minute Brief – When is someone ‘intentionally homeless’?04 Jul 2019
Commercial and Regulatory
- Overview
- Cases
Sam is able to provide advice and representation on a full range of commercial law matters. He is particularly interested in the commercial aspects of information law and has experience in matters concerning data protection, privacy, and freedom of information in a commercial context.
- Court of Appeal hears appeals on behalf of 42 former Post Office workers convicted29 Mar 2021
Property
- Overview
Sam is able to provide advice and representation on a full range of property law matters.
Licensing
- Overview
Sam accepts instructions in the full range of Cornerstone’s licensing work.
Inquests and Inquiries
- Overview
Sam accepts instructions in the full range of Cornerstone’s work on inquests and inquiries.

Re. Judicial Independence (2022), Inquiry by the APPG for Democracy and the Constitution into the impacts of government rhetoric on judicial independence. Concluded that several ministers, including Lord Chancellors and Law Officers had failed in their duties under Section 3 of the Constitutional Reform Act 2005. Counsel to the Inquiry.

Re. Caden Stewart (2021), Two-week inquest touching upon the death of a minor in custody including an alleged breach of Article 2 of the ECHR (both care and investigation duties). Sole counsel for the local authority with responsibility for the child’s welfare.

Re. Demonstrations on Clapham Common and in Bristol in March 2021 (2021), Inquiry by APPG for Democracy and the Constitution into the policing of demonstrations. Concluded that the MPS and Avon and Somerset Constabulary had, on multiple occasions, breached fundamental rights of demonstrators under Articles 10 and 11 ECHR and common law. Counsel to the Inquiry

Re. Roger James Merrington (2021), Inquest touching on the death by fire of a man in local authority care. Sole Counsel for the local authority.

Re. Daisy Eileen Wood (2021), Inquest touch on the death by suicide of a woman under local authority care. Sole Counsel for the local authority.