Dr Sam Fowles

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Sam Fowles 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:
- “The Speaker v Nicolson (Privileges Committee, 2023) – Successfully defended John Nicolson MP against the Speaker’s accusation that he committed a contempt of Parliament by making public the Speaker’s decision not to take action against Nadine Dorries for misleading Parliament.
- Parliamentary Inquiry into Voter ID (2023) – Acted as counsel to the inquiry (sole counsel), lasting four months, investigating the impacts of the “voter ID” requirement in the Elections Act 2022. The Inquiry concluded that the voter ID requirement was a “poisoned cure” in that it disenfranchised more voters than it protected. MPs consequently proposed substantial reforms with cross-party support.
- Dorries v Nicolson (UK Parliament, Independent Expert Panel) – Free speech matter concerning the extent to which Parliaments’ Behaviour Code permits opposition MPs to criticise ministers on social media. Acted for the successful appellant.
- (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 NGOs, 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.
Cornerstone Climate
Sam brings his expertise in judicial review, planning, human rights, regulatory law, information law, and public policy to his climate practice, equipping him to deal with all dimensions of climate litigation.

His work includes both advising and representing policy-makers, NGO, activists, local government, and national agencies. Notable cases include:
- Re. Footbridge Farm – Representing the local community in an appeal which the resulted in the refusal of planning permission for an industrial chicken farm on air quality grounds.
- Montague v Secretary of State for International Trade – Acting for the editor of “The Ecologist” in seeking to obtain information concerning international trade agreements with environmental impacts.
- R (Valero) v Plymouth – Representing the local planning authority in a case concerning the construction of a heliport next to an oil refinery designated as a Control of Major Accident Hazard site.
- Re. Little Heath Lane (sub judice) – Planning inquiry concerning a major renewable energy development.
- Council of Europe – Counsel to the Rapporteur on Trade and Human Rights, drafting a new policy on incorporating measures to address climate change into international trade agreements.
- Pioneering Verdict: How 100 Senior Women’s Climate Lawsuit Advances Human Rights and Environmental Protection09 Apr 2024
- Emissions “coming home to roost”. Planning appeal for intensive chicken farm refused for making a bad environmental situation worse19 Jun 2023
- Sam Fowles begins planning inquiry for solar farm01 Aug 2023
- Introducing Cornerstone Climate – a new centre of excellence for climate litigation and advice19 Jun 2023
Local Government
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
- Philip Coppel KC and Sam Fowles instructed in Parliamentary Elections Inquiry24 Jul 2023
- Philip Coppel KC and Sam Fowles instructed in Parliamentary Elections Inquiry24 Jul 2023
Commercial and Regulatory
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. Recent cases include:

101 Royal Langford Apartments – Prosecution of three companies for multiple breaches of HMO regulations. The companies relied on the defence of “reasonable excuse”. Convictions were secured after a six-day trial. Fines and costs of £78,630 imposed.
- £78,630 Fines and Costs for Companies Convicted of Letting Unsafe Properties20 Jun 2023
- Court of Appeal hears appeals on behalf of 42 former Post Office workers convicted29 Mar 2021
- £78,630 Fines and Costs for Companies Convicted of Letting Unsafe Properties20 Jun 2023
Licensing
- Overview
Sam Fowles is experienced in licensing matters at all levels, including committee hearings, Magistrates’ Court appeals, and High Court judicial review. He is equally proficient at representing local authorities, applicants, and intervenors. Sam has a particular interest in matters that involve a crossover of laws and the application of broader public and regulatory law principles to licensing issues.

Sam has extensive experience in criminal and regulatory law and regularly handles these aspects of licensing matters (including HMO prosecutions). He is also experienced acting as a legal advisor to licensing committees and regularly provides training to officers and councillors.

Notable cases include:
R (Nair) v Tower Hamlets (sub judice), Judicial review concerning accusations of improper influence and ultra vires.

Re. Wow Factor (2023), Licence application for a series of music festivals.

Re. Common Ground (2021), Licence review appeal concerning accusations of noise and environmental nuisance.

Re. Luxford Bar (2019), Licence review involving evidence from police covert human intelligence sources and Article 6 of the ECHR.
Inquests and Inquiries
- Overview
- News
Sam accepts instructions in the full range of Cornerstone’s work on inquests and inquiries.

Parliamentary Inquiry into Voter ID (2023) – Acted as counsel to the inquiry (sole counsel), lasting four months, investigating the impacts of the “voter ID” requirement in the Elections Act 2022. The Inquiry concluded that the voter ID requirement was a “poisoned cure” in that it disenfranchised more voters than it protected. MPs consequently proposed substantial reforms with cross-party support.

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.
- Sam Fowles interviewed by TalkTV about Voter ID report15 Sep 2023