Jack Barber

Call: 2019

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Jack Barber
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Jack was called to the Bar in 2019 and specializes in planning, local government and public law. He has a broad court, inquiry and advisory practice and a wide client base, including local government, housing associations, developers, local interest groups and individuals. Jack completed his 12-month pupillage (April 2021- March 2022) under the supervision of Dr. Ashley Bowes, Andrew Lane and Edward Grant.

Professional background

Jack has previously acquired both public and private sector legal and policy experience.

Before pupillage, Jack worked as a researcher for Dr John Stanton’s monograph ‘Law, Localism and the Constitution’, exploring the constitutional relationship between central and local government, and as lead paralegal for government decision-making at the Infected Blood Inquiry.

During his legal studies, Jack was a legal volunteer in Islington Law Centre’s housing team, where he supported a solicitor’s advice clinics. He also represented school pupils in school exclusion hearings via the School Exclusion Project.

Jack was selected as Hanover Communications’ inaugural Mackay Award winner in 2016. He spent five weeks in Washington, D.C. during the presidential election and produced a report considering how electoral authorities might adapt to the latest innovations in political campaigning.

Jack also worked within Hanover’s government and public affairs team advising various multi-national clients on political, regulatory, legislative, and reputational issues, including on major infrastructure, environmental, and public service outsourcing matters.

Expertise

  • Public Law and Judicial Review

    Jack was instructed by West Midlands Police in relation to parallel applications under the Policing and Crime Act 2009 for gang injunctions against two rival gangs. He worked closely with other members of chambers and the Police’s legal services team to assist with active case management and has appeared as counsel in several case management hearings and interim applications to extend interim relief. Jack was led by Kuljit Bhogal KC, Andrew Lane and Sarah Salmon in three multi-day final hearings of the applications and has also advised on committal proceedings.

  • Housing

    Jack’s recent housing work includes:

    • Advising on the regulatory implications for local housing authorities where hotels are being used to accommodate people seeking asylum in their area (on various occasions, both with Dean Underwood and unled).
    • Drafting numerous new and converted written statements of secure occupation contracts for use by social landlords in Wales following the implementation of the Renting Homes (Wales) Act 2016 (with Sarah Salmon and Alistair Cantor).
    • Appearing for the successful respondent social landlord in an appeal against the court’s refusal to suspend a warrant for eviction.
    • Appearing in a mediation and advising on settlement in relation to an anti-social behaviour injunction.
    • Appearing for the successful respondent Local Housing Authority in an appeal of the LHA’s decision to grant a licence for a House in Multiple Occupation.
    • Appearing in possession and injunction proceedings in the County Court for local authorities and private registered providers of social housing.

    During pupillage, Jack worked on numerous housing matters, including those relating to licensing and Houses in Multiple Occupation. With Andrew Lane, Jack gained experience of a range of matters relating to housing, homelessness and allocations, and licensing, and he observed a wide range of proceedings from housing possession trials to appellate advocacy in the higher courts. His experience included:

    • Drafting a skeleton argument for the Court of Appeal, which considered the proper approach to retrospective compliance with the public sector equality duty in the context of possession proceedings.
    • Drafting a skeleton argument for a homelessness appeal under section 204 Housing Act 1996.
    • Drafting representations to the Upper Tribunal in relation to an appeal against the First-tier Tribunal’s decision to uphold a penalty imposed on a landlord for its alleged failure to licence a House in Multiple Occupation.
  • Planning and Environment

    Overview

    Jack has a growing planning practice, and has been instructed by local authorities, developers and interested parties in relation to planning inquiries, prospective judicial review claims and planning statutory reviews and appeals, as well as advisory work.

    Court

    Jack has, with Wayne Beglan, been instructed by Braintree District Council in relation to the Secretary of State for the Home Department’s proposed use of MOD Wethersfield to accommodate asylum seekers. He appeared for Braintree District Council, led by Wayne Beglan, in the Court of Appeal in Braintree District Council v Secretary of State for the Home Department & Anor. [2023] EWCA Civ 727, in the Council’s appeal arising out of an application for an injunction under s.187B TCPA 1990. Jack was separately instructed, with Wayne Beglan, to intervene in the appeal by written submissions on behalf of Rother District Council.

    Inquiries 

    He has experience both as a led junior and as sole counsel at inquiries involving a variety of topical issues including Green Belt development, heritage, highways, design, water resources, landscape character and visual impact. Jack’s recent inquiry experience includes:

    • Appearing, led by Ben du Feu, for the Local Planning Authority in a twelve-day recovered s.78 appeal against the non-determination of planning permission for a substantial mixed, employment-led scheme comprising c.425 residential units, retail space and offices/commercial lab space (Appeal Ref. 3315611).
    • Appearing unled for the Rule 6 party in an eight-day recovered s.78 appeal against the refusal of outline planning permission for a 1715-capacity prison in Leicestershire (Appeal Ref. 3300227, decision outstanding).
    • Appearing, led by Josef Cannon, for the Rule 6 party in an eight-day recovered s.78 appeal against therefusal of outline planning permission for a 1715-capacity prison in Lancashire (Pro Bono) (Appeal Ref. 3295556, decision outstanding).
    • Involvement (both led and unled) in several ongoing section 78 and enforcement appeals by other members of chambers representing local planning authorities.

     

    Advisory 

    Jack’s other recent planning work includes:

    • Advising on challenging a listing decision and on general matters relating to prospects of securing listed building consent for demolition of Grade-II building (with Richard Ground KC).
    • Advising on the planning implications of accommodating people seeking asylum in contingency hotel accommodation (both with Dean Underwood and unled).
    • Appearing on behalf of a Local Planning Authority in the Crown Court in relation to the breach of an enforcement notice.
    • Advising on a proposed judicial review of a Local Planning Authority’s alleged failure to withdraw an enforcement notice under s.173A Town and Country Planning Act 1990 (with Emmaline Lambert).
    • Advising local residents on an objection to a planning application for a significant housing development adjacent to a designated conservation area.

    As a pupil, Jack worked on a wide range of planning matters with his supervisors and other members of chambers. With Dr Ashley Bowes, Jack built awareness of the specific challenges facing developers, local authorities, landowners, and residents’ groups throughout the planning process. He engaged with many aspects of the development and use of land, including planning, property, public rights of way, and local government law, by:

    • Drafting pre-action protocol response letters, Statements of Facts and Grounds, Summary Grounds of Resistance, and skeleton arguments associated with judicial review challenges in the Planning Court, including in relation to public rights of way, habitats, and environmental impact assessments.
    • Drafting advice on matters engaging issues relating to highways, the interpretation and legality of planning conditions, environmental regulation, compulsory purchase, and boundary disputes.
    • Assisting with the preparation of a party’s submissions in the DCO process for the major infrastructure project of a proposed twin reactor nuclear power station at Sizewell C.

    With Edward Grant, Jack developed his understanding of planning law, including in an inquiry and enforcement context, through:

    • Drafting advice on a range of planning and environmental matters, including on emerging issues relating to Habitats Regulations Assessments relating to phosphates and nutrient neutrality.
    • Drafting skeleton arguments, including in relation to the Community Infrastructure Levy and Assets of Community Value.
    • Assisting with research and preparation in relation to several planning inquiries.
  • Cornerstone Climate

    Jack is a member of Cornerstone Climate and available to be instructed on climate-related matters.

    His judicial review experience has involved EIA matters, including being led in representing a claimant advancing grounds challenging a decision-maker’s reliance on an environmental screening direction. Jack has advised local interest groups in relation to potential challenges to screening directions. He has also drafted advice on a range of matters relating to water regulation, habitat regulations assessments and nutrient neutrality issues.

    As a pupil, Jack gained experience of the Development Consent Order process in relation to the Sizewell C nuclear power station (when sitting with Ashley Bowes).

About Jack

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