James Findlay KC, called 1984, is and for many years has been recognised in both Legal 500 and Chambers UK as a leading practitioner in the fields of planning and environment, local government, administrative and public, and licensing law. He was a previous Head of Chambers.
Chambers UK 2023 notes that “James is one of the very best planning advocates operating across the UK”. He habitually handles judicial reviews and statutory appeals at many of the highest courts in the UK, including the Supreme Court.
His practice also includes Compulsory Purchase, Commercial & Regulatory and Property work.
His client base is broad, including private developers, planning consultants, local authorities as well as individuals via direct access. He continues to be retained by Guildford BC, leading a team from Cornerstone Barristers, following successful adoption of their Local Plan. His practice is varied, from representing the NFU before Select Committees on HS2 to appearing at licensing hearings.
James was called as an Advocate in Scotland in 2008 and took silk there in 2017. He is Vice-Chair of Terra Firma Chambers and is Chair of the Scottish Planning, Local Government and Environmental Bar Group, and is recognised as a leading practitioner in Scotland in the Guides for similar areas of law as in England, Chambers UK 2023 identifying him as the leading counsel at the Scottish Bar on planning and Legal 500 2023 as the “top planning silk in Scotland”.
Supreme Court appearances include:
• Trump v Scottish Ministers [2015] UKSC 74
• Uprichard v Scottish Ministers [2013] UKSC 21
• Tesco Stores Ltd v Dundee City Council [2012] UKSC 13
• Welwyn Hatfield v SOSCLG [2011] UKSC 15, [2011] 2 A.C. 304
• Multilink Leisure Developments v North Lanarkshire Council [2010] UKSC 47
• R (Sacker) v West Yorkshire Coroner [2004] UKHL 11
• Al-Ameri v RBKC [2004] UKHL 4
• Birmingham v Oakley [2001] 1 A.C. 617
Expertise
- Planning and Environment
James is rated in both Legal 500 and Chambers UK for planning in both England and Scotland. Comments in recent years include: “He can immediately identify the key issue in the case and his judgment on the prospect of succeeding, advancing or resisitng is very, very good”, and “He is a skilful cross-examiner. He doesn’t bang on the table; he just takes witnesses apart piece by piece in a very subtle way”.
James is separately recognised by Legal 500 for his expertise in environmental law. In the recent years, comments include: “very approachable whilst being tactical, assertive and realistic as to outcomes”, “a widely respected silk …held in high regard for his waste expertise” and “he is a strong advocate with good sense, he is quite canny”.
Recently, he has promoted applications relating to retail developments, quarries, wind-turbines and housing. He has a particular expertise in all aspects of wind farms, including noise. He has acted regularly for Café Nero in retail cases and has recently advised Tesco on several retail challenges. He also has recent experience of quarry and incinerator appeals.
He also acts for local planning authorities on a wide variety of matters, currently leading a team for Guildford in its second round of plan making, having successfully assisted its part 1 Plan to adoption.
James has strong expertise in the EIA/SEA regimes, and the Habitats Regulations, for example acting in Morge litigation for Hampshire CC and for the RSPB in a challenge to a large offshore wind farm. He has recently advised Hertfordshire in respect of its phosphate credit scheme. Likewise, the historic environment, including several cases in or adjacent to world heritage sites.
He has considerable experience in High Court (and appellate) planning and environment work, including PCOs.
- Rosebank oilfield: James Findlay KC and David Welsh act in separate legal challenges against plans to open new North Sea oilfield18 Dec 2023
- Legal challenges to the Guildford Local Plan rejected09 Dec 2019
- Council not required to take into account an emerging five year housing land supply statement01 Feb 2019
- Second Respondents’ costs in permission hearings for s. 289 planning appeals: Bolton beats Mount Cook23 Apr 2018
- Trump’s tilt at windmills fails: Carnwath contemplates implied conditions in planning permissions01 Jan 2018
- Inspector allows a further appeal by Caffe Nero01 Jan 2018
- R (Oao Trashorfield) V Bristol [2014] EWHC 757 Admin01 Jan 2018
- Cherkley Campaign – end of the road.01 Jan 2018
- Secretary Of State Upholds Windfarm Refusal In Stratford On Avon01 Jan 2018
- New Planning Court signals its intent01 Jan 2018
- NPPF and out of date planning policies01 Jan 2018
- Council Victory in Cherkley golf course appeal01 Jan 2018
- Morge v Hampshire CC [2010] EWCA Civ 74501 Jan 2018
- R(on the application of Garner) v Elmbridge Borough Council [2010] EWCA Civ 100601 Jan 2018
- Welwyn Hatfield Council v McGlynn [2009] EWCA Civ 28501 Jan 2018
- Challenge to Bristol Rovers move away from Memorial Ground rejected01 Jan 2018
- Councillor ends judicial review claim over standards committee finding01 Jan 2018
- Scottish Widows Pc & others v Cherwell District Council & others [2013] EWHC 3968 (Admin)01 Jan 2018
- R (Park Pharmacy Trust) v Plymouth City Council01 Jan 2018
- Perrin & Anor v Northampton Borough Council & Ors [2007] EWCA Civ 135301 Jan 2018
- Horner v Lancashire County Council & Castle Cement Ltd [2007] EWCA Civ 78401 Jan 2018
- Delay in ECJ ruling on PCO regime limits effect of failure finding – Commission v UK C-530/11, 13th February 2014.01 Jan 2018
- Exceptional circumstances only justify evidence as to other public authority reasons01 Jan 2018
- Swale BC v. FSS [2005] EWCA Civ 1568, [2006] JPL 88601 Jan 2018
- Horner v. Lancashire CC & Castle Cement Ltd [2006] JPL 66401 Jan 2018
- Markets South West (Holdings) Ltd v (1) First Secretary of State (2) Restormel Borough Council (2004) [2005] JPL 68401 Jan 2018
- Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 1501 Jan 2018
- Hart Aggregates Ltd v. Hartlepool BC [2005] EHWC (Admin) 840, [2005] JPL 160201 Jan 2018
- Harlow v. South Cambs DC Gregan & Ors [2005] EWHC 173 (Admin)01 Jan 2018
- Dowmunt-Iwaszkiewicz v. FSS [2005] Env. LR. 375, [2005] JPL 70201 Jan 2018
- Coates & Ors v South Bucks District Council CA [2005] JPL 66801 Jan 2018
- R on the application of) v Hartlepool Borough Council & Able UK Ltd (Interested Party) (2003) [2004] JPL 108801 Jan 2018
- R (on the application of Batchelor Enterprises Limited) v. North Dorset District Council [2004] JPL 122201 Jan 2018
- R (On The Application Of Perrett) V (1) SSCLG And (2) West Dorset District Council [2009] EWCA Civ 136501 Jan 2018
- Court of Appeal Hat Trick01 Jan 2018
- R. v. Monmouthshire CC ex parte Ward Estates [2002] EWCA Civ 191501 Jan 2018
- R. v. Knowsley MBC ex parte Williams (2001) Env. L.R. 2801 Jan 2018
- East Lindsey v. Thompson (2001) 82 P&C.R. 42001 Jan 2018
- Birmingham CC v. Oakley [2001] 1 A.C. 61701 Jan 2018
- R. v. S.O.S.E.T.R. ex p. Dorset C.C. [2000] J.P.L. 39601 Jan 2018
- R. v. Durham CC & Others, ex parte Huddlestone [2000] 1 W.L.R. 148401 Jan 2018
- Cunningham v Birmingham CC 30 H.L.R. 15801 Jan 2018
- R. v. Environment Agency, ex parte Dockgrange Ltd and Mayer Parry Ltd (1997) TLR01 Jan 2018
- Natural England’s approach to in combination impacts of car generating plans cannot be supported01 Jan 2018
- No scope for an overall assessment of sustainability unless within paragraph 14 of the framework – Barker Mills confirmed01 Jan 2018
- Soaring success for James Findlay QC01 Jan 2018
- The Return of Onshore Wind09 Jul 2024
- Planning Law Survey 2024: 12 members of chambers highly rated by Planning Magazine28 Jun 2024
- Cornerstone Barristers achieves record results in Chambers UK Bar Directory 2024 for Planning and Environment24 Oct 2023
- Cornerstone Planning Team recommended as a leading set for planning in The Legal 500 2024 guide05 Oct 2023
- Cornerstone Planning Day 2021 – Tickets available20 Sep 2021
- Cornerstone Barristers Planning Bulletin – Issue 214 Apr 2020
- Planning Law Survey 2020 – Barristers at Cornerstone among the “most-admired”30 Mar 2020
- Local Government Lawyer – Book Review – Cornerstone on the Planning Court01 Jan 2018
- Store wars in the Supreme Court01 Jan 2018
- Planning and Local Government issues for Wales01 Jan 2018
- Journal of Planning & Environment Law01 Jan 2018
- James Findlay QC appointed Queen’s Counsel in Scotland01 Jan 2018
- Supreme Court Reviews Planning Obligations01 Jan 2018
- Cornerstone Annual Planning Day01 Jan 2018
- Planning Magazine: The Planning Law Survey 201501 Jan 2018
- Cornerstone on the Planning Court29 Oct 2015
- Public Law and Judicial Review
James is ranked in Legal 500 as a leading Administrative Law and Human Rights silk. he has also been recognised by Chambers & Partners and Legal 500 as a leading practitioner in local government work for many years, both as a junior and now as a silk. He has been described as “first class” noted for giving “no-nonsense, concise advice”.
As well as planning and environment, local government and licensing work James has been involved in a very wide variety of other areas of public law work covering pharmacies, coroners, pensions, local government re-organisation, Council Tax and elections. He has advised Ofgem on matters relating to the electricity industry and appeared for the NFU before various Parliamentary Committees on the HS2 and its extension.
He has a particular expertise in Judicial Review, including PCOs, and considerable experience of Human Rights litigation.
Local Authority Governance and Services
James has advised on and/or appeared in a very wide range of matters concerning local authorities, including public procurement, social services, housing, trade descriptions, health and safety at work, local authority powers and duties, local authority constitution and internal government (including elections), transfer of undertakings, highways, rights of way, commons and village greens, local government re-organisation and Councillor conduct.
- Ongoing challenges to Rosebank and Jackdaw oil and gas developments05 Sep 2024
- Court hands down judgement on whether NPF4 in Scotland requires a different approach to be adopted in relation to the mitigation hierarchy13 Feb 2024
- Rosebank oilfield: James Findlay KC and David Welsh act in separate legal challenges against plans to open new North Sea oilfield18 Dec 2023
- Council not required to take into account an emerging five year housing land supply statement01 Feb 2019
- High Court rejects Councillor’s unfairness challenge to sexual harassment finding as “unarguable”22 Jan 2019
- Councillor refused permission in JR against sexual harassment finding14 Nov 2018
- Trump’s tilt at windmills fails: Carnwath contemplates implied conditions in planning permissions01 Jan 2018
- Breach of Procedure not fatal to prosecution01 Jan 2018
- R (Oao Trashorfield) V Bristol [2014] EWHC 757 Admin01 Jan 2018
- Councillor ends judicial review claim over standards committee finding01 Jan 2018
- R (On The Application Of Perrett) V (1) SSCLG And (2) West Dorset District Council [2009] EWCA Civ 136501 Jan 2018
- Assura Pharmacy Ltd, R (on the application of) v National Health Services Litigation Authority (Family Health Services Appeal Unit) [2008] EWCA Civ 135601 Jan 2018
- Davey v Aylesbury Vale [2007] EWCA Civ 116601 Jan 2018
- North Dorset District Council v Trim [2010] EWCA Civ 144601 Jan 2018
- Trim v North Dorset DC [2010] EWCA Civ 144601 Jan 2018
- Forest Heath District Council (R on the application of) v Electoral Commission Boundary Committee for England [2009] EWCA Civ 129601 Jan 2018
- Richards v Ipswich Borough Council (Secretary of State for Communities and Local Government intervening) [2008] EWCA Civ 378, [2008] 1 WLR 238701 Jan 2018
- Key Cabs Limited v Plymouth City Council [2007] EWHC 2800 (Admin)01 Jan 2018
- Pre-Permission costs in Judicial Review – The Queen (on the application of Davey) v Aylesbury Vale01 Jan 2018
- Q (R on the application of) v Wolverhampton City Council Independent Appeal Panel [2005] EWHC 277 (Admin)01 Jan 2018
- Regina (Sacker) v West Yorkshire Coroner [2004] UKHL 11, [2004] 1 W.L.R. 79601 Jan 2018
- Campbell v (1) South Northamptonshire Council (2) Secretary of State for the Department for Work & Pensions [2004] 3 All ER 38701 Jan 2018
- Campbell v (1) South Northamptonshire Council (2) Secretary of State for the Department for Work & Pensions [2004] EWCA Civ 40901 Jan 2018
- Bostock (R on the application of) v Entwhistle (Dr Ian Reid) & West Yorkshire Police Authority (Interested Party) [2004] EWHC 1166 (Admin)01 Jan 2018
- Al-Ameri v Kensington and Chelsea Royal London Borough Council [2004] UKHL 4, [2004] 2 W.L.R. 35401 Jan 2018
- R (On the application of KW) v (1) SENT & ROCHDALE MBC 2003 ELR 55601 Jan 2018
- Elliot (R on the application of) v Electoral Commission [2003] EWHC 395 Admin01 Jan 2018
- Licensing
James is recognised in both Legal 500 and Chambers & Partners as a leading licensing silk. Comments in recent years include: “A leader in his field” and “prized … for his wide-ranging and detailed knowledge of licensing law and his ability to tailor his approach to the needs of the client” and “an intelligent and courteous advocate, who is softly spoken but persuasive”.
He has undertaken a significant number of cases for Westminster City Council and he successfully upheld its Stress Area Policies under the Licensing Act 2003. He has acted for a wide range of private clients, other local and police authorities, e.g. Nottingham, Essex and Cambridge Police.
James has expertise in gambling and betting as well as entertainment licensing, including sex licensing.
He has undertaken extensive work involving hackney carriages and private hire vehicles both for the trade and authorities. He was invited as an expert to the Law Commission working party considering the issue of reform of the statutory framework for such vehicles. He appeared in the recent Call a Cab case for the successful appellant.
He recently acted in Waltham Forest v Hussein, a housing licensing case which considered the relevance of previous convictions, and in 2020/2021 has acted for Uber and AirBnB.
- New guidance on spent convictions and underlying conduct in applying ‘fit and proper person’ test?06 Nov 2019
- Cherkley Campaign – end of the road.01 Jan 2018
- Breach of Procedure not fatal to prosecution01 Jan 2018
- (R) Chief Constable of Nottingham Police Partridge v Nottingham Magistrates Court [2009] EWHC 3182 (Admin)01 Jan 2018
- (R on the application of) v Teignbrige District Council [2008] EWHC 1397 (Admin)01 Jan 2018
- Key Cabs Limited v Plymouth City Council [2007] EWHC 2837 (Admin), [2008] RTR 1101 Jan 2018
- Scottish Widows Pc & others v Cherwell District Council & others [2013] EWHC 3968 (Admin)01 Jan 2018
- Sardar & others v. Watford BC [2006] EWHC 1590 (QB)01 Jan 2018
- Brentwood Borough Council v Gladen (Andrew Ernest) [2005] RTR 1201 Jan 2018
- Cornerstone Barristers confirmed as a Band 1 set for Licensing in Chambers UK Bar Directory 202426 Oct 2023
- Taxis, minicabs and mobile apps: Law Commission publishes controversial proposals for reform of taxi and private hire regulation01 Jan 2018
- Betting industry bracing over new government consultation on gambling01 Jan 2018
- Commercial and Regulatory
James has experience of building disputes, professional negligence claims against solicitors/surveyors, arbitrations and general contract work ranging from disputes about oil wells in Azerbaijan to fake Arsenal football shirts and computer contracts to debt recovery.
Recently he has acted for a Royal College seeking to protect its intellectual property rights and a government organisation in a claim against a multinational computer company.
James has also conducted a number of high-value arbitrations and appeared in several mediations. He has also acted for several claimants in Lands Tribunal cases concerning losses caused by gas and electricity lines crossing private land.
He has undertaken a number of cases concerning pharmaceutical licensing and police pensions and has in the past appeared before a number of professional disciplinary tribunals as well as a number of vehicle licensing matters.
- Property
James advises on all aspects of property matters, including tenancies, rights of way, easements, commons and village greens.
He has particular experience in Compulsory Purchase work, including compensation work. He has appeared for the NFU on the HS2 Bill raising a large and varied number of such issues arising out of the compulsory purchase of large areas of farmland and has acted for several landowners seeking compensation for loss of development opportunity by reason of gas pipelines and electricity lines.