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James Findlay QC, called 1984, is and for many years has been recognised in both Legal 500 and Chambers & Partners as a leading practitioner in the fields of Planning & Environment, Local Government, Administrative and Public and Licensing law. He was a previous Head of Chambers and currently sits on its management board.
James Findlay has been recognised for many years in both Legal 500 and Chambers as a leading practitioner in the fields of planning & environmental (including compulsory purchase), local government, public & administrative and licensing law. His practice currently comprises a significant number of appearances both north and south of the border in Courts at all levels and at inquiries.
Recently, he appeared before the Supreme Court in Uprichard v Scottish Ministers (reasons challenge to development plan), Tesco v Dundee City Council (proper interpretation of policy and the sequential test), Welwyn Hatfield v Beesley (planning deceit) and in Multilink Properties (on appeal from Scotland concerning construction of an option agreement). Recent appearances at inquiries have included promoting a large windfarm, sand & gravel quarry extension, two out-of-centre retail developments and a highway CPO scheme. He is acting for other developers on a variety of retail and housing schemes and in respect of several CPO claims. He appeared for the NFU before the House of Commons Select Committee on the HS2 Bill.
James was called as an Advocate Scotland in November 2008. He is a member of Terra Firma chambers in Edinburgh (clerk: Emma Potter) and is Chair of the Scottish Planning, Local Government and Environmental Bar Group and recognised in the Guides for similar areas of law in Scotland as in England.
He is also instructed in general commercial matters, including contract and negligence cases, highways & rights of way cases and procurement disputes.
Until June 2014 he was joint Head of Chambers at Cornerstone Barristers. He is a member of PEBA, ALBA, NIPA and UKELA.
Planning -"Operates a substantial planning practice in Scotland, as well as in England and Wales. He is particularly adept at dealing with controversial or complex cases with a high profile. His work for local authorities often concerns housing or energy projects. Challenges to local plans form a key area of his work. He also represents developers and other interested parties. Strengths: "He's very approachable, technically excellent and helpful, and he responds promptly." "His ability to engage with a range of stakeholders is very important and his presentation is exemplary." Chambers and Partners 2021
Licensing - "Brings general public law expertise to bear when representing operators as well as governmental bodies in a range of licensing matters. He is frequently called upon to act in taxi licensing disputes and has further expertise in gambling and wildlife issues. Findlay practises in both England and Scotland. Strengths: "Very accomplished." Chambers and Partners 2021
Local Government - Strengths: "He provides sound advice and takes a pragmatic approach to matters." "A persuasive, experienced and calm advocate who is knowledgeable about local government law and carefully thinks his way through a problem." Chambers and Partners 2021
"A high quality silk. Very responsive to queries. He is thoughtful, measured and calm approach." Legal 500 2021
"James' attention to detail is second to none and always responds to queries immediately. He is my go to QC for any local government matter. Quite simply a fantastic legal mind." Legal 500 2021
"Quite simply, a fantastic mind." Legal 500 2021
"An excellent silk whose attention to detail is second to none." Legal 500 2021
"James is very productive, astonishingly so. One gets cogent considered advice very quickly even when I know that he is busy with other things. I have found him good with clients. He is well respected by the courts and very persuasive." Legal 500 2021
"A very caring man with a brilliant mind" whose "advice is always targeted and effective." Chambers and Partners 2020
"An excellent all-round public law specialist." "An experienced and committed barrister." Chambers and Partners 2020
"Very precise and methodical and gives a good service to his clients." "He is quietly effective, very charming and very measured." Chambers and Partners 2020
"A go-to silk for the public law issues that require that extra bit of thought." The Legal 500 2020
"An excellent silk." "Much respected." Chambers and Partners 2019
"Extremely approachable, innovative and easy to work with." Chambers and Partners 2019
James Findlay has been recognised for many years in both Legal 500 and Chambers as a leading practitioner in the fields of planning & environmental (including compulsory purchase), local government, public & administrative and licensing law. His practice currently comprises a significant number of appearances both north and south of the border in Courts at all levels and at inquiries.
Recently, he appeared before the Supreme Court in Uprichard v Scottish Ministers (reasons challenge to development plan), Tesco v Dundee City Council (proper interpretation of policy and the sequential test), Welwyn Hatfield v Beesley (planning deceit) and in Multilink Properties (on appeal from Scotland concerning construction of an option agreement). Recent appearances at inquiries have included promoting a large wind farm, sand & gravel quarry extension, two out-of-centre retail developments and a highway CPO scheme. He is acting for other developers on a variety of retail and housing schemes and in respect of several CPO claims. He appeared for the NFU before the House of Commons Select Committee on the HS2 Bill.
James was called as an Advocate Scotland in November 2008. He is a member of Terra Firma chambers in Edinburgh (clerk: Emma Potter) and is Chair of the Scottish Planning, Local Government and Environmental Bar Group and recognised in the Guides for similar areas of law in Scotland as in England.
He is also instructed in general commercial matters, including contract and negligence cases, highways & rights of way cases and procurement disputes. Until June 2014, he was joint Head of Chambers at Cornerstone Barristers. He is a member of PEBA, ALBA, NIPA and UKELA.
James is ranked in Legal 500 and Chambers & Partners as a leading Administrative & Public Law silk. He is also ranked for local government law, described as "first class" noted for giving "no-nonsense, concise advice".
As well as planning and environment, local government & 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 is currently advising Ofgem on matters relating to the Electricity industry.
He has a particular expertise in Judicial Review, including PCOs, and considerable experience of Human Rights litigation.
Local Authority Governance and Services
James has been recognised by Chambers & Partners as a leading practitioner in local government work for many years, both as a junior and now as a silk. He is also recognised in Legal 500.
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 and Councilor conduct. He is regularly instructed by Sharpe Pritchard as agent for a wide number of local authorities.
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 has 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.
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.
James has also conducted a number of high value arbitrations and appeared in several mediations.
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.
As part of his local government housing and planning work and in its own right, 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. Recently 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 landowners seeking compensation for loss of development opportunity by reason of gas pipelines and electricity lines.
1st November 2020
James Findlay QC authored an article on housing land in Scotland in the Journal of Planning Law.
1st June 2020
James Findlay QC authored Chapter Three on Scottish legislation in Philip Coppel's book entitled 'Information Rights - A Practitioner's Guide to Data Protection, Freedom of Information and other Information Rights'.
A copy of the book can be found here.
1st September 2015
Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.
Edited by Tom Cosgrove and written by members of the Cornerstone Planning Team, the guide is the first of its kind to analyse the procedures and work of the Planning Court which was introduced in April 2014.
Designed to be practical and accessible, it is the essential reference for all those who are involved in bringing or defending claims in the Court, and those who have an interest in the broad range of claims that now fall within the Court's remit. The guide will be of particular use to those instructing solicitors and barristers in planning related matters such as planning consultancies, development companies, pressure groups and individuals, as well as solicitors, professional planning bodies and local authorities.
Contributors to Cornerstone on the Planning Court include Michael Bedford QC, Josef Cannon, Estelle Dehon, Emma Dring, James Findlay QC, Robin Green, Mark Lowe QC, Jack Parker, Clare Parry, Asitha Ranatunga and Robert Williams.
For further information on Cornerstone on the Planning Court or to purchase a copy, click here.
1st December 2012
21st March 2012
Supreme Court rejects Tesco challenge and determines that the interpretation of planning policy is a matter of law and not to be left to the discretion of local planning authorities. Also, provides guidance on approach to "suitability" in the context of the sequential test.
1st January 2012
Alconbury a year on: Article 6 challenges face stiff uphill struggle after Court of Appeal Begum and Adlard adopts a schematic approach? [2002] (Sept) JPL 1045
5th February 2010
New Model Army, MJ 3105, 22
An explanation of some key changes implemented by the new model code of conduct for members.
29th January 2009
The procurement process and freedom of information (Seminar in association with Trowers & Hamlins, 29 January 2009). James Findlay QC and Damien Welfare spoke on: Overview of existing regulatory framework; Impact of this on your bid documentation; Practical issues after bidding; Issues after contract; Protecting your information and their complete slides from the day can be found here.
8th November 2007
Decision making and probity, Local Government Training Program, 1/11/2007
1st January 2007
When does a tree preservation order not protect? [2007] (Feb) JPL 194
1st January 2005
Councillor beware! [2005] (Apr) JPL 419
• Planning and Environment Bar Association (PEBA)
• Administrative Law Bar Association (ALBA)
• National Infrastructure Planning Association (NIPA)
• United Kingdom Environmental Law Association (UKELA)
News: Local Government
Local authority virtual meetings – headline news or long term solution?
9th February 2021
Handforth Parish Council’s 10th December meeting has made headline news, and the clerk Jackie Weaver has become an instant celebrity. Previously, if asked how Parish Council meetings were conducted, many....News: Information Law
Information Rights by Philip Coppel QC will be published this month
18th May 2020
On 28 May Hart Publishing will be publishing the latest edition of Information Rights by Philip Coppel QC. Retaining the position it has held since first publication, the fifth edition of this....News: Public Law and Judicial Review, Local Government
17th April 2020
Here we will post short answers to some frequently asked questions that have emerged from our two webinars on remote meetings on 8 April 2020 and 20 April 2020.
....News: Planning and Environment
Cornerstone Barristers Planning Bulletin - Issue 2
14th April 2020
Welcome to the second edition of the Cornerstone Planning Bulletin, a digestible summary of planning law and practice to help all those with an interest in the planning system to....Case: Planning and Environment
When is a proposal “in accordance with” the development plan?
14th April 2020
Cornwall Council v Corbett [2020] EWCA Civ 508
....News: Local Government
Virtual meetings are the new reality
3rd April 2020
By James Findlay QC, Ruchi Parekh and Isabella Buono The Secretary of State for Housing, Communities and Local Government yesterday made Regulations to ensure local authorities can conduct business during the....News: Planning and Environment
Planning Law Survey 2020 – Barristers at Cornerstone among the "most-admired"
30th March 2020
Several members of the Cornerstone Planning Team have been recognised in Planning Magazine's Planning Law Survey 2020. The annual survey reflects the views of over 200 solicitors, consultants, developers and council....Case: Planning and Environment
Legal challenges to the Guildford Local Plan rejected
9th December 2019
The High Court has dismissed three statutory challenges to the adoption of the Guildford Local Plan. The claims were brought by Compton Parish Council, Ockham Parish Council and Julian Cranwell,....News:
James Findlay QC shortlisted Silk of The Year
27th November 2019
James Findlay QC has been shortlisted as Silk of The Year for the Scottish Bar for The Legal 500 2020 Awards. The winner will be announced shortly. ....Case: Housing, Licensing
New guidance on spent convictions and underlying conduct in applying 'fit and proper person' test?
6th November 2019
(1) Nasim Hussain (2) FHCO Ltd (3) Farina Hussain v Waltham Forest LBC [2019] UKUT 339 (LC)
....Case: Public Law and Judicial Review, Planning and Environment
Council not required to take into account an emerging five year housing land supply statement
1st February 2019
R (on the application of CHILTON PARISH COUNCIL) (Claimant) v BABERGH DISTRICT COUNCIL (Defendant) & CATESBY ESTATES LTD (Interested Party) (2019)
....Case: Public Law and Judicial Review, Local Government
High Court rejects Councillor's unfairness challenge to sexual harassment finding as "unarguable"
22nd January 2019
Following a renewed permission hearing in the High Court on Tuesday 15 January, former Devon County Council leader, Cllr Brian Greenslade, has again been refused permission to challenge a finding....Case: Public Law and Judicial Review
Councillor refused permission in JR against sexual harassment finding
13th November 2018
A former leader of Devon County Council has been refused permission to proceed to a judicial review of the Council's decision to sanction him for sexual harassment of four Council....Case: Planning and Environment
23rd April 2018
In recent proceedings on an appeal under s. 289 of the Town and Country Planning Act 1990, Mrs Justice Lang has held in a short written judgement that a second....News: Licensing
Betting industry bracing over new government consultation on gambling
31st October 2017
Betting industry bracing over new government consultation on gambling
....News: Planning and Environment
Supreme Court Reviews Planning Obligations
26th October 2017
Supreme Court Reviews Planning Obligations
....News: Planning and Environment
James Findlay QC appointed Queen's Counsel in Scotland
5th September 2017
James Findlay QC has been appointed Queen's Counsel in Scotland. He is now Queen's Counsel in both England and Scotland, having been appointed Queen's Counsel in England in 2008. He has practised in Scotland since....Case: Planning and Environment
27th June 2017
(The latest instalment in 'sustainable development' caselaw) The Planning Court (Mrs Justice Lang DBE) handed down judgment today in Reigate and Banstead BC v SSCLG, and upheld a s. 288 challenge....Case: Planning and Environment
Natural England’s approach to in combination impacts of car generating plans cannot be supported
21st March 2017
In a judgment likely to have far reaching implications for plan-making and development control, Mr Justice Jay has held that Natural England's advice on the correct approach to in-combination effects....News: Public Law and Judicial Review, Planning and Environment
Journal of Planning & Environment Law
25th January 2017
James Findlay QC, Tom Cosgrove and Ashley Bowes have written articles for the latest edition of the Journal of Planning & Environment Law. James has co-written an article on housing delivery....Case: Planning and Environment,
Soaring success for James Findlay QC
22nd August 2016
Lord Stewart, following an 8 day hearing, has quashed approvals in respect of four large offshore windfarms off the east coast of Scotland accepting the challenge of RSPB, who were concerned as to the impact on sea birds.
....News: Planning and Environment
Local Government Lawyer - Book Review - Cornerstone on the Planning Court
18th May 2016
Local Government Lawyer has published a review of Cornerstone on the Planning Court; the first guide of its kind to analyse the procedures and work of the Planning Court which....News: Planning and Environment
Cornerstone Annual Planning Day
17th November 2015
"From Green to Blue – planning under the Conservatives" The Cornerstone Annual Planning Day, which took place on 16th November at the Royal College of Surgeons, saw a number of planning consultants, solicitors and....News: Planning and Environment
Cornerstone on the Planning Court
1st September 2015
Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.
....Case: Public Law and Judicial Review, Planning and Environment,
Trump’s tilt at windmills fails: Carnwath contemplates implied conditions in planning permissions
12th August 2015
Donald Trump's challenge to the approval of an offshore windfarm under s.36 of the Electricity Act 1989 by Scottish Ministers has been rejected by the Supreme Court (Judgment can be found here).
....News: Local Government
Cornerstone on Councillors’ Conduct
26th June 2015
Cornerstone on Councillors' Conduct, the definitive guide to local government standards, produced by Cornerstone Barristers, goes on sale today.
....News: Public Law and Judicial Review, Planning and Environment
Planning Magazine: The Planning Law Survey 2015
31st May 2015
Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, Mark....Case: Planning and Environment, Licensing
Cherkley Campaign – end of the road.
1st December 2014
On Thursday 27th November Aikens LJ upheld the decisions of Jay J (who, after a contested hearing, had refused permission for Judicial Review – [2014] EWHC 3291 (Admin)) and Sullivan LJ (who refused an appeal against Jay J on paper) and so terminated Cherkley Campaign's second attempt to frustrate development of a golf course in the grounds of Cherkley Estate in Mole Valley, Surrey. On 10th November, the Supreme Court refused permission to appeal the Court of Appeal's decision rejecting its first attempt, for Court of Appeal see [2014] EWCA Civ 567 although its decision has only recently come to public attention.
....Case: Planning and Environment,
Secretary Of State Upholds Windfarm Refusal In Stratford On Avon
3rd October 2014
The Secretary of State has, agreeing with his Inspector's report, today turned down an application for 4 wind turbines which were proposed to be sited close to the M40 and the Cotswold AONB
....Case: Planning and Environment
New Planning Court signals its intent
27th May 2014
The new Planning Court has shown itself true to its word in seeking to provide an efficient appeal court to deal with challenges to the grant of planning permission. In the latest round of a "store wars" battle concerning rival sites in Whittlesey, Cambridgeshire, the Court last week refused permission to Harrier Developments (a development partner of Tesco Stores) to challenge Fenland District Council's decision to grant consent to Sainsbury's for a major food store
....News: Licensing
27th May 2014
The Law Commission has finally published its recommendations for the reform of the law relating to taxis and private hire services, write Jack Parker and Rory Clarke. Against the background of....Case: Planning and Environment
Council Victory in Cherkley golf course appeal
7th May 2014
In a judgment handed down on 7th May the Court of Appeal unanimously overturned the decision of Haddon-Cave J. It rejected Cherkley Campaign's challenge to Mole Valley DC's grant of planning permission for redevelopment of Cherkley Court and, more contentiously, the creation of a new golf course in the Green Belt, and subject to numerous levels of protection.
....Case: Planning and Environment, Housing
Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15
6th April 2014
Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15
Wednesday, April 06, 2011
News: Planning and Environment
Planning Court opens for business on Monday 7th April
4th April 2014
Courtesy of new CPR54.21 and PD54E the Planning Court gets going on 7th April under the control of Lindblom J. Its coverage is wide and includes effectively all Judicial Reviews and statutory challenges relating to planning and environmental decisions, highways, CPOs, T&W Act matters and village green matters.
....Case: Planning and Environment
Challenge to Bristol Rovers move away from Memorial Ground rejected
21st March 2014
The Administrative Court, sitting in Bristol has rejected an application to quash planning permission for
....Case: Public Law and Judicial Review, Planning and Environment
R (Oao Trashorfield) V Bristol [2014] EWHC 757 Admin
5th March 2014
Richard Ground together with James Findlay QC appeared for Bristol resisting the judicial review. The Council's grant of planning permission which facilitated a £200m regeneration project was successful. It involved....Case: Public Law and Judicial Review, Planning and Environment
Councillor ends judicial review claim over standards committee finding
4th March 2014
A councillor has withdrawn his judicial review claim against East Staffordshire Borough Council over an adverse finding of its standards committee in 2012.
....Case: Planning and Environment
17th February 2014
Summary: UK found to be in breach of Directive provisions requiring environmental proceedings not to be prohibitively expensive but no ruling on reciprocal caps and no comment on the efficacy of the current rules of Court. Opinion is primarily of historical interest, but does provide some useful guidance. Court clarifies that cross undertakings in damages are within the protection of the Directive.
....Case: Planning and Environment, Licensing, Commercial and Regulatory
Scottish Widows Pc & others v Cherwell District Council & others [2013] EWHC 3968 (Admin)
18th December 2013
The High Court has dismissed a challenge by two town centre landowners, Scottish Widows PLC and Aegon UK Property Fund Ltd, against a decision by Chiltern District Council to permit out of centre retail development, including a regional scale M&S, on the edge of Banbury. Chiltern District Council were represented by James Findlay Q.C. and Hugh Flanagan of Cornerstone Barristers.
....Case: Public Law and Judicial Review, Licensing
Breach of Procedure not fatal to prosecution
13th November 2013
The Divisional Court has allowed the Council's appeal in the case of Aylesbury Vale District Council v Call a Cab Limited. It ruled that a single breach of a procedural....Case: Planning and Environment, Housing
Exceptional circumstances only justify evidence as to other public authority reasons
5th November 2013
R. (on the application of Lanner Parish Council) v Cornwall Council [2013] EWCA Civ 1290 involved a challenge to a grant of planning permission for some affordable local needs housing and concerned whether or not the Planning Committee had properly understood its own draft policies
....News: Licensing
Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
1st March 2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters. These....News:
Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
1st March 2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters.
....Case: Planning and Environment
Inspector allows a further appeal by Caffe Nero
27th February 2013
Inspector allows a further appeal by Caffe Nero, represented by James Findlay Q.C., in Marlborough and usefully analyses the extent to which weight should be given to an out of....Case: Local Government
Cornerstone Barristers takes part in launch of new online legal encyclopaedia
10th December 2012
Members of Cornerstone Barristers have played a leading role in contributing to a new online encyclopaedia, launched on 10th December 2012. The "Westlaw UK Insight" is an online legal encyclopaedia....Case: Planning and Environment
NPPF and out of date planning policies
1st June 2012
James Findlay QC acted for Cafe Nero in a very full hearing in Skipton
....News: Planning and Environment
Store wars in the Supreme Court
17th April 2012
In a decision of significance for all planning practitioners, the S
....Case: Public Law and Judicial Review
North Dorset District Council v Trim [2010] EWCA Civ 1446
31st December 2010
The Court of Appeal considered whether it was an abuse of process to proceed by way of a Part 7 claim instead of issuing judicial review proceedings.....Case: Planning and Environment
Morge v Hampshire CC [2010] EWCA Civ 745
15th July 2010
Interim relief pending appeal in case concerning impact on bats and badgers.....Case: Public Law and Judicial Review
Trim v North Dorset DC [2010] EWCA Civ 1446
1st January 2010
Challenge to a BCN should be by way of Judicial Review, not ordinary action. Delay in launching proceedings prevents switch to Judicial Review.....Case: Planning and Environment
R(on the application of Garner) v Elmbridge Borough Council [2010] EWCA Civ 1006
1st January 2010
A leading case on the granting of Protective Costs Orders in judicial review challenges to planning permissions.....News:
19th October 2009
2-3 Gray's Inn Square was pleased to host this essential guide to the latest Housing issues faced by Public Autorities.
....News: Planning and Environment
Planning and Local Government issues for Wales
7th September 2009
Planning and Local Government issues for Wales
Monday, September 07, 2009
Chambers was proud to host this essential guide to the latest Planning and Local Government legislative and policy issues affecting Local Authorities at Cardiff City Hall.
....Case: Public Law and Judicial Review, Planning and Environment
1st January 2009
The secretary of state had discretion as to the manner in which an enforcement notice appeal was reheard following a successful appeal under the Town and Country Planning Act 1990....Case: Planning and Environment
Welwyn Hatfield Council v McGlynn [2009] EWCA Civ 285
1st January 2009
Possession claims and Gateway B.....Case: Public Law and Judicial Review
1st January 2009
Challenge to local government reorganisation.....Case: Licensing
1st January 2009
3rd party joinder on licensing appeals.....Case: Housing
Is a woman's refuge accommodation?
22nd April 2008
R Richards v Ipswich BC & SoS for Communities and Local Government [2008] EWCA Civ 378 A recent decision has sought to clarify this difficult issue and develop a realistic set....Case: Public Law and Judicial Review
17th April 2008
....Case: Planning and Environment
R (Park Pharmacy Trust) v Plymouth City Council
15th February 2008
Challenge to decision to grant planning permission on part Council owned land alleging breach of policy, bias, defects in application process and inadequate reasons rejected.....Case: Planning and Environment
9th January 2008
The last few days of December saw members of Chambers in the Court of Appeal in three very different cases. The cases were: 1. Neath Port Talbot County Borough Council v Ware....Case: Public Law and Judicial Review, Commercial and Regulatory, Health and Social Care
1st January 2008
See full text of case.....Case: Licensing
(R on the application of) v Teignbrige District Council [2008] EWHC 1397 (Admin)
1st January 2008
Challenge to a decision to delimit numbers of taxis, defeated after a contested permission hearing.....Case: Housing
1st January 2008
Wayne Beglan and James Findlay QC acted successfully for Ipswich BC in this joined hearing of two appeals regarding whether a women's refuge constituted "accommodation" for the purposes of the Housing Act 1996 Pt VII.
....Case: Public Law and Judicial Review
Pre-Permission costs in Judicial Review – The Queen (on the application of Davey) v Aylesbury Vale
27th November 2007
The question before the Court of Appeal was whether, as a matter of law or practice, an order for costs made in favour of a successful respondent to judicial review....Case: Public Law and Judicial Review
Davey v Aylesbury Vale [2007] EWCA Civ 1166
1st January 2007
Whether an order for costs made in favour of a successful respondent to judicial review proceedings includes costs incurred prior to the grant of permission unless these are expressly excluded. See....Case: Public Law and Judicial Review
Key Cabs Limited v Plymouth City Council [2007] EWHC 2800 (Admin)
1st January 2007
....Case: Licensing
Key Cabs Limited v Plymouth City Council [2007] EWHC 2837 (Admin), [2008] RTR 11
1st January 2007
Hackney carriage licensing, meaning of requisition, whether an identifiable vehicle needed....Case: Planning and Environment
Perrin & Anor v Northampton Borough Council & Ors [2007] EWCA Civ 1353
1st January 2007
Tree preservation orders, interpretation of exception provisions.....Case: Planning and Environment
Horner v Lancashire County Council & Castle Cement Ltd [2007] EWCA Civ 784
1st January 2007
....Case: Planning and Environment
Swale BC v. FSS [2005] EWCA Civ 1568, [2006] JPL 886
1st January 2006
Appeal against refusal of challenge to Inspector's decision, certificate of lawfulness, immunity by user of residential unit.....Case: Licensing
Sardar & others v. Watford BC [2006] EWHC 1590 (QB)
1st January 2006
Licensing – taxi cab licensing....Case: Planning and Environment
Horner v. Lancashire CC & Castle Cement Ltd [2006] JPL 664
1st January 2006
Challenge to planning permission enabling burning of substitute fuels in cement kilns, whether development Schedule 1 or Schedule 2 development and/or EIA needed, further domestic grounds of challenge as to....Case: Public Law and Judicial Review
1st January 2005
Public law - Local Government - education - appeal panels - fair hearing and exclusions.....Case: Planning and Environment
1st January 2005
Planning - enforcement proceedings - multiple permissions....Case: Planning and Environment
Hart Aggregates Ltd v. Hartlepool BC [2005] EHWC (Admin) 840, [2005] JPL 1602
1st January 2005
Old minerals permission and whether still extant. Conditions precedent and interpretation of condition, need for an EIA....Case: Planning and Environment
Harlow v. South Cambs DC Gregan & Ors [2005] EWHC 173 (Admin)
1st January 2005
Planning - challenge to permission to vary planning permission - proper interpretation of policy - permission to appeal to the Court of Appeal has been granted.....Case: Planning and Environment
Dowmunt-Iwaszkiewicz v. FSS [2005] Env. LR. 375, [2005] JPL 702
1st January 2005
Planning – environment - contaminated land - green belt - policy guidance - challenge to Inspector's decision - adequate reasons....Case: Planning and Environment
Coates & Ors v South Bucks District Council CA [2005] JPL 668
1st January 2005
Planning - gypsy injunction – human rights – reasons and proportionality....Case: Licensing
Brentwood Borough Council v Gladen (Andrew Ernest) [2005] RTR 12
1st January 2005
Licensing - taxi cabs - private hire licensing - requirement for an operator's licence.....Case: Public Law and Judicial Review
Regina (Sacker) v West Yorkshire Coroner [2004] UKHL 11, [2004] 1 W.L.R. 796
1st January 2004
Public law – local government - coroners - human rights - extent of investigation.....Case: Planning and Environment
1st January 2004
Planning - environment - ghost ships – interpretation of planning permission by reference to incorporated documents....Case: Planning and Environment
1st January 2004
Planning - variation of s.106 agreements within 5 years – planning purposes....Case: Public Law and Judicial Review
1st January 2004
Public law - Local Government - housing benefit - human rights - religion and discrimination - ultra vires statutory instruments....Case: Public Law and Judicial Review
1st January 2004
Local Government - housing benefit - human rights - religion and discrimination - ultra vires statutory instruments....Case: Public Law and Judicial Review
1st January 2004
Public law - Local Government - police pensions - medical referee's decision - adequacy of decision letter....Case: Public Law and Judicial Review, Housing
Al-Ameri v Kensington and Chelsea Royal London Borough Council [2004] UKHL 4, [2004] 2 W.L.R. 354
1st January 2004
Public law - Local Government - Housing - immigration and asylum - asylum seekers - homeless persons & local connection....Case: Public Law and Judicial Review
R (On the application of KW) v (1) SENT & ROCHDALE MBC 2003 ELR 556
1st January 2003
Public law - Local Government – education law - requirements as to placement at special school - whether need to fund residential placement....Case: Public Law and Judicial Review
Elliot (R on the application of) v Electoral Commission [2003] EWHC 395 Admin
1st January 2003
Public law - Local Government – electoral law - Election boundaries - delay in seeking relief....Case: Planning and Environment
R. v. Monmouthshire CC ex parte Ward Estates [2002] EWCA Civ 1915
1st January 2002
Planning - land drainage - rights of access.....Case: Planning and Environment
R. v. Knowsley MBC ex parte Williams (2001) Env. L.R. 28
1st January 2001
Planning – environment - statutory nuisance - procedure - appeal successfully resisted notwithstanding Magistrates consented to judgement being set aside.....Case: Planning and Environment
East Lindsey v. Thompson (2001) 82 P&C.R. 420
1st January 2001
Planning - meaning of "owner" under Town and Country Planning Act 1990.....Case: Planning and Environment, Property
Birmingham CC v. Oakley [2001] 1 A.C. 617
1st January 2001
Environment - statutory nuisance - layout of property.....Case: Planning and Environment
R. v. S.O.S.E.T.R. ex p. Dorset C.C. [2000] J.P.L. 396
1st January 2000
Planning - highways - footpath modification orders - evidence of intention not to dedicate.....Case: Planning and Environment
R. v. Durham CC & Others, ex parte Huddlestone [2000] 1 W.L.R. 1484
1st January 2000
Planning - environment - impermissible horizontal direct effect – impact of EIA Directive on deemed minerals planning permission.....Case: Planning and Environment
Cunningham v Birmingham CC 30 H.L.R. 158
6th May 1997
Environment - statutory nuisance – objective or subjective interpretation....Case: Planning and Environment
R. v. Environment Agency, ex parte Dockgrange Ltd and Mayer Parry Ltd (1997) TLR
1st January 1997
Represented Environment Agency in challenge concerning importation of different types of wastes.....020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: Edmund House, 12-22 Newhall Street, B3 3EW
Cardiff: Falcon Drive, Cardiff Bay, Cardiff, Mid Glamorgan, CF10 4RU
DX: LDE 316 (Chancery Lane)
