John Fitzsimons

Call: 2016

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John Fitzsimons
George Regan, Senior Practice Manager
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John Fitzsimons is a versatile junior barrister who maintains a deliberately diverse practice encompassing data protection/information law, planning/environmental law, and general local government and public law work, including inquests.

He is regularly instructed by a wide variety of public and private clients and is ranked in Chambers & Partners and Legal 500 as a leading junior. He has also been ranked among the top-rated planning juniors under 35 in Planning Magazine’s Planning Law Survey (2025).

In 2024 John co-authored “Data Protection, Privacy and Information Law” with Ben Mitchell and Leo Davidson (Law Society, 1st ed, 2024).

 

Professional Background

John holds a degree in Law and French from Trinity College Dublin (which included a year of study at Université Paris-Panthéon-Assas) and a BCL degree from the University of Oxford (Worcester College).

Before coming to the Bar, John worked at the Irish Department of Foreign Affairs and Trade and as a paralegal in leading Irish law firm, Arthur Cox. He interned at JUSTICE and the Court of Justice of the European Union, and tutored Public Law and European Law to undergraduate and postgraduate law students.

John enjoys pro bono work and is always looking for new opportunities. He has undertaken volunteer work for the Bar Pro Bono Unit, the Environmental Law Foundation and Southwark Law Centre. His most recent pro bono experience involved representing the legal charity JUSTICE in the First-tier Tribunal with Estelle Dehon KC in an appeal concerning ethnicity data held by police forces under the PREVENT programme. John and Estelle were instructed by Travers Smith LLP.

John is accredited for public access work. This means he can be instructed by anyone directly. Enquiries about this are welcomed.

As well as his work at the Bar, John regularly provides data protection training on behalf of PDP Training to a range of data protection and privacy professionals in both the UK and Ireland. He sits as a non-executive director and Chair of the Remunerations and Nominations Sub-Committee of the board of Innisfree Housing Association, an Irish Roots Registered Provider of Social Housing. He volunteers with Switchboard LGBT Listening Service and sings with the London Gay Men’s Chorus. He also regularly plays basketball, tennis and padel.

Expertise

  • Information law

    John has a busy data protection and information law practice and is ranked in both Legal 500 (2026) and Chambers and Partners (2026). He has acted in this area for private clients, public bodies and the Information Commissioner, and regularly appears in both the First-tier and Upper Tribunals, as well as the High Court and Court of Appeal. His experience over the last few years includes:

    Freedom of Information

    • Parker v Guildford Borough Council [2025] UKFTT 874 (GRC): Acting for the local authority defending an appeal concerning the question of whether information was held by the authority and whether reliance on s40(2) FOIA was properly made out.
    • Moss v Information Commissioner and RBKT [2025] UKFTT 00537 (GRC): Acting for the local authority in defending an appeal concerning the question of whether information was held by the local authority.
    • HM Treasury v Information Commissioner and Access to Social Care [2024] UKFTT 902 (GRC): Acting for the Commissioner in an appeal concerning the application of s35 FOIA.
    • Hackney LBC v Information Commissioner [2024] UKFTT 373 (GRC): Acting for the Appellant in an appeal concerning disclosure of an Information Asset Register and s31(1)(a) FOIA.
    • JUSTICE v Information Commissioner [2024] UKFTT 154 (GRC): Acting, with Estelle Dehon KC, for JUSTICE in an appeal concerning ethnicity data held by police forces under the PREVENT programme.
    • Moss v Kingston-upon-Thames RLBC [2023] EWCA Civ 1438: Acting for the Respondent in the leading case considering the use of contempt powers under s61 FOIA.
    • Shipton v Information Commissioner [2023] UKUT 170 (AAC): Acting for the Second Respondent in an appeal concerning the composition of an FTT panel.
    • Rotherham MBC v Harron [2023] UKUT 22 (AAC): Acting for the Appellant in an appeal against certification of an offence of contempt to the Upper Tribunal.
    • Moss v Kingston upon Thames [2023] EWHC 27 (KB): Acting for the Respondent in the first High Court case to consider the use of contempt powers under s61 FOIA.
    • Moss v Kingston upon Thames [2022] UKFTT 322 (GRC): Acting for the Respondent in contempt proceedings brought against it by an FOI requester.
    • FCDO v (1) Information Commissioner and (2) Williams, Wickham-Jones and Lownie 2021 [UKUT] 248 (AAC): Acting for one of the Second Respondents in an appeal which considered whether it is permissible to rely on sections 23 and 24 FOIA in the alternative.

     

    As well as his court and tribunal work, John regularly advises clients about:

    • Reliance on various exemptions under FOIA and EIR;
    • Duties of search;
    • Drafting of Refusal Notices;
    • Handling complaints made to the ICO; and
    • Merits of appeals against ICO Decisions

     

    Data Protection

    • Advising a variety of private and public bodies about liability and quantum issues in respect of personal data breaches and other potential breaches of data protection legislation.
    • Bringing injunctive proceedings in relation to stolen/lost personal data (e.g. Atos IT Services Ltd v Rippon [2025] EWHC 2553 (KB))
    • Bringing strike out and summary judgment applications against unmeritorious data breach claims (e.g. Suleman v Practice Plus Group, County Court at Leeds, December 2024)
    • Defending data breach claims and claims concerning breaches of data subject rights (in particular subject access requests) brought against data controllers.
    • Advising and acting for claimants in multi-claimant data breach claims (e.g. Bowyer & 765 others v South Staffordshire Water plc, High Court, ongoing)
    • Advising and assisting claimants in exercising their individual rights under UK GDPR, in particular, right to be forgotten, right to rectification and subject access rights, as well as rights under PECR.
    • Reviewing privacy notices and other policy documents for a range of joint controllers, data controllers and data processors
    • Advising on disputes concerning data processing agreements, data sharing agreements (particularly in a health and social care context), joint controller agreements and other contractual arrangements, including transfers of data abroad.
    • Advising public sector clients about the Law Enforcement Directive and the interaction between Part 2 and Part 3 DPA 2018.
    • Drafting responses to ICO investigations.
    • Drafting written observations for the Court of Justice of the European Union with Philip Coppel KC in a preliminary reference matter considering the scope of the journalistic exemption under the data protection legislation.
    • Acting with Estelle Dehon KC in a four day multi-track trial involving a long running damages claim against a public body for alleged breaches of data protection legislation (Cooper v National Crime Agency, London County Court).
    • Providing advice and support as a “subject matter expert” to HewardMills, a global DPO service.
    • Providing training for a wide array of clients in both the private and public sectors on data protection. Running training sessions for PDP both in the UK and in Ireland on PDP’s Level 1 and Level 2 Data Protection courses.

     

    Publications

    John formerly wrote the regular case law update for the Freedom of Information Journal and many of his case law updates can be found on Westlaw. He is also a contributing author to the leading texts on data protection and information law, namely “Information Rights” by Philip Coppel QC (Hart, 6th ed 2023) and “Data Protection: A Practical Guide to UK Law” by Peter Carey (Oxford, 6th ed 2020). He is a co-author of “Data Protection, Privacy and Information Law” with Ben Mitchell and Leo Davidson (Law Society, 1st ed, 2024).

  • Planning & environment

    John has a busy planning practice advising and acting for housebuilders, other private clients, local planning authorities and residents’ groups in a wide range of planning, environmental and highways matters including residential, infrastructure, enforcement work and plan-making. His experience and expertise extend from planning application stages right up to planning inquiries, judicial reviews and s288 challenges. He is ranked as a leading junior in Legal 500 and has also been ranked among the top-rated planning juniors under 35 in Planning Magazine’s Planning Law Survey (2025).

    His inquiry experience includes a range of s.78 and enforcement and LDC appeals across the country. His most recent inquiry experience includes:

    • Residential s78 Appeals:
      • Acting for Derbyshire Dales District Council with Tom Cosgrove KC – outline application for up to 345 residential units, and a full application for 78 residential units. Appeal raised flooding, landscape, viability and biodiversity issues (2025).
      • Acting for Buckinghamshire Council with Richard Ground KC – 17-day s78 appeal concerning the non-determination of planning permission for over 500 dwellings, primary school and employment land in Gomm Valley, High Wycombe. Appeal raised issues including highways, ecology, landscape and design (2024).
      • Acting for Bedford Council – 40 dwellings on a site within a Rural Service Centre village identified for growth where Neighbourhood Plan allocated only 30 dwellings. Appeal raised issues of highways and heritage assets (2023).
      • Acting for Braintree District Council – a neighbourhood centre including three retail units, 70 bedroom care home, and 44 residential dwellings. Appeal was rejected on design grounds (2023).
      • Acting for Rule 6 Party Residents of Wellpond/Westland Green – details of a condition of planning permission for gypsy and traveller site, in particular foul and surface water drainage (2022).
      • Acting for Tonbridge and Malling District Council – 36 retirement living apartments. Appeal raised issues of viability and flooding (2022).
      • Acting for Tonbridge and Malling District Council – 75 houses on farmland but significant harm to rural character. Also raised issues of noise (2022).

     

    • LDC Appeals:
      • Acting for an Appellant in an LDC appeal to establish a HMO use (2025 – 2026 ongoing)
      • Acting for Lewis District Council in a LDC appeal for static caravan as a separate planning unit (2025)
      • Acting for South Cambridgeshire District Council in a LDC appeal for a B8 storage use (2025)
      • Acting for Tonbridge and Malling District Council in a LDC appeal for erection of a garden outbuilding subject of a previously upheld enforcement notice appeal requiring its use as a single family dwelling to cease (2023).

     

    • Enforcement Appeals:
      • Acting for Tonbridge and Malling District Council – unauthorised (sui generis) mixed residential, B2 and B8 use of land in Green Belt and AONB countryside (2022).
      • Acting for Tonbridge and Malling District Council – unauthorised development in green belt from equestrian land to two pitch gypsy site (2022).
      • Acting for Waverley Borough Council – unauthorised arboretum and sculpture park storage yard and hardstanding from agricultural woodland in green belt and AONB (2022).

     

    John regularly appears in the planning court. He acted as a junior in the Supreme Court in the leading case to consider challenges to neighbourhood plans (R(on the application of Fylde Coast Farms Ltd) v Fylde BC [2021] UKSC 18) and has successfully acted for claimants in a number of judicial review challenges including:

    • R(Watton) v Cornwall Council [2023] EWHC 2436 (Admin): Acting for the Claimant, with Richard Ground KC, in a judicial review concerning a planning permission for a large crematorium in Cornwall.
    • R(Wyeth-Price) v Guildford Borough Council and Bewley Homes [2020] EWHC 3355 (Admin): Acting for the Claimant concerning a challenge raising heritage and flooding issues.
    • R(Keating) v East Suffolk Council CO/4377/2020: Acting for the Claimant concerning a failure to properly carry out EIA in respect of a large poultry production unit (conceded by the Defendants before the hearing).

     

    John also regularly assists local authorities in defending and settling judicial review challenges at pre-action stage and after issue of claim. His Court work in 2025 has involved successfully defending four judicial reviews at pre-action or permission stages. His advisory work extends across the full breadth of planning and environmental matters such as climate change, renewables, PD rights, allotments, waste, flooding, heritage, affordable housing/viability, CIL, habitats, EIA and local plan-making.

    John also has a particular interest in Assets of Community Value. He regularly advises nominators and authorities about how to deal with such applications. He has also acted in the leading Upper Tribunal case to consider the meaning of “realistic to think” under the Localism Act 2011, s88(2)(b): Dragonfly Architectural Services Ltd v Brighton & Hove City Council [2025] UKUT 51 (AAC).

  • Inquests & inquiries

    John regularly acts for interested persons and supports witnesses in giving evidence at inquests. In his early years of practice, he regularly worked on health and social care matters (particularly in the Court of Protection), and in social housing law. His knowledge of the social care and social housing sectors often assists in his ability to represent clients in inquests relating to those sectors.

    Some examples of his recent experience include:

    Inquests

    • Inquest touching on the death of AJA: Acting for a local authority in an inquest concerning the death by suicide of a young man in the care of mental health services (2025)
    • Inquest touching on the death of EG: Acting for a local authority in an inquest concerning the death of a young man being supported by the Leaving Care Service under the Leaving Care Act 2000 (2025)
    • Inquest touching on the death of RA: Acting for a local authority in an inquest concerning a death of a child in care (2025)
    • Inquest touching on the death of SH: Acting for a local authority in an inquest concerning a fatal attack by one resident of a care home on another (2024)
    • Inquest touching on the death of PGB: Acting for a local authority in an inquest concerning the death of a person in residential care following a fall (2024)
    • Inquest touching on the death of ZA: Acting for a local authority in an inquest concerning the attack, sexual assault and murder of ZA as she walked home from a night out in Ilford 2022. The perpetrator was on licence and under the supervision of the Probation Service having recently been released from prison (2024)
    • Inquest touching on the death of CP: Acting for a local authority in an inquest concerning discharge planning arrangements for an individual moving from hospital to care at home (2024)
    • Inquest touching on the death of NS: Acting for a local authority in an inquest concerning a fire-related death in social housing (2023)
    • Inquest touching on the death of CC: Acting for a local authority in an inquest concerning the death of an individual in receipt of social care (2022)
    • Inquest touching on the death of FG: Acting for a local authority concerning a death in a local authority care home (2021)
    • Inquest touching on the death of JL: Acting for a local authority in a ten-day Article 2 inquest concerning issues relating to mental health act assessments, psychiatric care and police pursuits (2021)
    • Inquest touching on the death of MB: Acting for a local authority in an inquest concerning social care and health provision for Prader-willi syndrome (2021)
    • Inquest touching on the death of BR: Acting for a local authority in a five-day jury inquest concerning training of care staff, a fall from a hoist and subsequent safeguarding inquiries (2019)

     

    Inquiries

    • Acting for a local authority responsible for various safeguarding matters at the Independent Inquiry into Child Sexual Abuse.
    • Instructed as a ‘junior junior’ for the Department of Communities and Local Government in relation to the Grenfell Tower Public Inquiry.

     

  • Local government

    As part of his public law and regulatory practice, John regularly represents local authorities and those acting against local authorities in a wide variety of matters. This includes planning/environmental law, information law/data protection and inquests and inquiries (about which more details can be seen within the respective ‘practice areas’ tabs on his profile).

    John’s local government work also extends to various regulatory law matters. John often acts for local authorities in FtT (Property) matters concerning appeals under the Housing Act 2004 and under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.

    John also has experience representing and advising local authorities and nominators in appeals to the FTT (GRC) concerning the registration of Assets of Community Value. He recently acted in the leading Upper Tribunal case to consider the meaning of “realistic to think” under the Localism Act 2011, s88(2)(b): Dragonfly Architectural Services Ltd v Brighton & Hove City Council [2025] UKUT 51 (AAC).

    John’s local government expertise also extends to advising local authorities about complaint handling, including dealing with housing ombudsman complaints and complaints concerning the conduct of Councillors.

  • Public law & judicial review

    John has a broad public law and judicial review practice. He has experience in advising both public bodies and private clients in this area. His public law work spans many of Chambers’ practice areas including planning and environmental, licensing, inquests and inquiries, local government and information law. Further details of John’s work in these areas of practice can be seen within the ‘practice areas’ tab on his profile. In brief, some highlights of John’s public law court experience include:

    • Dragonfly Architectural Services Ltd v Brighton & Hove City Council [2025] UKUT 51 (AAC): Acting for the Council in the leading Upper Tribunal case to consider the meaning of “realistic to think” under the Localism Act 2011, s88(2)(b)
    • R(Watton) v Cornwall Council [2023] EWHC 2436 (Admin): Acting for the Claimant, with Richard Ground KC, in a judicial review concerning a planning permission for a large crematorium in Cornwall.
    • R(on the application of Fylde Coast Farms Ltd) v Fylde BC [2021] UKSC 18: Acting for the Appellant with Estelle Dehon KC in a judicial review concerning the interpretation of provisions in the TCPA 1990 for challenging neighbourhood development plans and neighbourhood development orders.
    • R(Wyeth-Price) v Guildford Borough Council and Bewley Homes [2020] EWHC 3355 (Admin): Acting for the Claimant in a judicial review challenging a planning permission on grounds raising heritage and flooding issues.
    • R(Keating) v East Suffolk Council CO/4377/2020: Acting for the Claimant in a judicial review challenging a planning permission on grounds that there was a failure to properly carry out EIA in respect of a large poultry production unit.
    • Instructed by the Department of Culture, Media and Sport in order to consider various legislative amendments required in the context of the Data Protection Bill 2018.
    • Instructed by the Department of Culture, Media and Sport in relation to further matters arising in respect of the Data Protection Act 2018.
    • Acting for a local authority, with Ashley Underwood KC, in the Independent Inquiry into Child Sexual Abuse.
    • Acting for Uber, with Philip Kolvin KC, in Delta Merseyside and Uber Britannia Ltd v Knowsley Metropolitan Borough Council [2018] EWHC 757 (Admin) where the Claimants successfully quashed the Council’s ‘predominant use’ policy directed at private hire drivers.
    • Acting for a local authority in a dispute concerning allotment land, led by Estelle Dehon, in Ramsgate Town Council v Thanet District Council [2018] EWHC 3042 (Ch)

    John is brilliant to work with. He is insightful, commercial, quick and client-friendly.

    Chambers UK Bar (2026)

    John is personable, client friendly, and shows sound judgement. He has a good perspective on what the client is seeking to achieve and is adaptable to circumstances.

    Legal 500 (2026)

    John has no weaknesses. His advice is clear and to the point and his advocacy in court is excellent.

    Legal 500 (2025)

    He works well with clients and delivers excellent results.

    Chambers UK Bar (2025)

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