John Fitzsimons

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John is regularly instructed by a wide variety of public and private clients. He is ranked in Legal 500 as a “rising star”.

Before coming to the Bar, John worked at the Irish Department of Foreign Affairs and Trade and as a paralegal in a leading Irish law firm. 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 holds a degree in Law and French from Trinity College Dublin and a BCL degree from the University of Oxford (Worcester College).

John enjoys volunteering and is always looking for new volunteering opportunities. He volunteers for the Bar Pro Bono Unit, and in the past has volunteered with the Environmental Law Foundation and Southwark Law Centre.

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 sits as a non-executive director on the board of Innisfree Housing Association and 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.

Expertise

Information Law
John has a busy data protection and information law practice. 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 recent experience includes:

Freedom of Information
- 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 strike out and summary judgment applications against unmeritorious data breach claims.
- Defending data breach claims and claims concerning breaches of data subject rights (in particular subject access requests) brought against data controllers.
- Bringing injunctive proceedings in relation to stolen/lost personal data.
- 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).
- 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. He also gives training 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” (Law Society, 1^st ed, forthcoming).
Public Law and 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, John’s recent public law experience includes:
- Appearing for the Appellant with Estelle Dehon in the Supreme Court in R(Fylde Coast Farms Ltd) v Fylde Borough Council UKSC 2019/0167 concerning the interpretation of provisions in the TCPA 1990 for challenging neighbourhood development plans and neighbourhood development orders.
- Appearing for the successful Claimant in R(Wyeth-Price) v Guildford Borough Council and Bewley Homes [2020] EWHC 3355 (Admin) concerning a judicial review challenge raising heritage and flooding issues.
- Representing the successful Claimant in R(Keating) v East Suffolk Council CO/4377/2020 concerning a judicial review for failure to properly carry out EIA in respect of a large poultry production unit.
- Appearing for the Claimant in R(Burton and Dalby Parish Council) v Maldon DC CO/3299/2019 concerning a judicial review challenge raising heritage issues.
- 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 QC, in the Independent Inquiry into Child Sexual Abuse.
- Acting for Uber, with Philip Kolvin QC, 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)
- Instructed by the Department of Communities and Local Government as part of the Grenfell Tower public inquiry ‘junior junior’ team.
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
Planning and Environment
Planning Inquiries

John regularly acts in planning inquiries both on his own and as a junior for Parish Councils, District Councils, Rule 6 parties and other private clients. He has experience of section 78 inquiries, enforcement inquiries and informal hearings. Some of his recent experience includes:

Section 78 Inquiries
- Representing a District Council in a section 78 appeal concerning landscape, character and appearance, design and heritage objections.
- Representing a District Council in a section 78 appeal concerning green belt development and character and appearance objections.
- Representing a Rule 6 party in a two week inquiry involving housing land supply, landscape and highways issues in which the Rule 6 Party, alongside the District Council, successfully resisted the appeal.
- Representing a District Council, with Dr Ashley Bowes, in a 6 day inquiry involving heritage and landscape issues in which he and Dr Bowes successfully resisted the proposed housing scheme, despite the existence of a housing land supply deficit.
- Assisting Estelle Dehon in a two week planning inquiry involving housing land supply and heritage issues in which Estelle, acting for the local authority, successfully resisted a residential scheme of up to 200 units.
Enforcement Inquiries
- Representing a Parish Council in a two week enforcement inquiry concerning a Gypsy/Traveller Caravan Site in which the Parish Council, alongside the District Council, successfully resisted the appeal.
- Representing a District Council in a two day enforcement inquiry involving off-airport parking in which the District Council successfully resisted an appeal on Grounds (a) and (d).
- Representing an Appellant in a two day enforcement inquiry involving Ground (a) and Ground (d) appeals.
Informal Hearings
- Representing a District Council at an informal hearing in which the District Council successfully resisted an application to discharge a planning obligation.
Court Experience

John has acted in a wide array of planning and environmental law matters. His recent Higher Courts judicial review experience includes:
- Acting for the Respondent in R(Oldham) v Dacorum Borough Council CO/2866/2021 concerning an alleged breach of a legitimate expectation.
- Appearing for the Appellant with Estelle Dehon in the Supreme Court in R(Fylde Coast Farms Ltd) v Fylde Borough Council UKSC 2019/0167 concerning the interpretation of provisions in the TCPA 1990 for challenging neighbourhood development plans and neighbourhood development orders.
- Appearing for the Claimant in R(Wyeth-Price) v Guildford Borough Council and Bewley Homes [2020] EWHC 3355 (Admin) concerning a challenge raising heritage and flooding issues.
- Representing the Claimant in R(Keating) v East Suffolk Council CO/4377/2020 concerning a failure to properly carry out EIA in respect of a large poultry production unit.
- Appearing for the Claimant in R(Burton and Dalby Parish Council) v Maldon DC CO/3299/2019 concerning a challenge raising heritage issues.
John’s other recent planning experience includes:
- Appearing for the Claimant in Waverley v Frankham QB 2020 002126 in an application for injunctive relief.
- Prosecuting in the Magistrates’ and Crown Court on behalf of a local authority for breach of condition notice.
- Prosecuting in the Crown Court for breach of an enforcement notice
- Defending a local authority in a two day appeal concerning a noise abatement notice,
- Appearing for the Claimant with Estelle Dehon in Ramsgate Town Council v Thanet District Council [2018] EWHC 3042 (Ch) concerning the Allotments Acts 1908-1950.
- Conducting a local authority’s first prosecution under the Health Act 2006 in relation to the use of Shisha pipes within an enclosed premises.
- Acting for a defendant in an environmental prosecution concerning waste transfer notes.
- Application under s116 Highways Act 1980 to ‘stop-up’ a highway.
Advisory Work

John regularly undertakes planning and environmental advisory work. Recent advisory work includes issues concerning:
- Noise abatement notices
- Unlawful delegation of powers
- Habitats regulations assessments
- Differences between C2 and C3 use and other instances of change of use
- Allotment land
- Application of s106 planning obligations
- Implementation of a forty year old planning permission
- Enforcement issues and variation of conditions
- Construction of ambiguous conditions and implied conditions
- Various GPDO matters
- Building Regulations
- Fracking
- Planning prosecutions
John regularly provides pro bono advice and assistance to the Environmental Law Foundation and his pro bono work with Southwark Law Centre often involves planning matters.
Inquests and Inquiries
- Overview
John has a particular interest in inquests and inquiries. He regularly acts for interested persons and supports witnesses in giving evidence at inquests.

Some particular highlights of his recent experience include:

Inquests
- 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.
- 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.
- Acting for a local authority in an inquest concerning social care and health provision for Prader-willi syndrome.
- Acting for a local authority in an inquest concerning social care autism services and mental health issues.
- Acting for a local authority in an inquest concerning a death in a local authority care home.
- Acting for a local authority in an inquest concerning a death of someone in receipt of social care provision.
- Assisting Estelle Dehon, acting on behalf of a local authority, at a two-day Article 2 inquest involving the death of a minor under police protection powers.
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 matters, information law/data protection, inquests and inquiries, and social care matters (about which more details can be seen within the respective ‘practice areas’ tabs on his profile). He also takes instructions on the following matters:

Housing, Property and Regulatory Law

John has a broad range of experience in housing, property and regulatory law matters.

He often appears on behalf of landlords in possession claims against tenants and trespassers. His housing experience also extends to drafting proceedings and advising clients on prospects of success, particularly in the context of s204 homelessness appeals. He has represented clients successfully in a variety of trials concerning matters such as tenancy fraud and succession.
John also has experience acting on behalf of landlords in applications for injunctions whether for breach of tenancy agreements or to prohibit anti-social behaviour and he has more general experience in landlord and tenant disputes concerning service charges and housing licensing 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.

Although the majority of John’s housing work is for private and social landlords, he has successfully represented tenants and licensees (including on appeal to the Court of Appeal) and is registered for such work with the Legal Aid Agency. He is happy to consider requests for pro bono assistance in housing matters and has provided pro bono housing assistance to Advocate.

John sits as a non-executive director on the board of Innisfree Housing Association.

Licensing

John accepts instructions in all areas of licensing law. Some of his experience to date includes:
- Acting with Philip Kolvin QC in Delta Meryside and Uber Britannia Ltd v Knowsley Metropolitan Borough Council [2018] EWHC 757 (Admin), in which he and Philip acted for Uber and successfully quashed the Council’s ‘predominant use’ policy directed at private hire drivers.
- Assisting Philip Kolvin QC in drafting written submissions on Article 49 TFEU in the case of Rostrun v Guildford Borough Council [2017] EWHC 3141 (Admin), in which Philip acted for the successful local authority in resisting a taxi driver’s appeal.
- Advising potential applicants for gambling licences about the requirements for such applications.
- Advising about the scope of disclosure obligations involved in regulatory investigations conducted by the Gambling Commission’s Panel.
- Providing training to Licensing Committee members on taxi licensing and premises licensing issues.
- Successfully acting for a local authority in defending an appeal against the suspension of a premises licence.
- Successfully acting for a SEV in an application for renewal of a licence.
- Regularly acting as legal advisor to Licensing Committees to assist them in their determination of licensing matters.
- Assisting Philip Kolvin QC with a wide-ranging review of employment practices within the taxi and private hire industry for a well-known private hire company.
John has also provided pro bono support and advice to street traders through his membership of Southwark Law Centre’s pro bono panel of barristers. In particular, he has advised traders who have been relocated in the Peckham Rye Station redevelopment and Elephant and Castle shopping centre redevelopment.
- Tribunal upholds Council’s decision to include ‘drinking man’s boozer’ on list of assets of community value13 Dec 2023
- Moss v Royal Borough of Kingston-upon-Thames & Information Commissioner04 Dec 2023
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020