John Fitzsimons

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:

• 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.
• Drafting summary grounds of defence in immigration proceedings on behalf of the Home Office. 
• As a pupil, assisting Estelle Dehon at a substantive judicial review in the High Court (R (on the application of Muhammad v Secretary of State for the Home Department [2017] EWHC 745 (Admin) concerning unlawful detention. 

John also has particular experience of liability orders for Council Tax and Non-domestic Rates and has successfully acted in set aside applications on behalf of ratepayers.

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 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 experience includes:

• Prosecuting on behalf of a local authority for breach of condition notice. 
• Defending a local authority in a two day appeal concerning a noise abatement notice.
• 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.

His current Higher Courts instructions include:

• Acting for the claimant with Estelle Dehon in Oyston Estates v Fylde BC [2020] a case dealing with the jurisdiction to challenge neighbourhood plans which will be heard in the Supreme Court later this year
• Acting for the claimants in a High Court judicial review involving heritage matters in R(Burton and Dalby Parish Council) v Maldon DC  to be heard later this year.

His other Higher Courts experience includes:

Ramsgate Town Council v Thanet District Council [2018] EWHC 3042 (Ch)

An area of land had been released from its designated use as allotment land when the secretary of state gave consent for a local authority to dispose of it under the Allotments Act 1925 s.8. Even though the local authority had not disposed of the land immediately, it no longer held the land for "any purpose of the Allotments Acts 1908-1950" and the land did not transfer to or vest in a newly-formed parish council under the Local Government (Parishes and Parish Councils) (England) Regulations 2008 reg.9.

Keenan v Woking Borough Council [2017] EWCA Civ 438 (assisting Estelle Dehon as a pupil)

An LPA's failure to respond within the required 28 days to an application under the Town and Country Planning (General Permitted Development) Order 1995 ("the GPDO 1995") for a determination as to whether its prior approval would be required, will not allow development which is not "permitted development" to become "permitted development" by default.

Burford v Secretary of State for Communities and Local Government [2017] EWHC 1493 (Admin) (assisting Estelle Dehon as a pupil)

Curtilage is not simply a land use, and using land as incidental to the enjoyment of a dwelling house is not determinative of that land being curtilage.

Preston New Road Action Group and Gayzer Frackman v Secretary of State for Communities and Local Government [2017] EWHC 808 (Admin) (assisting Estelle Dehon and Marc Willers QC as a pupil)

Challenge in respect of permission granted by the Secretary of State for hydraulic fracturing works to take place in Lancashire.

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. 

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

Data Protection

• Advising and assisting the Department of Culture, Media and Sport on various issues arising in respect of the Data Protection Bill 2018. As a result, he was subsequently instructed to provide assistance to DCMS in matters concerning the Data Protection Act 2018, including assisting with the implementation of changes to the Data Protection Act 2018 that will be necessitated by Brexit.
• Advising a wide array of private and public bodies about the implications of GDPR and the Data Protection Act 2018 on their business practices. 
• Advising private and public bodies about PECR and the interaction between PECR and GDPR for direct marketing purposes. 
• 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.
• Advising and assisting claimants in exercising their individual rights under GDPR, in particular, right to be forgotten, right to rectification and subject access rights. 
• Reviewing privacy statements, data processing agreements and other contractual arrangements.
• 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 QC in a preliminary reference matter considering the scope of the journalistic exemption within the Data Protection Act 1998.
• Acting with Estelle Dehon in a four day multi-track trial involving a long running damages claim against a public body for alleged breaches of the Data Protection Act 1998 (Cooper v National Crime Agency). 
• 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. 

Information Law

John regularly advises clients about information law matters and has experience in representing clients in First-tier Tribunal appeals. John's recent experience includes:

• Advising clients about reliance on various exemptions under FOIA.
• Assisting clients in drafting Refusal Notices. 
• Advising clients about the release of information under EIR.
• Acting for clients in appeals before the First-tier Tribunal.
• Providing training to public sector clients on FOIA and EIR.
• Giving training on PDP's Level 1 FOI course. 

Publications

John regularly writes the case law update for the Freedom of Information Journal. He is also a contributing author to the leading texts on data protection and information law, namely "Information Rights" by Philip Coppel QC (Hart, 5th ed 2020) and "Data Protection: A Practical Guide to UK Law" by Peter Carey (Oxford, 6th ed 2020). 

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 experience to date 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 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.
• 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.

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. 
• Successfully acting for the Driver and Vehicle Licensing Agency in resisting an appeal against its revocation of a licence.
• 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 also provides 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. 

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

He regularly 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. 

As a pupil, John assisted Dean Underwood and Ranjit Bhose QC in the Court of Appeal case of Southern Housing Group v Ahern [2017] EWCA Civ 1934, which provides useful guidance as to the approach of the county court to public law defences based on alleged breach of policy. 

John advises clients on a wide range of housing issues and has particular experience in drafting advices in the context of right to buy applications. His advisory work extends to disrepair claims, non-residential landlord and tenant disputes and claims by leaseholders for breach of covenant.

Although the majority of John's housing and property law work is for  private and social landlords, he has also successfully represented tenants and licensees 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 currently provides pro bono housing assistance to the Bar Pro Bono Unit. 

John welcomes instructions in regulatory and commercial law, particularly where such instructions overlap with his other practice areas. For example:

• He is particularly interested in the commercial aspects of data protection and information law and has experience in advising clients concerning regulatory and commercial issues relating to GDPR, PECR, and FOI.
• He regularly advises licensing clients about regulatory issues.
• He often assists planning clients with interpretation of complex provisions within s106 Agreements. 

As well as this, John has more general civil litigation experience. This includes:

• Summary judgment and strike out applications in the context of contractual disputes at both County Court and High Court levels.
• Both bringing and resisting applications to set aside judgments.
• Professional negligence claims against solicitors.
• Enforcing judgment debts in the County Court.
• Advising clients in relation to insolvency proceedings. 

John often appears on behalf of local authorities in the Court of Protection and he provides advice on the full range of mental capacity law including best interests, welfare applications and deprivations of liberty. 

His practice in this area is complemented by his in depth knowledge and experience of social housing matters and social care issues, particularly those that arise in the context of his work in inquests. 

John accepts instructions from all parties that may appear before the Court of Protection including local authorities, statutory agencies, health and social care providers, family members and individuals. 

The majority of his present instructions are from local authorities responding to s21A applications.