Matt Hutchings KC

> People > Barristers > Matt Hutchings KC

Matt has a broad practice spanning the full range of chambers’ public law work, property, and commercial and regulatory litigation. He is the ideal barrister to advise in cases involving elements of commercial, property and public law.

Matt has several decades of experience in appearing before the High Court in both judicial reviews and commercial trials, as well as of appellate advocacy, including at the highest level.

Recent public law cases include Supreme Court briefs in R(Z) v Hackney, McDonald v McDonald, Hotak v Southwark and R(N) v Lewisham. He also appeared in the CJEU in R(Hemming) v Westminster. Matt has appeared before the Court of Appeal on dozens of occasions.

Recent trial work includes Rail for London v Hackney, a landlord and tenant dispute in the Chancery Division about the construction of a rent covenant, implied terms and estoppel by convention, Chalfont St Peter v Holy Cross, a claim in unlawful interference/unlawful means conspiracy arising out of alleged planning fraud, Southwark v London District Housing Association & ors, a multi-party claim for breach/evasion of planning obligations and the Building Act arbitration following the Supreme Court decision in Manolete Partners v Hastings.

He frequently acts for or against the government as well as in disputes between private individuals and organisations, often in the development sector, and has a keen understanding of his clients’ commercial and strategic aims.

Matt is very active across the social housing sector, providing strategic advice to many London boroughs, particularly in the areas of regeneration, property, homelessness, and housing.

A significant part of Matt’s practice relates to highways and traffic management.

Matt offers advice that is strategic, practical and realistic.

In June 2016 Matt was appointed Junior Counsel to the Crown – A Panel.

His appointment to A Panel ceased on being appointed QC in February 2017.

Expertise

Property
Many of Matt’s cases are about property or have a property law element.

Matt combines both depth and breadth of knowledge, covering the full range of chambers’ Property work, including:
- landlord and tenant (both residential and commercial)
- real property
- development sites affected by easements, restrictive covenants and access issues
- trusts
- equitable remedies
- conveyancing disputes
- contested CPOs and CPO compensation
- planning enforcement
- property-related contracts and torts
- property-related professional negligence
Matt’s recent caseload includes:
- Manolete Partners v Hastings: 9 day Building Act arbitration following Supreme Court decision involving expert engineers, valuers and accountants. £20m claim for loss of business due to closure of Hastings Pier. Ex turpi causa defence based on breach of Health and Safety legislation. Loss of business claim rejected by arbitrator.
- Chester Road and Balmore Street: defending threatened group litigation by 50 leaseholders in respect of construction defects. No proceedings brought.
- Bacton Low Rise Estate: advice and representation in relation to nuisance, derogation from grant and contested CPO in respect of major residential development. CPO challenges dismissed and possession of development site obtained.
- Southwark v London District Housing Association & ors: multi-party claim for breach of planning obligations. Avoidance scheme, sham transactions and economic tort. Listed for 15 day trial in Ch D. Claims in respect of three sites settled, with defendants transferring 17 flats back into affordable housing use at no cost to Matt’s client. Claim at fourth site settled: 15 leaseholders and 5 banks conceded Matt’s client’s claim, with the result that 9 further flats were returned into affordable housing use.
- Advising Camden in relation to threatened claims arising out of defective cladding at the Chalcots Estate. No claims issued.
- Fevore Group v Network Rail: nuisance claim arising out of diesel contamination of commercial premises involving expert engineers and valuers. Settled after exchange of expert reports on terms that Network Rail purchased the contaminated land.
- Saul Construction v Hemsworth: defended claim for specific performance of contract for sale of sports centre on ground of rescission under multiple notices to complete. Claim settled on favourable terms at mediation.
- Rail for London v Hackney: dispute about interpretation of rent provisions in commercial lease for 99/125 years worth c.£2m per annum. Interpretation of rent covenant, implied terms and estoppel by convention. The Chancery Division trial took place in October 2022.
- St Anne’s House Man. Co. Ltd v TfL: defending claim for ransom value of a strip of land blocking the rear exit to the Elizabeth Line station at Tottenham Court Road, allegedly omitted from GVD under the Crossrail Act 2008.
- Alil Industrial Ltd v Jam Factory Freehold Ltd: defending claim for an injunction prohibiting and damages in respect of residents’ use of bin store on the basis that the claim arose out of a breach of planning control. Settled on terms that the claimant granted a lease of the bin store.
- East Ham Regeneration Ltd v David Wilson Homes Ltd: claim for £1.3m rights of light payment under overage deed; interpretation of “residential development”.
- Rail for London v Urban Edge Group Ltd: claim to rectify an agreement settling compensation claim in respect of land CPO’d for the East London Line Extension.
- AHGR Ltd v Marsh: defending claims for declarations of breaches of user covenants in three long leases of live-work units in Southwark and negotiation damages; security for costs.
Public Law and Judicial Review
Matt advises local authorities on major projects, such as the High Road West housing development in Tottenham, and the West End Project traffic scheme in Bloomsbury.

He is very active across the social housing sector, providing strategic advice to many London boroughs, particularly in the areas of regeneration, property, homelessness and housing.

A significant part of Matt’s practice relates to highways and traffic management.

He also represents his clients in high profile litigation over a wide range of local government functions and legal issues, from public law to contract law, as illustrated by his recent reported cases.

Supreme Court
- R(N) v Lewisham and R(H) v Newham: article 8 and eviction without due process
- Hotak v Southwark: meaning of “vulnerable”
- McDonald v McDonald: Human Rights horizontality
- R(Z) v Hackney: first Supreme Court case on positive action under the Equality Act
Court of Justice of the EU
- R(Hemming) v Westminster: Services Directive and licensing
Court of Appeal
- R(Davey) v Cambridge: correct approach to interim injunction in Aarhus claim
- R(HA) v Ealing: indirect discrimination arising out of working household priority
- R(Z) v Hackney: positive action under the Equality Act and housing allocation
- R (Burns) v Winchester: defending challenge to decision to enter into agreement for lease of open space: permission to proceed refused with costs
- Hodge v Folkestone & Hythe: meaning of “accommodation” under Part 7 of the Housing Act 1996 and whether it includes “move on” temporary accommodation
High Court
- R(Kensington & Chelsea) v Ealing: JR of refusal of homelessness local connection referral
- Southwark v London District Housing Association: claim in Chancery Division, issues included whether s.106 TCPA authorises restrictions on dispositions of land
- Dacorum v Bucknell: at what point does accommodation for the homeless become “let as a dwelling”?
- Kuznetsov & Braginzuk LLC v DCLG and LB Camden: successfully defended challenges to CPO and GVD in respect of major residential development
- Imperial London Hotels v Camden: successfully defended challenge to Bloomsbury traffic order
- Waltham Forest v Redbridge: represented local authority in successful mediation about liability for costs of care c.£1m
- Aspire Luxury Homes v Hart DC: successfully defended strike out of Part 7 claim seeking declarations in relation to s.106 agreement
- R(Mallon-Montero) v Lewisham: whether residence rule in housing allocation scheme offends reasonable preference duty: High Court Judge upheld scheme, holding that a previous High Court decision on the reasonable preference duty was incorrect.
- UTAG & LTDA v Camden: defending challenge to traffic order restricting licensed taxis’ use of Tottenham Court Road: after service of Camden’s evidence, the claim was discontinued with costs; the traffic orders remain in force
Commercial and Regulatory
Matt has several decades of experience in commercial litigation, including contested applications for the full range of interim remedies, such as injunctions, freezing orders, search orders and security for costs. He relishes the challenges of High Court trials. He regularly advises on a wide variety of commercial disputes, procurement and commercial JRs.

His recent caseload includes:
- Manolete Partners v Hastings: 9 day Building Act arbitration following Supreme Court decision involving expert engineers, valuers and accountants. £20m claim for loss of business due to closure of Hastings Pier rejected by arbitrator.
- Southwark v London District Housing Association & ors: multi-party claim for breach of planning obligations. Avoidance scheme, sham transactions and economic tort. Listed for 15 day trial in Ch D. Claims in respect of three sites settled, with defendants transferring 17 flats back into affordable housing use at no cost to Matt’s client. Claim at fourth site settled: 15 leaseholders and 5 banks conceded Matt’s client’s claim, with the result that 9 further flats were returned into affordable housing use.
- Merthyr Tydfil v Merthyr (South Wales) Ltd: successfully obtained summary judgment for £6m in respect of monies to be paid into escrow account and successfully defended appeal to Court of Appeal.
- Representing firm of solicitors in claim for breach of fiduciary duties against former partner; successfully obtained worldwide freezing order. Successful mediation of knowing receipt claim against wife of the former partner in the firm.

He demonstrates phenomenal intellect and is refreshingly honest in his advice. He is great on his feet, always well prepared and easy to deal with.
Chambers UK Bar (2022)

He demonstrates phenomenal intellect and is refreshingly honest in his advice.
Chambers UK Bar (2022)

Matt is a standout barrister. He is bright, sensible and a pleasure to have as an opponent.
Chambers UK Bar (2023)

About Matt

Directory Quotes
- Social Housing – “Matt is a standout barrister. He is bright, sensible and a pleasure to have as an opponent.” Chambers and Partners 2023
- Local Government – “He is very smart and quick-witted.” Chambers and Partners 2023
- Local Government – “He demonstrates phenomenal intellect and is refreshingly honest in his advice.” “He is great on his feet, always well prepared and easy to deal with.” Chambers and Partners 2022
- Social Housing – “Highly regarded, passionate advocate with a broad housing practice. He is known for his adept representation of local authorities, tenants and homeless applicants before all levels of court. Strengths: “His oral advocacy is impressive.” Chambers and Partners 2021
- Local Government – “A civil and commercial litigation specialist who offers further expertise in real estate, housing and public sector law. He is highly sought after by public authorities. Strengths: “Very incisive and knowledgeable about local government and housing law.” “Excellent in court.” Chambers and Partners 2021
- “An incredible barrister – he is articulate and charming.” “He’s very bright, very professional and a sensible opponent.” “An excellent barrister who is quick at turning things around and is able gets straight to the heart of the matter.” Chambers and Partners 2020
- “Excellent.” “A strong advocate. He is very hard-working.” Chambers and Partners 2020
- “Very impressive and someone who offers good client service.” “A superb new silk.” Chambers and Partners 2019
- “A civil and commercial litigation specialist who offers further expertise in real estate, housing and public sector law. Having recently taken silk, he is highly sought after by private individuals, public authorities and commercial entities. ‘He’s ferociously bright and incredibly commercially minded.’ ” Chambers and Partners 2018
- “Hardworking and bright” ” A well-deserved new silk who is a very good lawyer.” Chambers and Partners 2018
- “He provides a high-quality service which encompasses great preparation of files, robust skeleton arguments and stylish presentation in court.” Chambers and Partners 2017
- “Very tenacious and a stiff opponent for anyone.” Chambers and Partners 2016
- “He’s very impressive and very smart.” “His analytical skills and ability to extract salient facts pertinent to the case are unbelievable.” Chambers and Partners 2016
Services
- Regularly provides strategic advice to Government across a wide range of functions.
- Highly regarded trainer and lecturer to Government and Development sectors.
Associations
- ALBA
- PBA
- HRLA
Publications
Notable Cases