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Philip Kolvin

Steven Gasztowicz QC

Called
1981
Silk/QC
2009
Telephone
020 7242 4986
CV
Email

Steven Gasztowicz QC specialises in property matters, planning and public law, and commercial and regulatory work.

He advises and represents local authorities, companies, and private individuals. He appears before all courts, ranging from the Supreme Court to the High Court and county court. He also sits as a Recorder, dealing with criminal, civil, and specialist chancery matters.

He has experience of a wide range of work, and provides authoritative and practical advice, as well as representation, particularly in the following areas:

  • Property: rights of way, restrictive covenants, adverse possession, proprietary estoppel, trusts, highways, trespass, drainage law, nuisance claims, and commercial landlord and tenant;
  • Planning: planning and local plan inquiries, enforcement proceedings, statutory appeals, s106 obligations, ancillary rights, injunctions, and all other planning and planning-related work;
  • Public law: statutory powers, conduct matters, judicial review, and case stated, statutory, and other appeals;
  • Commercial and regulatory: contract, negligence and professional negligence, breach of statutory duty, misrepresentation, company, and regulatory matters.

He appears before the Supreme Court, the Court of Appeal, the High Court (both the Chancery and Queen's Bench Divisions, including the Administrative Court), county courts, and planning inspectors.

He also appears before other tribunals, ranging from those dealing with property matters to disciplinary and other bodies.

He also sits as a Recorder, dealing with criminal, civil, and specialist chancery matters.

His breadth of knowledge enables him to deal with matters crossing different fields, as well as those within individual practice areas. He works flexibly and quickly.

Overview

Steven Gasztowicz QC has substantial experience advising on a wide range of property matters, enabling clients to know where they stand in relation to the law. He appears before all types of court including the High Court and above, county courts, and land and property tribunals.

His property work includes:

  • easements, ranging from rights of way for residential or industrial purposes to such things as rights for aircraft operators over airport land, and claims of fishing rights preventing development of the riverbank;
  • restrictive covenants of all types, including their interpretation, enforceability, and release;
  • adverse possession, nuisance, and trespass claims;
  • statutory rights and liabilities;
  • highway matters;
  • public open space, including village greens;
  • trusts of land, including constructive and resulting trusts;
  • proprietary estoppel
  • fraud and fraudulent transfers;
  • commercial landlord and tenant disputes, including the interpretation of leases, and claims for breach of covenant or for the renewal or termination of leases;
  • professional negligence claims against solicitors, surveyors, and others, including local authorities, in relation to property matters;

Recent appellate work includes dealing with issues relating to statutory compensation (Hastings BC v Manolete Partners plc, in the Supreme Court), rights of landowners (Barratt Homes v Welsh Water, Supreme Court), and the ability to sue in relation to matters relating to property transactions (Pathania v Addeji and Bank of Scotland, in the Court of Appeal).

Prior to taking silk Steven was junior counsel to the Crown for property matters in the Midlands. He is a member of the Property Bar Association, and is authorised to sit as a specialist Chancery Recorder.

Cases

Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
28.07.2016

The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

....

Basildon BC v James & Ors
07.01.2016
Appeal to the Divisional Court by way of case stated. The Court accepted submissions by Steven Gasztowicz QC that where an administrative power is given to a Council under s18....

Dacorum BC V Foy
10.02.2015
In a reserved judgment handed down on 10th February 2015 a declaration was granted to the Council in relation to a public right of way. Acknowledging that the definitive map....

Court of Appeal upholds judgment despite bankruptcy of Claimant
21.05.2014
In a judgment delivered on 21st May 2014 (in Pathania v Adedeji and Bank of Scotland) the Court of Appeal has upheld a judgment obtained by the Claimant in an....

Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure
01.05.2014
In a decision that illustrates the risks for local authorities who exercise their emergency powers under s. 78 of the Building Act 1984 to close dangerous premises, the Court of....

Barratt Homes Ltd V Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court Of Appeal)
24.04.2013
Case involving consideration of the necessary elements of nuisance, and what is capable of constituting nuisance, claims for trespass to goods and negligence, requirements for claims for breach of statutory....

BDW Trading Ltd V Spooner [2011] All ER (D) 171 (High Court)
01.02.2011
High Court declaration obtained that village green rights can be overridden by rights of development where particular provisions of the Town & Country Planning Act 1990 and the Local Government....

F v B (2011)
11.01.2011
Fraud claims arising out of transfer and management of properties.....

Embassy Air Services Ltd v Sandown (2010)
11.02.2010
Rights of operation from airport, involving interim relief.....

Barratt Homes Ltd v Welsh Water [2010] 1 All ER 965 (Supreme Court)
01.02.2010
Definitive authority on the powers of statutory undertakers to insist on points of connection to water drainage infrastructure by developers (of a housing estate and school), upon the charges properly....

Bridgend County Borough Council V OAA Ltd (2010)
01.01.2010
Successful resolution of case concerning claims made in respect of third party rights allegedly affected by a multi-million pound bridge and walkway development across and alongside the River Ogmore. Interim....

Maini V Maini [2009] EWHC (ChD)
11.11.2009
Defending action relating to share transfers, and alleged fraudulent acquisition of a company. Claimants served 10 additional witness statements 3 weeks before trial. Following consultation and organisation of evidence in....

Moghaddam v Hammersmith & Fulham LBC [2009] EWHC 1670 (Admin)
10.07.2009
Appeal from valuation tribunal, with order exceptionally made for oral evidence and cross-examination in the appeal court on issues not the subject of adequate evidence below. Click here to view....

OM Properties Limited v Shoprite (Isle of Man) Limited [2009] EWHC (QBD)
01.06.2009
Action by landlord against original tenant for arrears of rent accrued by subsequent occupier following assignment of lease, considering effect of service of statutory notices in the wrong name.....

Sunderland City Council v Ferry & Ors [2006] EWHC
01.10.2006
Series of proceedings to close down unlawfully operated premises, including committal applications. Proceedings followed urgent injunctions initially obtained over the telephone out of hours.....

Bajwa v Furini [2004] 1 WLR 1971
02.04.2004
Second appeal to CA on a certified point of principle relating to statutory time limits for bringing fraud claims. Noted in White Book 2016.....

Re The Seamens Rooms [2004] Swansea
01.01.2004

Resisting collective leasehold enfranchisement claims against Pembrokeshire County Council.

....

Central Midlands Estates Limited v Leicester Dyers Limited [2003] EWHC Times 19th February
01.01.2003
Chancery case raising issues relating to adverse possession and rights of way across industrial land, including clarifying law on easements.....

Pickavant v Charnwood Borough Council [2001] EWCA Civ 261
01.01.2001
Acting for local authority in respect of claim and counterclaim in respect of its direct action demolition of a dwelling house built and inhabited in breach of planning control.....

News

Estates Gazette: Magna Carta - a charter for property
17.08.2015

Steven Gasztowicz QC has written an article

....

Overview

Steven Gasztowicz QC has extensive experience of advising and representing both local authorities and developers in relation to a wide range of planning matters.

His experience includes:

  • planning inquiries in relation to housing proposals, developments providing community benefits, telecommunication masts, changes of use, and masterplans;
  • enforcement inquiries relating to the removal of gypsy caravans, the demolition of buildings, and the discontinuation of residential and other uses;
  • inquiries into refusal of certificates of lawful development;
  • local plan inquiries;
  • highways and transport infrastructure matters including 'park and ride' schemes, new road provisions, and inquiry work in relation to traffic restriction orders;
  • matters relating to section 106 agreements and undertakings;
  • appeals to the High Court, and judicial review;
  • injunction applications;
  • securing development rights through the courts and advising on and establishing ancillary rights;
  • planning related litigation, including claims for compensation.

Recent court work includes obtaining a landmark ruling that village green rights can be overridden by planning permission in certain circumstances (BDW Trading Ltd v Spooner) and a ruling in the Supreme Court that sewerage undertakers have no power to prevent connection to their system at the developer's desired point of connection on capacity grounds (Barratt Homes Ltd v Welsh Water).

Steven is a member of both the Planning & Environment Bar Association and the Constitutional & Administrative Law Bar Association. He is also a member of the National Infrastructure Planning Association.

Cases

Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
28.07.2016

The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

....

Dacorum BC V Foy
10.02.2015
In a reserved judgment handed down on 10th February 2015 a declaration was granted to the Council in relation to a public right of way. Acknowledging that the definitive map....

Court of Appeal rules on requirements of the law of nuisance, and the effects of a statutory scheme of regulation
05.04.2013
The Court of Appeal, in Barratt Homes v Welsh Water [2013] EWCA Civ 233  last week rejected the Defendant's contentions the law of nuisance necessarily requires there to be an....

BDW Trading Ltd V Spooner [2011] All ER (D) 171 (High Court)
01.02.2011
High Court declaration obtained that village green rights can be overridden by rights of development where particular provisions of the Town & Country Planning Act 1990 and the Local Government....

Barratt Homes Ltd v Welsh Water [2010] 1 All ER 965 (Supreme Court)
01.02.2010
Definitive authority on the powers of statutory undertakers to insist on points of connection to water drainage infrastructure by developers (of a housing estate and school), upon the charges properly....

Bridgend County Borough Council V OAA Ltd (2010)
01.01.2010
Successful resolution of case concerning claims made in respect of third party rights allegedly affected by a multi-million pound bridge and walkway development across and alongside the River Ogmore. Interim....

R (Oao Hinckley & Bosworth BC) V Secretary Of State [2010] Admin Court Birmingham
01.01.2010
Quashing order made following judicial review of Planning Inspectorate's policy relating to the re-hearing of appeals following the remission of them by the High Court for re-determination by the Secretary....

Re: Affordable Housing Requirements, Enforceability Of S106 Planning Obligations, Variation Of Planning Obligations, And Company Law (2010)
01.01.2010
Advising on the validity and enforceability of affordable housing requirements relating to a number of development sites, possible variations thereto, the liabilities of subsequent owners, and associated matters of company....

P v A (2009)
27.02.2009
Claims of surveyors' negligence in relation to building drawings and planning applications.....

Re: Moulton Mill, Northamptonshire (2008)
01.01.2008
Appeal against enforcement notice seeking removal of allegedly new building created without planning permission out of buildings dating from Domesday – issues of what constitutes a new building, a renovated....

Nailstone Colliery Redevelopment Scheme (call-in) Inquiry (2007)
01.01.2007
Multi-million pound business development at former colliery and creation of country park.....

Pembrokeshire County Council v National Assembly For Wales [2006] JPL 109
01.01.2006
Deals with issues of what amount to "material considerations" in planning law.....

Re Khan [2006] JPL 439
01.01.2006
Decision on non-immunity from enforcement action. Answers unanswered questions left by the Court of Appeal to the Planning Inspectorate in First Secretary of State v Swale.....

Leicester City Council Replacement Local Plan Inquiry (2005)
01.01.2005
Promoting major plan, including city centre regeneration, over several months on behalf of Leicester City Council.....

Pickavant v Charnwood Borough Council [2001] EWCA Civ 261
01.01.2001
Acting for local authority in respect of claim and counterclaim in respect of its direct action demolition of a dwelling house built and inhabited in breach of planning control.....

Cala Homes (South) Ltd v Chichester District Council [2000] 79 P&CR 430
20.08.1999
Important case on the jurisdiction of the Administrative Court, time limits and procedure for High Court challenges. Noted in White Book 2016.....

Overview

Steven Gasztowicz QC deals with all areas of administrative law, including:

  • statutory powers;
  • misconduct matters;
  • judicial review;
  • local government work of all types (including case stated appeals).

Recent cases include an important decision in the Supreme Court on statutory interpretation in relation to the use of local authority powers (Hastings BC v Manolete Partners plc in the Supreme Court), decisions on matters of principle in relation to appeals to the court from administrative decisions (Basildon BC v James in the High Court), and applications for judicial review, both of local government decisions and those of others, such as the Legal Services Ombudsman.

He is a member of the Constitutional and Administrative Law Bar Association.

He is also willing to undertake inquiries into alleged misconduct and similar matters. He sits as a Recorder dealing with both criminal and civil matters, and on the Joint Tribunal of the Law Society and the Bar Council. He also has experience of sitting as a legal assessor.

Cases

Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
28.07.2016

The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

....

Basildon BC v James & Ors
07.01.2016
Appeal to the Divisional Court by way of case stated. The Court accepted submissions by Steven Gasztowicz QC that where an administrative power is given to a Council under s18....

Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure
01.05.2014
In a decision that illustrates the risks for local authorities who exercise their emergency powers under s. 78 of the Building Act 1984 to close dangerous premises, the Court of....

Barratt Homes Ltd V Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court Of Appeal)
24.04.2013
Case involving consideration of the necessary elements of nuisance, and what is capable of constituting nuisance, claims for trespass to goods and negligence, requirements for claims for breach of statutory....

BDW Trading Ltd V Spooner [2011] All ER (D) 171 (High Court)
01.02.2011
High Court declaration obtained that village green rights can be overridden by rights of development where particular provisions of the Town & Country Planning Act 1990 and the Local Government....

R (Oao Hinckley & Bosworth BC) V Secretary Of State [2010] Admin Court Birmingham
01.01.2010
Quashing order made following judicial review of Planning Inspectorate's policy relating to the re-hearing of appeals following the remission of them by the High Court for re-determination by the Secretary....

Moghaddam v Hammersmith & Fulham LBC [2009] EWHC 1670 (Admin)
10.07.2009
Appeal from valuation tribunal, with order exceptionally made for oral evidence and cross-examination in the appeal court on issues not the subject of adequate evidence below. Click here to view....

Pembrokeshire County Council v National Assembly For Wales [2006] JPL 109
01.01.2006
Deals with issues of what amount to "material considerations" in planning law.....

Re S (2003)
27.02.2003
Acting on behalf of local authority resisting the re-deployment of key personnel elsewhere under Crown provisions.....

Pickavant v Charnwood Borough Council [2001] EWCA Civ 261
01.01.2001
Acting for local authority in respect of claim and counterclaim in respect of its direct action demolition of a dwelling house built and inhabited in breach of planning control.....

Re Royal College of Obstetricians & Gynaecologists (2000)
27.02.2000
Acting on behalf of the Royal College in a series of cases successfully overturning a previous decision allowing the creation of consultant appointments in new areas of work.....

Cala Homes (South) Ltd v Chichester District Council [2000] 79 P&CR 430
20.08.1999
Important case on the jurisdiction of the Administrative Court, time limits and procedure for High Court challenges. Noted in White Book 2016.....

News

Lexis Nexis - An A to Z of the process of changing street names
11.01.2016
Steven Gasztowicz QC has written an article for LexisPSL which considers the judgement in Basildon BC v James and what it suggests about the court's approach to judicial interference where a....

Overview

Steven Gasztowicz QC has experience of acting of dealing with a wide range of claims brought by or against central/local government, statutory undertakers, companies, and private individuals.

He appears before the Supreme Court, Court of Appeal, the High Court (both Queen's Bench and Chancery Divisions), and the county court.

His work includes:

  • contractual matters;
  • negligence and professional negligence claims;
  • actions for breach of statutory duty;
  • fraud and misrepresentation claims;
  • company and other chancery disputes;
  • regulatory and disciplinary matters.

As part of his work, he is used to dealing with injunctive as well as all other forms of relief, and he has also appeared in leading cases on limitation and costs.

Recent cases include the enforcement of statutory rights (Barratt Homes Ltd v Welsh Water), dealing with matters of statutory interpretation relating to compensation claims (Hastings BC v Manolete Partners plc, Supreme Court), for a declaration and injunction following unlawful action (Barratt Homes Ltd v Welsh Water, Supreme Court), relating to the rights of a bankrupt to sue (Pathania v Adedeji & Bank of Scotland, Court of Appeal), and in relation to fraud claims (F v B) and indemnity costs (Maini v Maini, High Court).

He also sits as a Recorder dealing with specialist chancery and other civil matters, and on the Joint Tribunal of the Law Society and the Bar Council.

Cases

Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
28.07.2016

The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

....

Basildon BC v James & Ors
07.01.2016
Appeal to the Divisional Court by way of case stated. The Court accepted submissions by Steven Gasztowicz QC that where an administrative power is given to a Council under s18....

Court of Appeal upholds judgment despite bankruptcy of Claimant
21.05.2014
In a judgment delivered on 21st May 2014 (in Pathania v Adedeji and Bank of Scotland) the Court of Appeal has upheld a judgment obtained by the Claimant in an....

Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure
01.05.2014
In a decision that illustrates the risks for local authorities who exercise their emergency powers under s. 78 of the Building Act 1984 to close dangerous premises, the Court of....

Barratt Homes Ltd V Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court Of Appeal)
24.04.2013
Case involving consideration of the necessary elements of nuisance, and what is capable of constituting nuisance, claims for trespass to goods and negligence, requirements for claims for breach of statutory....

F v B (2011)
11.01.2011
Fraud claims arising out of transfer and management of properties.....

Embassy Air Services Ltd v Sandown (2010)
11.02.2010
Rights of operation from airport, involving interim relief.....

Barratt Homes Ltd v Welsh Water [2010] 1 All ER 965 (Supreme Court)
01.02.2010
Definitive authority on the powers of statutory undertakers to insist on points of connection to water drainage infrastructure by developers (of a housing estate and school), upon the charges properly....

Bridgend County Borough Council V OAA Ltd (2010)
01.01.2010
Successful resolution of case concerning claims made in respect of third party rights allegedly affected by a multi-million pound bridge and walkway development across and alongside the River Ogmore. Interim....

Maini V Maini [2009] EWHC (ChD)
11.11.2009
Defending action relating to share transfers, and alleged fraudulent acquisition of a company. Claimants served 10 additional witness statements 3 weeks before trial. Following consultation and organisation of evidence in....

OM Properties Limited v Shoprite (Isle of Man) Limited [2009] EWHC (QBD)
01.06.2009
Action by landlord against original tenant for arrears of rent accrued by subsequent occupier following assignment of lease, considering effect of service of statutory notices in the wrong name.....

P v A (2009)
27.02.2009
Claims of surveyors' negligence in relation to building drawings and planning applications.....

B v T (2008)
01.01.2008
Wide-ranging claims by the finance director of an international company seeking payment of bonuses and compensation for loss of employment.....

Sunderland City Council v Ferry & Ors [2006] EWHC
01.10.2006
Series of proceedings to close down unlawfully operated premises, including committal applications. Proceedings followed urgent injunctions initially obtained over the telephone out of hours.....

Institute of Chartered Accountants v LP (A Firm) (2006)
01.01.2006
Successfully defending disciplinary proceedings against chartered Accountants in relation to alleged negligence in acting as auditors of a travel agency plc over several years prior to collapse.....

Bajwa v Furini [2004] 1 WLR 1971
02.04.2004
Second appeal to CA on a certified point of principle relating to statutory time limits for bringing fraud claims. Noted in White Book 2016.....

Re S (2003)
27.02.2003
Acting on behalf of local authority resisting the re-deployment of key personnel elsewhere under Crown provisions.....

Cluley v Dix [2003] EWCA Civ 1595
01.01.2003
Appeal from Technology & Construction Court refusing to strike out contractual claims. Noted in White Book 2016. Click here to view judgment.....

Dilley v Raleigh Cycles plc (2003)
01.01.2003
Successfully defending a claim to establish defective product design.....

Burrows v South Glamorgan Health Authority [2001] EWHC (Cardiff)
01.01.2001
Award of £3.8m against health authority in respect of clinical negligence.....

Mann v Messrs Chetty & Patel [2000] EWCA Civ 267
01.01.2000
Solicitors' negligence appeal. Noted in White Book 2016. Click here to view the judgment.....

Scamell & Gasztowicz on Land Covenants

1st September 2016

Steven Gasztowicz QC is currently re-writing and updating the first edition of Professor Scamell's work on land law, which is to be retitled "Scamell & Gasztowicz on Land Covenants".

Lexis Nexis - An A to Z of the process of changing street names

11th January 2016

Steven Gasztowicz QC has written an article for LexisPSL which considers the judgement in Basildon BC v James and what it suggests about the court's approach to judicial interference where a statutory right of appeal is given but no test is laid down by the statute itself.

Click here to read the full article.

Estates Gazette - Magna Carta - a charter for property

17th August 2015

Steven Gasztowicz QC has written an article for Estates Gazette looking at the significance of the Magna Carta on its 800th anniversary. Steven considers the various property clauses contained within the charter and explains why it is still significant to property law today.

Click here to view article.

• Property Bar Association
• Planning & Environment Bar Association
• National Infrastructure Planning Association
• Compulsory Purchase Association
• Professional Negligence Bar Association
• Constitutional & Administrative Law Bar Association
• Midland Circuit Member
• Member of the Chartered Institute of Arbitrators (MCIArb)
• Deputy Commissary General, Diocese of Canterbury
• Recorder (civil, chancery, crime, appeals)

Case

Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc

28th July 2016

The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

....

Case

Supreme Court consider compensation under the Building Act 1984

23rd June 2016

The Supreme Court has today heard an appeal by Hastings Borough Council, represented by Steven Gasztowicz QC and Jack Parker (and earlier by Clare Parry), against a decision that it....

News

Lexis Nexis - An A to Z of the process of changing street names

11th January 2016

Steven Gasztowicz QC has written an article for LexisPSL which considers the judgement in Basildon BC v James and what it suggests about the court's approach to judicial interference where a....

Case

Basildon BC v James & Ors

7th January 2016

Appeal to the Divisional Court by way of case stated. The Court accepted submissions by Steven Gasztowicz QC that where an administrative power is given to a Council under s18....

News

Estates Gazette: Magna Carta - a charter for property

17th August 2015

Steven Gasztowicz QC has written an article

....

Case

Dacorum BC V Foy

10th February 2015

In a reserved judgment handed down on 10th February 2015 a declaration was granted to the Council in relation to a public right of way. Acknowledging that the definitive map....

Case

Court of Appeal upholds judgment despite bankruptcy of Claimant

21st May 2014

In a judgment delivered on 21st May 2014 (in Pathania v Adedeji and Bank of Scotland) the Court of Appeal has upheld a judgment obtained by the Claimant in an....

Case

Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure

1st May 2014

In a decision that illustrates the risks for local authorities who exercise their emergency powers under s. 78 of the Building Act 1984 to close dangerous premises, the Court of....

Case

Manolete Partners plc v Hastings Borough Council [2013] EWHC 842 (High Court)

26th April 2013

Resisting claims for compensation following the closure of Hastings Pier as a dangerous structure. Resisting claims for compensation following the closure of Hastings Pier as a dangerous structure.....

Case

Barratt Homes Ltd V Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court Of Appeal)

24th April 2013

Case involving consideration of the necessary elements of nuisance, and what is capable of constituting nuisance, claims for trespass to goods and negligence, requirements for claims for breach of statutory....

Case

Court of Appeal rules on requirements of the law of nuisance, and the effects of a statutory scheme of regulation

5th April 2013

The Court of Appeal, in Barratt Homes v Welsh Water [2013] EWCA Civ 233  last week rejected the Defendant's contentions the law of nuisance necessarily requires there to be an....

Case

BDW Trading Ltd V Spooner [2011] All ER (D) 171 (High Court)

1st February 2011

High Court declaration obtained that village green rights can be overridden by rights of development where particular provisions of the Town & Country Planning Act 1990 and the Local Government....

Case

F v B (2011)

11th January 2011

Fraud claims arising out of transfer and management of properties.....

Case

Embassy Air Services Ltd v Sandown (2010)

11th February 2010

Rights of operation from airport, involving interim relief.....

Case

Barratt Homes Ltd v Welsh Water [2010] 1 All ER 965 (Supreme Court)

1st February 2010

Definitive authority on the powers of statutory undertakers to insist on points of connection to water drainage infrastructure by developers (of a housing estate and school), upon the charges properly....

Case

Bridgend County Borough Council V OAA Ltd (2010)

1st January 2010

Successful resolution of case concerning claims made in respect of third party rights allegedly affected by a multi-million pound bridge and walkway development across and alongside the River Ogmore. Interim....

Case

R (Oao Hinckley & Bosworth BC) V Secretary Of State [2010] Admin Court Birmingham

1st January 2010

Quashing order made following judicial review of Planning Inspectorate's policy relating to the re-hearing of appeals following the remission of them by the High Court for re-determination by the Secretary....

Case

Re: Affordable Housing Requirements, Enforceability Of S106 Planning Obligations, Variation Of Planning Obligations, And Company Law (2010)

1st January 2010

Advising on the validity and enforceability of affordable housing requirements relating to a number of development sites, possible variations thereto, the liabilities of subsequent owners, and associated matters of company....

Case

Maini V Maini [2009] EWHC (ChD)

11th November 2009

Defending action relating to share transfers, and alleged fraudulent acquisition of a company. Claimants served 10 additional witness statements 3 weeks before trial. Following consultation and organisation of evidence in....

Case

Moghaddam v Hammersmith & Fulham LBC [2009] EWHC 1670 (Admin)

10th July 2009

Appeal from valuation tribunal, with order exceptionally made for oral evidence and cross-examination in the appeal court on issues not the subject of adequate evidence below. Click here to view....

Case

OM Properties Limited v Shoprite (Isle of Man) Limited [2009] EWHC (QBD)

1st June 2009

Action by landlord against original tenant for arrears of rent accrued by subsequent occupier following assignment of lease, considering effect of service of statutory notices in the wrong name.....

Case

P v A (2009)

27th February 2009

Claims of surveyors' negligence in relation to building drawings and planning applications.....

Case

B v T (2008)

1st January 2008

Wide-ranging claims by the finance director of an international company seeking payment of bonuses and compensation for loss of employment.....

Case

Re: Moulton Mill, Northamptonshire (2008)

1st January 2008

Appeal against enforcement notice seeking removal of allegedly new building created without planning permission out of buildings dating from Domesday – issues of what constitutes a new building, a renovated....

Case

Nailstone Colliery Redevelopment Scheme (call-in) Inquiry (2007)

1st January 2007

Multi-million pound business development at former colliery and creation of country park.....

Case

Sunderland City Council v Ferry & Ors [2006] EWHC

1st October 2006

Series of proceedings to close down unlawfully operated premises, including committal applications. Proceedings followed urgent injunctions initially obtained over the telephone out of hours.....

Case

Institute of Chartered Accountants v LP (A Firm) (2006)

1st January 2006

Successfully defending disciplinary proceedings against chartered Accountants in relation to alleged negligence in acting as auditors of a travel agency plc over several years prior to collapse.....

Case

Pembrokeshire County Council v National Assembly For Wales [2006] JPL 109

1st January 2006

Deals with issues of what amount to "material considerations" in planning law.....

Case

Re Khan [2006] JPL 439

1st January 2006

Decision on non-immunity from enforcement action. Answers unanswered questions left by the Court of Appeal to the Planning Inspectorate in First Secretary of State v Swale.....

Case

Leicester City Council Replacement Local Plan Inquiry (2005)

1st January 2005

Promoting major plan, including city centre regeneration, over several months on behalf of Leicester City Council.....

Case

Bajwa v Furini [2004] 1 WLR 1971

2nd April 2004

Second appeal to CA on a certified point of principle relating to statutory time limits for bringing fraud claims. Noted in White Book 2016.....

Case

Re The Seamens Rooms [2004] Swansea

1st January 2004

Resisting collective leasehold enfranchisement claims against Pembrokeshire County Council.

....

Case

Re S (2003)

27th February 2003

Acting on behalf of local authority resisting the re-deployment of key personnel elsewhere under Crown provisions.....

Case

Central Midlands Estates Limited v Leicester Dyers Limited [2003] EWHC Times 19th February

1st January 2003

Chancery case raising issues relating to adverse possession and rights of way across industrial land, including clarifying law on easements.....

Case

Cluley v Dix [2003] EWCA Civ 1595

1st January 2003

Appeal from Technology & Construction Court refusing to strike out contractual claims. Noted in White Book 2016. Click here to view judgment.....

Case

Dilley v Raleigh Cycles plc (2003)

1st January 2003

Successfully defending a claim to establish defective product design.....

Case

Burrows v South Glamorgan Health Authority [2001] EWHC (Cardiff)

1st January 2001

Award of £3.8m against health authority in respect of clinical negligence.....

Case

Pickavant v Charnwood Borough Council [2001] EWCA Civ 261

1st January 2001

Acting for local authority in respect of claim and counterclaim in respect of its direct action demolition of a dwelling house built and inhabited in breach of planning control.....

Case

Re Royal College of Obstetricians & Gynaecologists (2000)

27th February 2000

Acting on behalf of the Royal College in a series of cases successfully overturning a previous decision allowing the creation of consultant appointments in new areas of work.....

Case

Mann v Messrs Chetty & Patel [2000] EWCA Civ 267

1st January 2000

Solicitors' negligence appeal. Noted in White Book 2016. Click here to view the judgment.....

Case

Cala Homes (South) Ltd v Chichester District Council [2000] 79 P&CR 430

20th August 1999

Important case on the jurisdiction of the Administrative Court, time limits and procedure for High Court challenges. Noted in White Book 2016.....