020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
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. Steven also sits as a deputy High Court Judge in both the Queen's Bench and Chancery Divisions, and as a Recorder, dealing with criminal, civil, and specialist chancery matters. He is also a qualified arbitrator.
In addition, he is the author of a new edition of Professor Scamell's renowned text on Land Covenants, which has been the leading work on the subject since its first publication in 1996. The book covers both restrictive and positive covenants and associated topics such as planning obligations.
Steven advises in cases, as well as preparing and presenting them in court. He lets the client know where they stand, ie what their legal position is, what their chances of success are, and how they can improve those chances. In court, Steven will present the case in the best possible way, and has a great deal of experience in persuading courts, in cross-examining witnesses, and in every other aspect of the hearing process.
Steven has dealt with in cases in the House of Lords/Supreme Court, Court of Appeal, High Court, and county courts. He is also familiar with appearing before others, such as planning inspectors and tribunals. As well as dealing with court cases - or cases that may lead to court - Steven also advises what legal rights people have when they just want to know what the legal position is.
He is a member of Chambers in both London and Leicester, and works across a wide area. As well as working in the London and the South East, and the Midlands, Steven has also carried out work in the North West, North East, East Anglia, and Wales.
He will respond to enquiries as soon as possible, and aim to do so within 48 hours.
Steven is Queen's Counsel, which means he is in the most senior level of the profession. He has experience of most types of work. Steven now concentrates on civil cases - that is to say disputes of one sort or another between people and companies, councils, government departments and others. Because he has knowledge and experience of many fields, that often comes in useful not just for cases in each individual field, but because many cases involve more than one area of law.
Steven's property work includes:
Steven is Queen's Counsel, which means he is in the most senior level of the profession.
He has experience of most types of work.
Steven now concentrates on civil cases - that is to say disputes of one sort or another between people and companies, councils, government departments and others. Because Steven has knowledge and experience of many fields, that often comes in useful not just for cases in each individual field, but because many cases involve more than one area of law.
He advises in cases, as well as preparing and presenting them in court. He lets the client know where they stand, ie what their legal position is, what their chances of success are, and how they can improve those chances. In court, Steven will present the case in the best possible way, and have a great deal of experience in persuading courts, in cross-examining witnesses, and in every other aspect of the hearing process.
Steven has dealt with cases in the House of Lords/Supreme Court, Court of Appeal, High Court, and county courts. He is also familiar with appearing before others, such as planning inspectors and tribunals. As well as dealing with court cases - or cases that may lead to court - Steven also advises on what legal rights people have when they just want to know what the legal position is.
He is a member of Chambers in both London and Leicester, and work across a wide area. As well as working in the London and the South East, and the Midlands, Steven has also carried out work in the North West, North East, East Anglia, and Wales.
He will respond to enquiries as soon as possible, and aim to do so within 48 hours.
Steven Gasztowicz QC deals with all areas of administrative law, including:
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.
Steven is Queen's Counsel, which means he is in the most senior level of the profession.
He has experience of most types of work.
Steven now concentrates on civil cases - that is to say disputes of one sort or another between people and companies, councils, government departments and others.
Because he has knowledge and experience of many fields, that often comes in useful not just for cases in each individual field, but because many cases involve more than one area of law.
He advises in cases, as well as preparing and presenting them in court. He lets the client know where they stand, ie what their legal position is, what their chances of success are, and how they can improve those chances. In court, Steven will present the case in the best possible way, and he has a great deal of experience in persuading courts, in cross-examining witnesses, and in every other aspect of the hearing process.
Steven has dealt with cases in the House of Lords/Supreme Court, Court of Appeal, High Court, and county courts. He is also familiar with appearing before others, such as planning inspectors and tribunals. As well as dealing with court cases - or cases that may lead to court - Steven also advises on what legal rights people have when they just want to know what the legal position is.
Steven is a member of Chambers in both London and Leicester, and works across a wide area. As well as working in the London and the South East, and the Midlands, he has also carried out work in the North West, North East, East Anglia, and Wales.
He will respond to enquiries as soon as possible, and aims to do so within 48 hours.
4th January 2019
In a recent article published by the New Law Journal, Steven Gasztowicz QC discusses Tulk v Moxhay (1848), the case that marks the birth of restrictive covenants in English land law.
170 years later, Steven examines some of the human and historical aspects of the case – and the way they have affected the law – and Leicester Square in London. You can read the article here.
23rd November 2018
In this article, Steven Gasztowicz QC analyses a recent Court of Appeal ruling on the rating of ATMs and similar facilities - or whether 'Holes in the Wall' give free money to the Government.
You can read the article in full here.
6th July 2018
The idea of a 'one-stop shop' for dispute resolution is an increasingly attainable prize as the modernisation of the courts gets underway, according to a QC.
Writing in this week's NLJ, Steven Gasztowicz QC recalls how he proposed merging all the civil courts into 'one court' 30 years ago as a junior barrister, in a 'no doubt rather naive' paper that he sent to the then Leader of his circuit, Igor Judge QC. Judge agreed with the proposals but thought them too big a change to be taken seriously by the powers that be.
However, the Chancellor of the High Court, Sir Geoffrey Vos, is now advocating alterations that go further, incorporating tribunals as well. The former Lord Chief Justice, Lord Thomas with the Senior President of Tribunals issued a joint statement in favour of 'one judiciary' in 2016. There is increasing closeness between courts and tribunals, for example, for the past decade all High Court and circuit judges have also been judges of the First-tier Tribunal and Upper Tribunal; and a pilot scheme began in 2017 where judges were 'double-hatted' to sit as county court judges and tribunal judges at the same time.
The courts have also become closer—in 2014, the individual county courts were replaced by a single county court operating from different locations.
Gasztowicz writes: 'It remains to be seen to what extent a fundamental alignment of the different courts and tribunals, their judiciary and jurisdictions, will come about and when.
'There are, as I have noted, a lot of changes already in the wind with which to contend. However, once these "modernisation" changes have taken effect at least, it would not be surprising if, with the force of the current Chancellor behind it, as well as the thinking of the last Lord Chief Justice, and the Senior President of Tribunals, such a transformation moves forward.'
12th April 2018
Steven has published the article "Vying for Importance and Peculiarity – the rules relating to Restrictive Covenants, and those relating to Positive/Negative Covenants", Bloomsbury, (2018).
The article discusses the different rules relating to covenants and provides an overview of the rules' peculiarities that practitioners must take into consideration.
Steven is the author of the second edition of Professor Scamell's renowned text on Land Covenants, which has been the leading work on the subject since the first edition in 1996.
26th March 2018
Steven is the author of the recently published second edition of Professor Scamell's renowned text on Land Covenants, which has been the leading work on the subject since the first edition in 1996.
The book has been brought up to date and covers both restrictive and positive covenants, planning obligations, enforcing and discharging restrictions, and associated areas of law.
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.
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.
Associations
Appointments
News: Public Law and Judicial Review, Planning and Environment, Housing, Licensing, Information Law, Court of Protection, Health and Social Care, Local Government
NEW BRIEFING - Local authorities post COVID-19. All you need to know
1st July 2020
Local authorities have been instrumental in tackling the COVID-19 crisis and will play a pivotal role in the post-lockdown recovery. As a result, they are experiencing a surge in duties....News: Public Law and Judicial Review, Planning and Environment, Housing, Licensing, Information Law, Property, Commercial and Regulatory, Inquests and Inquiries, Court of Protection, Health and Social Care, Local Government, Alternative Dispute Resolution
Arbitration at Cornerstone: What, Why and How...
9th June 2020
Case: Planning and Environment
Indian Government’s museum appeal successful
13th March 2020
The Government of Maharashtra (one of the states of India), represented by Steven Gasztowicz QC, has been granted planning permission for a new museum in Primrose Hill, on appeal from....News: Public Law and Judicial Review
Steven Gasztowicz QC appointed deputy High Court Judge
8th August 2019
We are pleased to announce that Steven Gasztowicz QC has been appointed a deputy High Court Judge in both the Queen's Bench and Chancery Divisions. Steven also sits as a recorder....Case: Property, Local Government
Property Ownership and Planning Requirements
12th April 2018
In Mohamed v Secretary of State for Communities and Local Government (2018), Steven Gasztowicz QC acted for the long leaseholders of all the flats in a block of flats who....News: Planning and Environment, Property, Commercial and Regulatory
"Scamell and Gasztowicz on Land Covenants" published today
26th March 2018
Steven Gasztowicz QC is the author of a new edition of Professor Scamell's renowned text on Land Covenants, which has been the leading work on the subject since its first publication....Case: Public Law and Judicial Review, Planning and Environment, Property, Commercial and Regulatory
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: Public Law and Judicial Review
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: Public Law and Judicial Review, Property, Commercial and Regulatory
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: Property
Estates Gazette: Magna Carta - a charter for property
17th August 2015
Steven Gasztowicz QC has written an article
....Case: Planning and Environment, Property
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: Property, Commercial and Regulatory
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: Public Law and Judicial Review, Commercial and Regulatory, Property
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: Public Law and Judicial Review, Property, Commercial and Regulatory
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: Planning and Environment
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: Public Law and Judicial Review, Planning and Environment, Property
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: Commercial and Regulatory, Property
11th January 2011
Fraud claims arising out of transfer and management of properties.....Case: Property, Commercial and Regulatory
Embassy Air Services Ltd v Sandown (2010)
11th February 2010
Rights of operation from airport, involving interim relief.....Case: Planning and Environment, Property, Commercial and Regulatory
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: Planning and Environment, Property, Commercial and Regulatory
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: Public Law and Judicial Review, Planning and Environment
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: Planning and Environment
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: Property, Commercial and Regulatory
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: Public Law and Judicial Review, Property
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: Property, Commercial and Regulatory
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: Planning and Environment, Commercial and Regulatory
27th February 2009
Claims of surveyors' negligence in relation to building drawings and planning applications.....Case: Commercial and Regulatory
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: Planning and Environment
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: Planning and Environment
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: Property, Commercial and Regulatory
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: Commercial and Regulatory
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: Public Law and Judicial Review, Planning and Environment
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: Planning and Environment
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: Planning and Environment
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: Property, Commercial and Regulatory
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 2019.....Case: Property
Re The Seamens Rooms [2004] Swansea
1st January 2004
Resisting collective leasehold enfranchisement claims against Pembrokeshire County Council.
....Case: Public Law and Judicial Review, Commercial and Regulatory
27th February 2003
Acting on behalf of local authority resisting the re-deployment of key personnel elsewhere under Crown provisions.....Case: Property
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: Commercial and Regulatory
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 2019. Click here to view judgment.....Case: Commercial and Regulatory
Dilley v Raleigh Cycles plc (2003)
1st January 2003
Successfully defending a claim to establish defective product design.....Case: Commercial and Regulatory, Health and Social Care
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: Public Law and Judicial Review, Planning and Environment, Property
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: Public Law and Judicial Review
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: Commercial and Regulatory
Mann v Messrs Chetty & Patel [2000] EWCA Civ 267
1st January 2000
Solicitors' negligence appeal. Noted in White Book 2019. Click here to view the judgment.....Case: Public Law and Judicial Review, Planning and Environment
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 2019.....020 7242 4986 or 0333 240 0591
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