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Philip Kolvin

Steven Gasztowicz QC

Called
1981
Silk/QC
2009
Telephone
020 7242 4986
Clerk
Sam Collins
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.

Steven 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 brings the work up to date, including 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.

Overview

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:

  • 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 the development of the riverbank
  • Restrictive and other covenants, including their interpretation, enforceability, and release
  • Adverse possession, nuisance, and trespass claims
  • Highway matters
  • Public open space, including village greens
  • Trusts of land, including constructive and resulting trusts
  • Fraud and fraudulent transfers
  • Commercial landlord and tenant disputes, including the interpretation of leases, rights and liabilities under them, 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

Cases

Property Ownership and Planning Requirements
12.04.2018
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....

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

"Scamell and Gasztowicz on Land Covenants" published today
26.03.2018
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....

Estates Gazette: Magna Carta - a charter for property
17.08.2015

Steven Gasztowicz QC has written an article

....

Overview

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.

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.....

News

"Scamell and Gasztowicz on Land Covenants" published today
26.03.2018
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....

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 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.

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.....

News

"Scamell and Gasztowicz on Land Covenants" published today
26.03.2018
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....

One court, one judiciary?

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.'

Vying for Importance and Peculiarity – the rules relating to Restrictive Covenants, and those relating to Positive/Negative Covenants

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.

Scamell and Gasztowicz on Land Covenants

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.

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

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

"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

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.

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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.....