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Steven Gasztowicz KC

Silk: 2009 | Call: 1981

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Steven Gasztowicz KC

Daryl Hughes, Deputy Senior Clerk

teamdaryl@cornerstonebarristers.com

> People > Barristers > Steven Gasztowicz KC

Steven Gasztowicz KC 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 King’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 the third edition of Scamell and Gasztowicz on Land Covenants, the leading work since its first publication by Professor Scamell in 1996. The book covers both restrictive and positive covenants and associated topics such as planning obligations.

Steven 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

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.

Steven appears before the Supreme Court, the Court of Appeal, the High Court (both the Chancery and King’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.

Expertise

Property
Steven Gasztowicz KC 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 the development of the riverbank
- Restrictive and other covenants, 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
Appellate work ranges from dealing with issues relating to statutory compensation (Hastings BC v Manolete Partners plc, in the Supreme Court), to 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).

He is also the author of Scamell & Gasztowicz on Land Covenants, 3^rd edition.

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 Deputy High Court Judge in the Chancery Division and as a specialist Chancery Recorder in the county court.
Planning and Environment
Steven Gasztowicz KC 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, 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
- Matters relating to town and village greens
- Planning-related litigation, including claims for compensation
Court work ranges from obtaining a landmark ruling that village green rights can be overridden by planning permission in certain circumstances (BDW Trading Ltd v Spooner) to 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).

Written work ranges from advising on how land can be unlocked for development to how it can be prevented, as well as on traditional planning matters of all types.

Steven is a member of both the Planning and Environment Bar Association and the Constitutional and Administrative Law Bar Association. He is also a member of the National Infrastructure Planning Association.
Public Law and Judicial Review
Steven Gasztowicz KC 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 Deputy High Court Judge in the King’s Bench Division, 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.
Commercial and Regulatory
Steven Gasztowicz KC 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 King’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.

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 Deputy High Court Judge in both the King’s Bench Division and the Chancery Division, as a Recorder dealing with civil and criminal matters, and on the Joint Tribunal of the Law Society and the Bar Council. He also has experience of sitting as a legal assessor.
- Arbitration at Cornerstone: What, Why and How…09 Jun 2020
- “Scamell and Gasztowicz on Land Covenants” published today26 Mar 2018
Alternative Dispute Resolution
- Overview
- News
Steven Gasztowicz KC is a qualified arbitrator (MCIArb).

Parties can also contract to appoint him as Expert Determinator to decide a point or issue on paper where matters of interpretation or law are in dispute between them. He accepts direct nominations, from parties and is also on the pnale of the Chair of the Bar ffor such appointments. A recent example relates to contractual provisions government the development of an out-of-town shopping centre.

Steven has been King’s Counsel since 2009, has had experience of most fields of law at some time and is aware that many areas inter-connect. His main practice areas are presently property, planning, and contract/commercial law.

He is used to acting independently and has judicial training as a part time judge, both in the High Court (where he is a deputy High Court Judge in both the King’s Bench and Chancery Divisions) and in the county court (as a recorder dealing with all civil matters and with a specialist chancery authorisation).

He is also a member of the Bar Council Ethics Committee.

You can read more about the services that Steven can provide here.
- Arbitration at Cornerstone: What, Why and How…09 Jun 2020