Practice Summary

Nathalie specialises in public law (including local government, social security, education and community care), human rights, planning and environmental law. She took silk in 2006 and before that was on the A Panel of Treasury Counsel. She appears regularly in the High Court, Court of Appeal, planning inquiries and a range of tribunals. She regularly represents central government, local authorities, NGOs and individuals.

Public Law

Her public law practice covers both court and advisory work. She appeared in the House of Lords in RJM v Secretary of State for Work and Pensions, concerning income support for homeless persons. Other recent judicial reviews include:

• R (Wright) v Secretary of State for Health 2008 QB 422 (care workers and the Protection of Vulnerable Adults Act);
• R (WA and AA) v Secretary of State for Defence (challenge to scheme of assistance for Iraqi interpreters and other staff);
• R (C) v Secretary of State for Justice 2008 EWCA Civ 882 (restraint of young people in secure training centres, race equality assessments and consultation); and
• R (Lewes Friends of the Earth) v East Sussex CC 2008 EWHC 1981 (challenge to grant of planning permission for waste incinerator).

Human Rights

Nathalie has appeared in a large number of cases under the HRA, including covering articles 2, 3, 8, 14 and article 1, protocol 1. Cases included:

• RJM (article 1 protocol 1/article 14 on social security benefits);
• R (Main) v Lord Chancellor 2008 HRLR 8 (scope of investigatory duty under article 2);
• R (Lee and Wells) v Secretary of State for Justice 2008 (breach of article 5 and indeterminate sentences);
• R (Francis) v Secretary of State for Work and Pensions (breach of article 14 for children under guardianship orders).

Planning

Nathalie’s planning practice covers both regularly appearing at public inquiries and planning challenges in the High Court. She has extensively advised government departments on decision letters, and on the terms of planning policy. She was a member of Kate Barkers Panel of Experts, on the recent Barker Review of Planning

In the last 12 months Nathalie has appeared at inquiries concerned with tall buildings in London, windfarm proposals and a new settlement in Surrey. She represented the Claimant in Sole v Secretary of State for Trade and Industry (challenge to the Olympics CPO), and has appeared in many leading planning cases in the higher courts, including South Bucks v Porter (no 2) and Lough v First Secretary of State (article 8 and planning).

She regularly appears for both developers and local authorities.

Parliamentary and TWAs

Nathalie has spent much of the last 3 years promoting the Crossrail Bill through Parliament to Royal Assent in July 2008. This has given her extensive experience not just in Parliamentary work, but also in CPO and compensation provisions.

Nathalie has promoted many Parliamentary Bills including the London Local Authorities Bill 2007. She has regularly appeared in TWA inquiries, including Camden Town Underground Station and West Coast mainline.

Environmental Law

Nathalie has appeared in many cases concerning environmental law. She has successfully resisted two challenges in the High Court to the grant of permission for energy for waste incinerators, in Bexley and Newhaven. She represented the developer in a challenge to the grant of planning permission for a renewable energy generating plant in Port Talbot.

Recommendations in the Legal Press

Nathalie is listed as a leading specialist in Administrative and Public Law, Education, Local Government and Planning in both Chambers & Partners Directory 2009 "fast becoming a star, the market acknowledges the tactical sense of Nathalie Lieven QC", "extemely practical and experienced", "greatly admired for her communication and advocacy skills, offering straightforward, realistic advice" and in the Legal 500 2008 "imaginative, conscientious, thorough and tenacious" and "clever and down to earth".