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Public Law and Local Government

Public Law cases

Broadview Energy Developments Ltd v Secretary of State for Communities and Local Government [2016] EWCA Civ 562 – acting for the Secretary of State successfully defending apparent bias challenged based on contact between local MP and minister in parliament. The case gives leading guidance on how MPs should conduct themselves in lobbying on behalf of their constituents.

Turner v Secretary of State for Communities and Local Government [2015] EWCA Civ 582 – acting for the Secretary of State in his successful defence (at first instance and in the Court of Appeal) of challenge to the redevelopment of the Shell Centre which alleged apparent bias in the way that the planning Inspector had conducted the planning inquiry.

Sanders v Airports Commission [2013] EWHC 3754 (Admin) – represented for the Airports Commission in its successful defence of this judicial review claim brought on behalf of Stop Stansted expansion contending that the Airports Commission’s process had been tainted by apparent bias.

Energie Est Lds v Secretary of State for Energy and Climate Change [2013] EWHC 3026 – acted for the Secretary of State successfully resisting the Claimant’s challenge to the decision that the Claimant’s product was certified under the Microgeneration Certification Scheme.

Rowley v Secretary of State for Work and Pensions [2007] 1 W.L.R. 2861 – acted for Secretary of State in leading case establishing that the Child Support Agency does not owe a duty of care so as to give rise to negligence liability in respect of the assessment or enforcement of child support maintenance (led by Nigel Giffin QC).

Rhondda Cynon Taff CBC v Watkins [2003] 1 W.L.R. 1864 -  acted for Council in this Court of Appeal case regarding the raising of public law defences and the process of acquiring land compulsorily (led by Joseph Harper QC)

Gorlov v Institute of Chartered Accountants in England and Wales [2002] EWHC 2202 (Admin); [2003] A.C.D. 1 – acted for claimant in this challenge to the ICA’s conduct of disciplinary proceedings (led by Joseph Harper QC)

R. (on the application of Mooney) v Southwark LBC [2006] EWHC 1912 (Admin); (2006) 9 C.C.L. Rep. 670– acted for claimant in community care judicial review.

Local Government cases

R (Luton BC and others) v Secretary of State for Education [2011] EWHC 217 (Admin)– acted for Luton BC and Nottingham City Council in their successful judicial review challenges to the withdrawal of funding for BSF (Building Schools for the Future) projects (led by Richard Drabble QC

Basey v Oxford City Council [2012] EWCA Civ 115 - represented the successful claimant in the Upper Tribunal and Court of Appeal in this leading case on the meaning of sheltered accommodation within the housing benefit regulations (instructed by the Child Poverty Action Group).

North Somerset Council v Honda Motor Europe Limited and others [2010] EWHC 1505 (QB); [2010] R.A. 285 - represented Martin Graham one of the Defendants in this test case on the recoverability of non-domestic rates where there had been delays in their enforcement by the billing authority. This was a test case heard in the High Court over 7 days. Mr Graham’s case succeeded and the judge ruled that none of the rates at issue were recoverable from him. The case gives guidance on the approach to prejudice in cases of attempted recovery by billing authorities who have not acted promptly.

Chilton Merryweather (VO) v Hunt and others [2009] Env LR 16; [2008] RA 357 – acted for listing officer in his successful appeal to the Court of Appeal in respect of grounds for review of council tax bands (led by Tim Mould QC).

R (Bridgnorth District Council) v Secretary of State for Social Security  (led by Richard Drabble QC) acted for successful Claimants who challenged the legality of the Secretary of State’s approach to the recovery of overpaid housing benefit subsidy. The claim was conceded by the Secretary of State during the High Court proceedings and a new policy subsequently published. I acted (also with Richard Drabble QC) in the subsequent litigation in R. (on the application of Isle of Anglesey CC) v Secretary of State for Work and Pensions [2003] EWHC 2518 (Admin); [2004] B.L.G.R. 614 and R. (on the application of Lambeth LBC) v Secretary of State for Work and Pensions [2005] EWHC 637; [2005] B.L.G.R. 764.

Durham CC v Darlington BC [2003] EWHC 2598; [2004] B.L.G.R. 311 – acted for Darlington Borough Council in these High Court proceedings relating to the challenge to the arbitrator’s award made in their favour following an arbitration to determine unresolved financial and property consequences of this local government reorganisation.

Social Security cases

Basey v Oxford City Council [2012] EWCA Civ 115 - represented the successful claimant in the Upper Tribunal and Court of Appeal in this leading case on the meaning of sheltered accommodation within the housing benefit regulations (instructed by the Child Poverty Action Group).

M v Secretary of State for Work and Pensions  [2006] 2 A.C. 91 – acted for Secretary of State in House of Lords proceedings concerning alleged discrimination against same sex couples in the application of aspects of the child support maintenance formula (led by Philip Sales QC).

Hinchy v Secretary of State for Work and Pensions  [2005] 1 W.L.R. 967 - acted for Secretary of State in his successful appeal to the House of Lords in respect of the recovery of overpaid benefits (led by Richard Drabble QC).

Secretary of State for Work and Pensions v Yates [2009] EWCA Civ 479; [2009] Pens LR 217 – acted for Secretary of State in his successful appeal to the Court of Appeal concerning the uprating of pensions paid to persons abroad.

Moyna v Secretary of State for Work and Pensions [2003] 1 W.L.R. 1929– acted for Claimant in House of Lords case relating to the “cooking test” for lower rate disability living allowance care component. This is a leading case on the scope for review of tribunals in social security cases. (led by Richard Drabble QC in the House of Lords proceedings).

Campbell v Secretary of State for Work and Pensions [2005] EWCA Civ 989 – Court of Appeal case concerning absence of appeal rights for incapacity appeals under international arrangements with Jamaica (led by Richard Drabble QC).

R. (on the application of Steele) v Birmingham City Council [2006] 1 W.L.R. 2380 (CA) and R(Balding) v Secretary of State for Work and Pensions [2008] 1 W.L.R. 564 (CA) – acted for the Secretary of State in this pair of cases relating to the relationship between bankruptcy and the recovery of overpaid benefit.

R. (on the application of Barber) v Secretary of State for Work and Pensions [2002] EWHC 1915 (Admin); [2002] 2 F.L.R. 1181 – acted for Claimant in challenge relating to child benefit in shared care arrangements (led by Richard Drabble QC).

Appeared in the following Court of Appeal cases relating to social security:-

  • Batty v Secretary of State for Work and Pensions [2005] EWCA Civ 1746 (acting for Claimant)
  • Secretary of State for Work and Pensions v Miah [2003] 4 All E.R. 702 (CA) (acting for Claimant)
  • Tula Miah v The Secretary of State for Social Security [2002] EWCA Civ 592(acting for Claimant)
  • Casewell v Secretary of State for Work and Pensions [2008] EWCA Civ 524; [2008] 11 CCL Rep 684 (acting for Claimant)
  • Fryer-Kelsey v Secretary of State for Work and Pensions [2005] EWCA Civ 511 (for Secretary of State)
  • Secretary of State for Work and Pensions v Menary-Smith [2006] EWCA Civ 1751 (for Secretary of State)

Human Rights cases

M v Secretary of State for Work and Pensions  [2006] 2 A.C. 91 – acted for Secretary of State in this House of Lords case concerning approach to ambit and article 8 (concerned challenge to the treatments of same sex relationship within child support formula) (led by Philip Sales QC)

J. M. v. UK (Application no. 37060/06) – acted for UK government in these Strasbourg proceedings following the decision of the House of Lords in M v Secretary of State for Work and Pensions  [2006] 2 A.C. 91

Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints [2008] 1 W.L.R. 1852 (HL) – acted for the Valuation Officer in case concerning challenge by Mormon Church to imposition of tax (non-domestic rates) on the Mormon Temple at Preston (led Tim Mould QC).

Francis v Secretary of State for Work and Pensions [2006] 1 W.L.R. 3202 (CA) – represented Secretary of State in this Court of Appeal case relating to an article 14 challenge relating to entitled to social security benefit in the form of a maternity grant under the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 Reg.5.

Bexley LBC v Secretary of State for the Environment, Transport and the Regions [2001] EWHC Admin 323; [2001] J.P.L. 1442 (Note) – human rights challenge to legality of CPO (led by Chrisopher Lockhart-Mummery QC)

R. (on the application of Friends Provident Life Office) v Secretary of State for the Environment, Transport and the Regions  [2002] 1 W.L.R. 1450 – human rights challenge to local authority decision making establishes objectors to planning process have their article 6 rights engaged (led by Christopher Katkowski QC).

Tonbridge and Malling BC v Davis [2004] EWCA Civ 194 – acted for travelling showmen in human rights challenged to the grant of an injunction against them for breaches of planning control (led by Richard Drabble QC).

 

Other notable cases include:
Alcoa Minerals of Jamaica Inc v Broderick [2002] 1 A.C. 371 (Privy Council) – acted for claimant in these proceedings relating to the mitigation and the assessment of damages (on appeal to the Privy Council from the Court of Appeal of Jamaica) (led by John Cherryman QC).