James Maurici KC

Call: 1996

Silk: 2013

James practices in planning, environmental law, and public law.

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Practice summary

Planning

Environment

Public and Administrative

Cross-practice

Practice Summary

James practices in planning, environmental law, and public law. His practice regularly encompasses retained/ assimilated EU law and international law. James was called to the Bar of England and Wales in 1996, and the Bar of Northern Ireland in 2009.

Planning law

James’s planning practice encompasses all aspects of planning including advisory, advocacy at inquiries and hearings and advocacy in the Higher Courts. He has considerable experience of Development Plan examination hearings. His practice also encompasses compulsory purchase and compensation, harbours, highways, rights of way, commons registration and village greens (both inquiries and in the Higher Courts). 

Environmental law

James’s environmental law practice is wide-ranging, covering matters such as habitats and species protection, contaminated land, air quality, waste, access to environmental information, statutory and common law nuisance and all aspects of environment impact assessment, strategic environmental assessment and environmental permitting. He has considerable expertise in climate change litigation. He has also been involved in cases concerning marine environmental issues.  He regularly advises and engages in cases concerning access to environmental information. He has also appeared many times before the UNECE Aarhus Compliance Committee in Geneva. 

Public law

His public law practice is very wide ranging. He has appeared in a number of high-profile public law cases including:

  • R (Sharon Shoesmith) v Ofsted and Others [2011] 1459
  • R (Bradley and others) v Secretary of State for Work & Pensions [2009] 114
  • Ken Livingstone v Adjudication Panel for England [2006] 45
  • R v. Bow Street Magistrate, ex p. Pinochet Ugarte (No. 2) [2000] 1 119
  • The Alconbury litigation [2003] 2 295.

Retained/ Assimilated EU law

James regularly advises and appears in cases concerning retained EU law. Before Brexit he regularly appeared in the Court of Justice of the European Union and the General Court of the European Union (formerly the European Court of First Instance) on environmental matters.

International

In addition to his extensive European Court practice (see above) James has made several appearances before the UNECE Aarhus Compliance Committee in Geneva. He has acted in cases going to the European Court of Human Rights in Strasbourg.

Professional Memberships:

James was a member of the Attorney-General’s London Panels of Junior Counsel to the Crown from 1999-2013. He also served on the Welsh Assembly Government’s Junior Counsel Panel from 2009 to 2013.

James has in the past chaired the Steering Groups for Planning, Environmental and Public Law at Landmark Chambers.

In April 2021, James was appointed to the Council of NIPA. He is jointly leading and co-ordinating (with Ben Copithorne) the working group on Growing and Engaging a diverse membership.

James was previously a part-time College Lecturer in European Law at Hertford College, Oxford.

Planning

James’s planning practice encompasses all aspects of planning both at inquiries and hearings and in the Higher Courts. His practice also encompasses compulsory purchase and compensation, harbours, highways, rights of way, commons registration and village greens (both inquiries and in the Higher Courts).

James won the award for ‘ Environment/Planning Silk of the Year ’ at the Chambers UK Bar Awards 2022.

Higher Courts planning work

His recent high-profile planning cases include appearing in:

  • CPRE v Secretary of State for Housing, Communities and Local Government [2021] 1 W.L.R. 4168 (Supreme Court case on costs in judicial and statutory review)
  • Clin v Walter Lilly [2021] 1 W.L.R. 2753 (meaning of demolition in conservation areas)
  • R (Spurrier) v Secretary of State for Transport and others [2019] EWHC 1070 (Admin) and R (Plan B) v Secretary of State for Transport [2020] EWCA Civ 214 multiple judicial review challenges to the Airports NPS favouring Heathrow expansion and raising issues related to SEA, air quality, climate change, bias, reasons and habitats
  • Compton Parish Council & Others v Guildford BC [2019] EWHC 3242 (Admin) (s. 113 challenge to the Guildford Local Plan)
  • R (Shirley) v Secretary of State for Housing, Communities and Local Government [2019] 2 C.M.L.R. 14 on the interpretation of the air quality directive
  • R (Royal Society for the Protection of Birds) v Secretary of State for Justice [2017] 5 Costs L.O. 691 on the challenge to the revised Aarhus costs rules
  • Hillingdon LBC v Secretary of State for Transport [2017] EWHC 121(Admin) (Airports expansion policy strike out case)
  • Redhill v Secretary of State for Communities and Local Government [2015] P.T.S.R. 274 (on the meaning of “any other harm” in Green Belt policy in the NPPF).

He also acted for the Government on challenges to:

  • High Speed 2 (Buckinghamshire & Others v Secretary of State for Transport [2014] 1 W.L.R. 324)
  • the revocation of Regional Strategies (R (Cala Homes) v Secretary of State for Communities & Local Government) 1 and 2 [2011] B.L.G.R. 204 and [2011] 2 E.G.L.R. 75)
  • the proposed previous scheme for a Heathrow Runway 3 R (Hillingdon) v Secretary of State for Transport [2010] J.P.L. 976).

James has huge experience of dealing with EIA, SEA and habitats cases in the Higher Courts. See by way of example only:

  • Wealden DC v Secretary of State for Communities and Local Government [2017] J.P.L. 625
  • R (Birchall Gardens LLP) v Hertfordshire CC [2017] Env. L.R. 17
  • Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government [2017] P.T.S.R. 1283
  • R (Smech Properties Ltd) v Runnymede BC [2016] EWCA Civ 42
  • Stoke Poges Parish Council v Secretary of State for Communities and Local Government [2016] EWHC 1772 (Admin) (noise and permitted development challenge in relation to free school)
  • R (Skelmersdale Ltd Partnership) v West Lancashire BC [2016] EWCA Civ 1260 (retail permission and conditions)
  • R (Nicholson) v Allerdale BC [2015] EWHC 2510 (Admin)
  • Smyth v Secretary of State for Communities and Local Government [2015] P.T.S.R. 141
  • R (Midcounties Co-operative Ltd) v Forest of Dean DC [2015] B.L.G.R. 829
  • R. (FCC Environment (UK) Ltd) v Secretary of State for Energy and Climate Change [2015] Env. L.R
  • R. (Frack Free Balcombe Residents Association) v West Sussex [2014] EWHC 4108 (Admin)
  • Stratford on Avon DC v Secretary of State for Communities and Local Government [2014] J.P.L. 104
  • William Davis Ltd v Secretary of State for Communities and Local Government [2013] EWHC 3058 (Admin)
  • Jaytee (Rainton) LLP v Secretary of State for Communities and Local Government [2013] EWHC 2835 (Admin)
  • R (Prideaux) v Buckinghamshire CC [2013] Env. L.R. 32
  • Tewkesbury BC v Secretary of State for Communities and Local Government [2013] B.L.G.R. 399.

James has appeared at a number of village green inquiries for both applicants and objectors.

His Higher Court cases in this area include

  • R. (Laing Homes Ltd) v Buckinghamshire CC [2004] 1 P. & C.R. 36
  • Oxfordshire CC v Oxford City Council [2006] 2 A.C. 674
  • R. (SDR) v Bristol City Council [2012] EWHC 859 (Admin).

He also regularly acts in commons related work advising on commons consent and related issues.

Environment

James’s environmental law practice is wide ranging, covering matters such as habitats and species protection, contaminated land, air quality, waste, access to environmental information, statutory and common law nuisance and all aspects of environment impact assessment, strategic environmental assessment and environmental permitting.

He has particular expertise on climate change issues, and especially emissions trading. He has also been involved in a number of cases concerning marine environmental issues. He regularly advises and is involved in cases concerning access to environmental information. James co-chaired (with David Elvin KC) the Environmental Steering Group at Landmark Chambers for a number of years.

He regularly appears in the Court of Justice of the European Union, and the General Court of the European Union (formerly the European Court of First Instance) on environmental matters.

He has been involved in litigation and advisory work involving fracking: see R. (Frack Free Balcombe Residents Association) v West Sussex CC [2014] EWHC 4108 (Admin) and R. (Dean) v Secretary of State for Business, Energy and Industrial Strategy [2017] 4 W.L.R. 158.

He is on the LexisPSL Environment Consulting Editorial Board and on the editorial board of Garner’s Environmental Law.

Between June 2008 and June 2016 we was on the Council of UKELA and was also on the Executive Committee of UKELA for much of that time.

James won the award for ‘Environment/Planning Silk of the Year’ at the Chambers UK Bar Awards 2022.

Public and Administrative

James has appeared in a number of high profile public law cases including:

  • R (Sharon Shoesmith) v Ofsted and Others [2011] P.T.S.R. 1459 (judicial review by former Director of Childrens Services at Haringey following her removal from office by the Secretary of State following the death of Baby P)
  • R (Bradley and others) v Secretary of State for Work & Pensions [2009] Q.B. 114 (leading case on the role of the Parliamentary Ombudsman)
  • Ken Livingstone v Adjudication Panel for England [2006] H.R.L.R. 45; R v. Bow Street Magistrate, ex p. Pinochet Ugarte (No. 2) [2000] 1 A.C. 119 (overturning of the Mayor of London’s suspension from office)
  • The Alconbury litigation [2003] 2 A.C. 295 (leading case on human rights, Article 6 and planning).

His public law practice is very wide ranging and includes:

  • Housing (see eg Yemshaw v Hounslow LBC [2011] 1 W.L.R. 433; James has advised on and acted in judicial reviews on housing issues in local government and accounting issues, eg Housing Revenue Account issues, in respect of the same)
  • Social security including national insurance and tax (see eg Zalewska v Department for Social Development [2008] UKHL 67 and Penfolds v The Treasury (264/09/N/006), on cross-border national insurance collection
  • Education (James was a governor at two state primary schools for 13 years in total and a Chair of Governors for 5 years)
  • Regulatory
  • Local government including local government finance (see eg R (Cheshire East BC) v Secretary of State for the Environment [2011] EWHC 1975 (Admin))
  • EU law
  • All aspects of human rights law.

James has particular experience in cases involving the Parliamentary and Health Service Ombudsman the Local Government Ombudsman and the Public Service Ombudsman for Wales. He has been involved in a number of cases concerning public law challenges in the health context: see eg

  • Miller v Parliamentary and Health Service Ombudsman [2018] P.T.S.R. 801
  • Heesom v Public Services Ombudsman for Wales 2014] 4 All E.R. 269
  • R (Jeremiah) v Parliamentary and Health Service Ombudsman [2013] EWHC 1085 (Admin)
  • R (Mencap) v Parliamentary and Health Service Ombudsman [2012] P.T.S.R. D17
  • Flasz v Havering Primary Care Trust [2011] EWHC 1487 (Admin)
  • R (Primary Health Investment Properties Ltd) v Secretary of State for Health [2009] P.T.S.R. 1563
  • R (Bradley and others) v Secretary of State for Work & Pensions [2009] Q.B. 114
  • (Attwood) v Health Service Commissioner [2008] EWHC 2315 (Admin).

He is regularly involved in advising in cases involving freedom of information and in particular the Environmental Information Regulations.. He has acted in a number of cases in the tribunals on these issues. He is the co-author of the chapters on “Access under the Environmental Information Regulations” in P. Coppell Information Rights Law and Practice 5th edition (2020).

He appeared for the UK in Case C-279/12 Fish Legal and another v Information Commissioner [2014] 2 W.L.R. 568 (recent decision of the Grand Chamber of the European Court of Justice on the meaning of “public authority” under Directive 2003/4/EC) and also in Case C-71/14 East Sussex CC v Information Commissioner [2016] P.T.S.R. 179. He also acted for a number of Government departments in group litigation in respect of property search charges fees said to have been levied contrary to Directive 2003/4/EC.

He was previously the chair of the public law steering group at Landmark Chambers.

James was a founder of Judicial Review (Taylor & Francis) with Michael Fordham KC in 1996 and acted as assistant editor and then co-editor for over 20 years. He is now a consultant editor.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

Energy

EU Law post-Brexit

Highways and Rights of Access

Local Government

Public Interest Litigation

Public Works Projects

Specialisms

Commercial/Retail

Compulsory Purchase and Compensation

Development Consent Orders

Development Contribution: Section 106 and CIL

Development Plans and other planning policy

Energy

Green Belt

Heritage

Highways, Footpaths and Rights of Way

Infrastructure

Marine Planning and Harbour Orders

Minerals and Waste

Neighbourhood Planning

Planning Appeals, Inquiries and Hearings

Planning Enforcement and Injunctions

Planning Judicial and Statutory Reviews

Residential

Transport Orders and Parliamentary Bills

Specialisms

Aarhus Convention and Environmental Justice

Air Quality

Climate Change and Emissions Trading

Ecology and Biodiversity

Environmental Assessment (Environmental Outcomes)

Energy

Environmental Enforcement

Environmental information

Environmental Regulation

Habitats and Species

Nuisance

Pollution and Contaminated Land

Protection of the Countryside

Utilities

Waste

Water

Wildlife

Specialisms

High Court Planning

Highways and Public Rights of Access

Human Rights and Civil Liberties

International

Judicial Review

Local Government including Local Government Finance

Property Judicial Review

Specialisms

Energy

EU Law post-Brexit

Highways and Rights of Access

Local Government

Public Interest Litigation

Public Works Projects

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An intellectual powerhouse."

Chambers and Partners

Chambers Top Ranked UK Bar 2024 Uk leading silk 2024 Planning and Land Use Silk of the Year Chambers UK Bar 2022 winner JPM

Qualifications and achievements

Qualifications

  • Read Jurisprudence at Hertford College, Oxford (BA First Class Honours in 1994 and BCL First Class in 1995)

Awards

  • 'Environment/Planning Silk of the Year' at the Chambers UK Bar Awards 2022
  • Shortlisted for the Legal 500 UK Bar Awards 2023 Planning and Land Use 'Silk of the Year'
  • In his BA he was awarded the Martin Wronker proxime

Memberships

  • Administrative Law Bar Association
  • Bar European Group
  • Compulsory Purchase Association
  • Human Rights Lawyers Association
  • National Infrastructure Planning Association 
  • Planning and Environmental Bar Association
  • United Kingdom Association for European Law
  • United Kingdom Environmental Law Association
  • UK State Aid Law Association

Publications

Recommendations

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Ben Connor

Ben Connor

Practice Director

020 7421 2483

Michael Gooch new

Michael Gooch

Senior Practice Manager

020 7421 1305

Jonathan Barley new

Jonathan Barley

Practice Manager

020 7421 2480

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