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Lisa Busch

Lisa Busch QC

YEAR OF CALL 2000LBusch@landmarkchambers.co.uk

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Administrative and Public

Lisa has been recommended as a leading junior, and latterly a recommended new silk, in administrative and public law in both Chambers UK and Legal 500 for many years. She was appointed to the Attorney-General’s A Panel of Counsel in 2012, having previously been on the B and C Panels. In her capacity as Panel Counsel she acted for a wide range of public bodies and Government Departments, including the Departments for Transport, Education, Justice, Work and Pensions, Communities and Local Government, DEFRA, the Environment Agency and the Home Office. She also advises the Equality and Human Rights Commission in her capacity as Panel Counsel to that body. Whilst as junior Panel Counsel the bulk of her practice was defendant-orientated, she has ample experience of acting for claimants as well, and welcomes instructions from both sides.

Notable cases include: 

  • Jefferson v The Natural Resources Body for Wales: claim for damages against the NRW in respect of damage to the claimant’s property caused by flooding based on principles concerning the liability in negligence of public authorities (case settled pre-trial).

  • Hossain v SSHD [2016] EWHC 1331 (Admin): Lisa acted for the Secretary of State in a test-case challenge to the lawfulness of the Detained Asylum Casework Interim Instruction, providing for the detention under her immigration powers of certain classes of failed asylum seekers brought under the Equality Act 2010 and general public law grounds. 

  • R (Goodman) v Secretary of State for Environment, Food and Rural Affairs [2016] 2 All ER 701: Lisa acted for the Secretary of State in a challenge to a decision of an Inspector refusing to register land as a town or village green under section 15(2) of the Commons Act 2006 on the basis of an erroneous reliance on a doctrine of implied appropriation. The case is authority for the proposition that section 122 of the Local Government Act 1972 requires a conscious deliberative process, and that an appropriation of land for the purposes of that provision could not be implied. 

  • High Speed 2 (2013-16): Lisa was part of the team of Counsel acting for the Department for Transport and HS2 in the House of Commons Select Committee proceedings. In this capacity, as well as appearing in Committee on a day to day basis, she dealt with a range of public law issues, including overseeing the production of the equality and health impact assessments concerning the project.

  • GS (India) v SSHD [2015] 1 WLR 3312: Lisa acted for the Secretary of State (led by Lisa Giovannetti QC) in a seminal challenge to her decision to remove terminally-ill unlawful immigrants to their countries of origin brought under Article 3 of the European Convention of Human Rights, in which the Court of Appeal confirmed the approach taken in such cases in D v UK and N v SSHD/N v UK, and made important observations concerning the relationship between Article 3 and 8 of the ECHR. 

  • Attorney General v HMB Holdings Ltd [2014] UKPC 5: Lisa appeared in the Privy Council (led by Tim Corner QC) in a multimillion dollar claim involving a challenge to the decision of the Antiguan Court of Appeal on the award of compensation payable to the appellant in the wake of a compulsory purchase order made with respect to its luxury resort. The case raised constitutional issues under the Antiguan Constitution, including issues concerning the right to property (comparable to the rights protected by A1 P1 of the ECHR). 

  • R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA 1345, [2014] Eq LR 60: a case concerning the closure of the Independent Living Fund and a leading authority on the scope and nature of the Public Sector Equality Duty under the Equality Act 2010.

  • AZ v Secretary of State for Communities and Local Government [2014] PTSR 835, [2013] JPL 713: a case in which the Court held that Article 8 considerations may be material to planning decisions and fall to be taken into account by decision-makers, in particular where the rights and best interests of a child are at stake. 

  • R (Rahman) v Birmingham City Council [2011] Eq LR 705: Lisa acted for the local authority (led by Richard Clayton QC) in a challenge brought on PSED grounds to its decision to end funding for voluntary agencies providing legal advice to ethnic minorities and the disabled as a result of budgetary cuts. 

  • Dacorum BC v (1) Purcell (2) Secretary of State for Communities and Local Government & (3) the British Waterways Board [2009] EWHC 742 (QB): Lisa acted for the BWB in an inquiry dismissing the gypsy applicants’ appeal against refusal of their application for change of use of land in the vicinity of a reservoir to residential use; and again represented the BSB in the applicants’ appeal to the High Court against that decision. 

  • R (VW (Uganda) v SSHD [2009] Imm AR 436: Lisa acted for the Secretary of State in this leading and oft-cited case concerning Article 8 of the ECHR. 

  • Wolverhampton City Council v Special Educational Needs and Disability Tribunal [2007] ELR 418: Lisa acted for the LEA in an appeal to the Court of Appeal concerning the jurisdiction of the SENDIST. 

  • Ali v Head and Governor of Lord Grey School [2006] UKHL 14, [2006] 3 AC 363: Lisa appeared in the House of Lords (led by Cherie Booth QC) in this leading case on Article 2 of Protocol 1 to the ECHR (right to education). 

  • Lawrence v Cambridgeshire County Council [2006] ELR 343: Lisa acted for the Claimant in this challenge under the Disability Discrimination Act 1995 to a school’s refusal to admit a disabled child into the school premises in a pushchair by way of an exception to its policy forbidding pushchair access. 

  • Rowland v Environment Agency [2005] Ch 1: lead case concerning public rights of navigation on the River Thames, Article 1 of Protocol 1 to the ECHR, and the doctrine of substantive legitimate expectation. 

For further details of Lisa’s cases, please go to the “Cases” page.