Test case before the First-Tier Tribunal (Information Rights) on whether UKBA is entitled to withhold the names of junior staff from publication on the basis that disclosure to the public would breach the First Data Protection Principle.

Judicial review concerning whether, for an unauthorised use of land to become lawful through expiry of time, it is necessary to show that the same use has subsisted over the relevant 10 year period or merely that the same use class has subsisted over that period.

Test case before the Court of Appeal concerning the interpretation of the “compelling reason” test for permission to appeal from the Upper Tribunal 

High profile public procurement and best value challenges to Birmingham City Council’s sale of strategic land interests in Stirchley to Tesco.

Judicial review concerning the requirements of Article 6 ECHR and common law fairness in prison disciplinary adjudications.

Judicial review concerning the extent to which the proposed abolition of Regional Strategies (contained in the then Localism Bill, now the Localism Act 2011) is relevant to the preparation and examination of development plan documents.

Important guidance by Ouseley J on the procedure for challenging the amount of costs awarded following the dismissal of a judicial review claim on the papers.

Appeal before the First-tier Tribunal General Regulatory Chamber (Information Rights) concerning whether commercially confidential material supplied to Companies House was exempt from disclosure under the Freedom of Information Act 2000.

Test case before the Court of Justice of the European Union on the application of the EEC-Turkey Association Agreement and the scope of the ‘abuse of rights’ principle under EU law.

Key constitutional case concerning whether the Upper Tribunal is amenable to judicial review in cases where no statutory appeal is available, as was the case with the previous tribunals that the Upper Tribunal replaced.

Successful challenge to the Forest Heath Core Strategy on the basis that it was adopted in breach of the Strategic Environmental Assessment Directive (Directive 2001/42/EC)

Supreme Court ruling on the compatibility with EU law of the imposition of a ‘right to reside’ test for social security benefits within the scope of Council Regulation (EC) 1408/71

Ruling by Ouseley J on whether a local planning authority may enforce a s.106 obligation and/or refuse to accept a request to modify it, in circumstances where it is contended that the obligation is no longer necessary to make the development acceptable.

Supreme Court orders a reference to the Court of Justice of the European Union to determine the interpretation of the requirement in Article 9 of the Aarhus Convention (as implemented by Article 10a of the EIA Directive) that environmental litigation should not be ‘prohibitively expensive’

Court of Appeal ruling on the extent of the requirement of an Immigration Judge to give reasons for his decision and the proper approach to reconsideration where a determination is remitted on the basis of inadequate reasoning.

Judicial review challenge by the London Reading College to the revocation of its Tier 4 Sponsor’s Licence by the UK Border Agency on the grounds of procedural fairness, misapplication of policy and breach of Article 1 Protocol 1 ECHR

Ruling by Ouseley J that the refusal of leave to remain to a person unlawfully present in the UK cannot constitute an interference with his right to respect for family life under Article 8 ECHR in circumstances where no removal directions have yet been made

S.288 challenge concerning the circumstances in which planning permission may be refused for beneficial development in the Green Belt on the basis that an alternative, smaller scheme may deliver the same benefits.

Challenge to the Forest Heath Core strategy under s.113 of the Planning and Compulsory Purchase Act 2004 on the grounds that it was adopted in breach of the Strategic Environmental Assessment Directive -  judgment on the proper parties to be joined and on interim relief.

Supreme Court ruling on the scope of material considerations that may be taken into account by a local authority exercising compulsory purchase powers.

The leading case on the impact of the ‘welfare principle’ under s.2 of the Child Support Act 1991 and of Article 8 ECHR on the discretion of the Child Maintenance and Enforcement Commission to seize goods from the family home of a person owing arrears in child support maintenance and/or to seek his committal to prison.

Judicial review concerning immigration appeal rights, whether removing an illegal immigrant with a UK-based partner is compatible with Article 8 ECHR, and the circumstances in which a High Court judge has power to recall his own judgment when on further reflection he believes it was mistaken.

Judicial review concerning the ability of a foreign criminal with a wife and child settled in the UK to rely on Article 8 ECHR to prevent his deportation

Determination by the UN Aarhus Convention Compliance Committee on a complaint that United Kingdom had committed various breaches of the Aarhus Convention on access to environmental justice.

Case considering (i) the relationship between policy in PPG2 protecting the Green Belt and policy in PPS3 promoting the reuse of previously developed land, and (ii) the compatibility with Article 8 ECHR of the requirement in PPG2 that new dwellings in the Green Belt can only be justified by ‘very special circumstances’.

Important case concerning the interpretation of the requirement in PPG2 para. 3.12 for a material change of use of Green Belt land to “maintain the openness of the Green Belt”.

Judicial review concerning the approach to be taken to fresh asylum claims by Tamils who have fought for the LTTE but who have so far escaped the attention of the Sri Lankan authorities, following the European Court of Human Right’s judgment in NA v. United Kingdom [2008] 48 E.H.R.R. 15.

Section 288 challenge to a Planning Inspector’s decision on the basis that, pursuant to guidance in Circular 05/05, the Inspector ought to have sought proof of title from the appellant before concluding that, on the face of the papers, the appellant did not have a sufficient interest in the appeal site to enter into a s.106 obligation and therefore that the unilateral undertaking should be given little weight

Judgment by Holman J regarding the proper approach to persons alleging they left Eritrea illegally to avoid draft evasion and therefore face a real risk of persecution and treatment contrary to Article 3 ECHR

House of Lords case concerning the compatibility with Article 12 ECHR of the legislative and policy scheme set up to restrict non-EU/EEA immigrants’ ability to marry in the UK

Guidance from Collins J on the High Court’s jurisdiction to strike out a claim under s.288 of the Town and Country Planning Act 1990 challenging the grant or refusal of planning permission by the Secretary of State

The leading authority on the test for whether replacement dwellings constitute “inappropriate development” in the Green Belt / Metropolitan Open Land under PPG2 paragraph 3.6

Guidance from Irwin J on the ‘relevant objectives’ under the Waste Framework Directive and the issue of standing in judicial review claims

House of Lords ruling that the relatives of an Iraqi citizen who died whilst in British army custody in Basra in 2003 were entitled to bring proceedings in the English courts under the Human Rights Act 1998

The first Lands Tribunal compulsory purchase compensation hearing relating to Grosvenor’s £1bn ‘Paradise Project’ regeneration scheme in Liverpool city centre

Four-week inquiry into proposed 1,200 dwelling urban extension in Newmarket involving issues of housing need, prematurity, impact on the horseracing industry, transport and ecology

Inquiry into proposals by RWE Npower Renewables Ltd for a 4 turbine windfarm with associated development

Five week planning inquiry into Pinewood Studios Ltd’s proposal to create Project Pinewood, a groundbreaking living and working community for the creative industries next to the world famous film studios.

Three month inquiry into the need for, and location of, a new Motorway Service Area on the A1(M) in North Yorkshire.

Inquiry into two separately promoted windfarm proposals (3 and 9 turbines) with associated development

Three-week inquiry into proposed 1,085 dwelling urban extension to form the first phase of the new Northern Fringe of Ipswich

Two-day inquiry into footpath diversion order required to enable the Ministry of Defence’s strategically important live firing ranges at Middlewick to be enclosed by a security fence.

Inquiry into two separately promoted windfarm proposals (7 and 6 turbines) by WPR Wind Ltd and RES UK & Ireland Ltd

Two-day inquiry into substantial waste recovery & disposal scheme that would deliver 10% of the additional recycling capacity that West Sussex is required by the South East Plan to achieve by 2015.

Inquiry into proposal for demolition of old agricultural barns (now used as warehouses) and their replacement with a purpose built workshop to be used in connection with Thames Material’s waste management activities

Two-day inquiry into proposal by JG Paris LLP for two 13 & 11 storey towers for the relocation of the Central School of Ballet and 196 units of student accommodation

Four week inquiry into The Rutland Group’s proposals for the UK’s first ‘eco-village' at Dunsfold Aerodrome in Surrey (2,601 dwellings, substantial business development and a groundbreaking package of sustainability measures)

Two day inquiry into proposed 33-dwelling residential development in Much Wenlock, resisted by Bridgnorth DC on arboricultural, flooding and highways grounds

Six-day inquiry into proposals for a holiday park comprising 330 static caravans and 48 lodges, together with associated infrastructure, at an 88ha site adjacent to the historic Hardwick Park in Sedgefield

Four-day ‘recovered’ inquiry into outline application for 300 dwellings on an unallocated greenfield site in Exminster

Two-week inquiry into proposed retail-led redevelopment of Langley Park industrial estate in Chippenham, comprising a large ASDA store together with 192 dwellings and associated infrastructure

Four-day ‘recovered’ inquiry concerning proposals for an urban extension to the north of Taunton comprising 900 homes, over 11ha of employment land, a major relief road and other ancillary facilities and infrastructure

Three-week ‘called-in’ inquiry into a proposed urban extension on an allocated greenfield site to the south of Gloucester comprising up to 1,750 homes together with substantial office/business development, community facilities and ancillary infrastructure

Two-week inquiry into a compulsory purchase order made by Oxford City Council to facilitate the extension, redevelopment and improvement of the Westgate Centre and surrounding highways for a £500m mixed-use scheme with a substantial retail element

‘Recovered’ inquiry into a proposed high density 458 dwelling scheme near Dunstable town centre on a site currently used as a trading estate and allocated for employment uses

Three-week ‘recovered’ inquiry into proposed 1,200 home development at the northern fringe of Bristol

Two-week inquiry into a compulsory purchase order made by Plymouth City Council for the provision of a shopping centre and ancillary infrastructure at the western end of Plymouth City Centre

Three-month ‘recovered’ inquiry into highly controversial proposed 785 home development on a greenfield site at the south-western fringe of Haywards Heath

Published articles

• ‘The Bank and the $13 Million Dollar Banknote’ [2011] 13 H.K.L.J. 203’ (with Henry Litton, Non Permanent Judge of the Hong Kong Court of Final Appeal).
• 'The application of the Public Contracts Directive to planning: the position at the beginning of 2011' [2011] J.P.L. 507 (with David Elvin QC)
• 'The application of the Public Contracts Directive to development agreements and planning obligations following Auroux v. Roanne’[2008] J.P.L. 1072 (with David Elvin QC).
• ‘The Judicial Review Pre-Action Protocol’ [2008] J.R. 59.
• ‘Public law in the House of Lords’ [2007] J.R. 24 (with Richard Moules).
• ‘Human rights review of State acts performed in compliance with EC law – Bosphorus Airways v. Ireland’ [2005] E.H.R.L.R. 649 (with A Thomson).

Editorial work and regular columns

• Public Law (Sweet & Maxwell) – correspondent for the ‘International Survey’ section, reviewing significant public law cases from overseas jurisdictions (since December 2007).
• Encyclopedia of Planning Law and Practice (Sweet & Maxwell) – Assistant Editor (since January 2007).
• Annual review of legal issues relating to devolution in the United Kingdom for the Informe Comunicadades Autónomias published by the Instituto de Derecho Público in Barcelona (2007 & 2008, with Richard Cornes, Senior Lecturer in Public Law at Essex University).
• Administrative Court Digest (Sweet & Maxwell) – regular case summaries and commentaries on significant public law cases (since January 2005).

Seminars

• 'The Coalition Government and house builders - the first six months', Nabarro LLP, November 2010.
• 'Public procurement in the development context’, CMS Cameron McKenna LLP, May 2010.
• ‘Understanding Judges’ – University of Otago, New Zealand, February 2009 (via videolink).
• 'The implications of the Civil Justice Reforms for judicial review litigation in Hong Kong: an English perspective' - Mayer Brown JSM, Hong Kong, October 2008.
• ‘Recent Developments in Waste Law’ – Landmark Chambers client seminar, April 2008.
• ‘The new rules of procedure for judicial review in Hong Kong’ – given to five commercial law firms in Hong Kong, Oct 07 (with John Litton).
• ‘Strategic environmental assessment’ – Corporation of London, Sept 07 (with David Elvin QC).

Published work on court systems and the judiciary

Having spent a year working as a Judicial Assistant to the Law Lords (which included a week-long exchange visit to the Chambers of Justice Scalia in the US Supreme Court), Charles maintains a strong interest in court systems and the judiciary. In 2003, he co-authored a book on the proposed new UK Supreme Court: Off With their Wigs! (Imprint Academic, 2003) – C Banner & A Deane with a foreword by Hon. Michael Beloff QC. He has subsequently lectured on the impact of Article 6 ECHR on the role of the judiciary at a DCA-sponsored conference.

In 2006 he was part of an international team commissioned by the British Virgin Islands Government to advise on constitutional issues relating to the establishment of a new BVI Commercial Court. Following consultations in the BVI with the Chief Minister, Government Caucus, HM Governor and senior judiciary in the Eastern Caribbean Supreme Court, the team’s three-volume, 400+ page report was delivered in March 2006. The report’s recommendations have been implemented by the BVI Government.

In September-October 2008 he added to his experience in this field by spending a month on secondment as Judicial Assistant to Frank Stock JA in the Hong Kong Court of Appeal and to Litton NPJ in the Hong Kong Court of Final Appeal.

In February 2009 he gave a seminar at the University of Otago, New Zealand (via videolink) on ‘Understanding Judges’, discussing the function and operation of the House of Lords, the US Supreme Court and the Hong Kong Court of Final Appeal, based on his experiences working in these three courts.

In July 2011, he and Landmark Associate Member Richard Cornes (an academic specialising in top court matters) submitted joint expert evidence to the House of Lords Constitution Committee on possible changes to the process for appointing Justices of the UK Supreme Court.

Charles is happy to undertake further consultancy/advisory work in this field – for further information, please contact the Clerks at Landmark.