David Elvin QC

year of call: 1983

DElvin@landmarkchambers.co.uk

areas of law

Practice Summary

David Elvin QC was called to the Bar in 1983 and took silk in 2000 and is called to the Bar of Northern Ireland. He is member of the Middle Temple and of the Inn of Court of Northern Ireland. He was awarded the Bar Prize for Finance, Commerce & Industry in 1982. In October 2007 he was named as the Silk of the Year 2008 in Environment and Planning at the Chambers & Partners Bar Awards.

He specialises in planning, environmental and public law (including most aspects of local government, highways, compulsory purchase & compensation) as well as property related matters and the human rights and European Union law aspects of those areas of practice.

David appears frequently in court and at inquiries at all levels and before many different tribunals. During his time as Treasury counsel, he appeared in many planning and public law cases and acted for a wide range of government departments and bodies. Since taking silk he has appeared in the High Court, Court of Appeal, House of Lords, European Court of Human Rights and European Court of Justice. He has also appeared on judicial reviews in the High Court in Northern Ireland and advised on issues in Hong Kong.

He is regularly listed as a leading specialist in a number of fields in the main directories including the Legal 500 and Chambers & Partners Directory 2010 (where he is named as a leader in 6 practice areas). Recent comments from Chambers & Partners Directory and The Legal 500 include:

“David Elvin QC is widely regarded as a true asset to the set.”He's compelling, persuasive and brilliant at strategy - I always come away feeling that I've learnt something very useful," declares one client. His expertise in environmental and public law serves him extremely well here. Recent cases of note include leading the promotion of the Crossrail Bill through Parliament on behalf of the Department of Transport” [2010]

“David Elvin QC evokes praise for his far-reaching practice, which covers EIA, waste management and conservation. Recent work highlights include his representation of the Environment Agency in a case involving impact assessment and pollution control. This matter went to the House of Lords on appeal. Sources attribute his success in such matters to “the sheer authority of his opinions, and his excellent written advice and advocacy.” [2010]

"David Elvin QC combines the ability to assimilate large amounts of information with outstanding advocacy skills and a refreshingly commercial outlook. [2009]

"The focused and fearsomely intelligent David Elvin QC, a figure tremendously respected by the market. He handles a broad range of matters spanning EIA, waste management and habitats conservation, and has been involved in numerous high-profile cases on behalf of local authorities, business and environmental organisations. Recently this fabulously clued-up barrister represented the Environment Agency and the Secretaries of State for Environment and Local Government and Communities in a case relating to the creating of a partial substitute fuel at Rugby Cement Works." [2009]

" A tenacious litigator, he has a phenomenal ability to see a clear path through complex issues. He doesn't miss a trick and always has his clients’ best interests at heart. “ [2009]

"The phenomenally hard-working David Elvin QC has an excellent head on his shoulders. One client reported: Whenever we need a heavyweight opinion we go to him – he’s just supreme." [2008]

“An outstanding barrister who is extremely clever, very intellectual and client-friendly. As one interviewee put it: I would trust him with anything - he has a great personality and is very useful in difficult planning issues. [2008]

“Elvin’s colourful, enormous character, formidable intellect and combative style combine to make him one of the finest parliamentary and planning lawyers of his generation someone you definitely want on your side. He has risen to the very top in other chosen areas such as environmental, local government and contentious property law. Solicitors revealed that they instruct Elvin for his killer instinct, wonderful courtroom manner and ability to understand and evaluate complex and technical information the winning formula for success in these highly specialised areas of practice..." [2007]

Work for 2009 included appearing in the Privy Council on a land registration appeal from Belize, advising the Environment Agency on carbon capture, the regulation of odour and, with DBERR (now DBIS), successful defended a judicial review concerning Waste Electrical and Electronic Equipment (Repic [2009] EWHC 2015 (Admin)) and appeared for Canary Wharf and Tower Hamlets with regard to Heron Quay CPO (JR in early 2009, inquiry November 2009).  In Autumn 2009 he promoted two major waste management facilities: one for an in-vessel composting facility at Wisley, Surrey and one for a combined waste management facility (including paper recycling and pulping plant) at Rivenhall Airfield, Essex.

Work for 2010 includes acting for DOE NI on Seaport Investments No. 2 on SEA issues, advising DOE NI on the expansion of George Best Belfast City Airport and the scheme by Rose Energy for a large energy from waste plant, for Tesco in the High Court in Belfast on its the challenge to an out of centre development in Portadown, and in the challenge to the refusal of permission for Tesco’s largest store in Ireland at Banbridge (inquiry June 2009). He is acting for B & Q on conditional contract proceedings in the Chancery Court in Northern Ireland, in respect of the Telecommunications Code (linear obstacles, compensation and human rights) in the Chancery Division in London, and challenging on human rights grounds the Treasury’s introduction of retrospective provisions in the Finance Act 2008 to deal with a long-standing tax avoidance scheme utilising Isle of Man partnerships (Huitson [2010] EWHC 97 (Admin), on appeal).  David is advising and acting for the Environment Agency on several matters including in connection with the Landfill and Groundwater Directives and for the extractive industry in connection with the Mining and Waste Framework Directives. He advises and represents Lendlease in the Preston Tithebarn regeneration proposals (inquiry May/June 2010), Viridor Waste in respect of its proposals for a EfW plant at Ardley, Oxfordshire (inquiry July 2010) and for Wainhomes for several housing schemes in the south-west. David also advises a number of clients (including 11 local authorities) concerning the operation of the Habitats regulations in connection with the Thames Basin Heaths SPA. David is also a member of the NPS Quality Review Panel for DCLG.

David is also a member of the Advisory Board of the Royal School of Church Music (having previously been a Council Member) and the Chairman of the St Paul's Covent Garden Millennium Foundation.

QUALIFICATIONS

David Elvin received a B.A. (First Class) in Jurisprudence (1981) and a BCL (1982) from Hertford College, Oxford. David was one of the Treasury counsel from 1991 to 2000, having served as a member of what is now the "A" Panel of Treasury Counsel from 1995 until taking silk in 2000. David was appointed a Recorder in 2001 and in May 2008 he was appointed a Deputy High Court Judge in the Queen's Bench Division including the Administrative Court. In December 2008, David was appointed as a member of the Boundary Commission for England with effect from 12 January 2009. He had been appointed as an Assistant Boundary Commissioner in 2000 and had conducted an inquiry into, and reported on, the East London Parliamentary constituencies in 2001-2. He also sits as an arbitrator and is a qualified ADR Group Accredited Mediator.
 

CASES

INQUIRIES