Practice Summary
James Maurici was called to the Bar of England & Wales in 1996 (and the Bar of Northern Ireland in 2009). He practices in planning; environmental law and public law. In February 2008 he was appointed to the Attorney-General’s London “A” Panel of Junior Counsel to the Crown, having previously served on the "B" Panel from 2003 and the "C" Panel from 1999. In June 2008 he was appointed to the Freedom of Information list of Panel Counsel and in January 2009 he was appointed to the Welsh Assembly Government's Junior Counsel Panel.
He has extensive experience of appearing in the Higher Courts as well as at inquiries and in front of other tribunals. He has recently appeared in the Supreme Court twice as lead counsel in Welwyn v Secretary of State for Communities & Local Government (deception and planning enforcement) and Yemshaw v Hounslow London Borough Council (homelessness; meaning of “domestic violence”).For more detail of recent work in each of these categories see cases and inquiries. James has appeared in numerous cases before the European Court of Justice and the General Court (formerly the Court of First Instance) and has appeared before the Aarhus Compliance Committee in Switzerland. James works for a wide range of public sector clients, private clients and public interest groups. In 2010 James was awarded Junior of the Year in the Planning & Environment category of the Chambers & Partners Bar Awards.
Planning
James' planning practice encompasses all aspects of planning both at inquiries and in the Higher Courts. His practice also encompasses compulsory purchase and compensation, highways, rights of way and village greens.
His recent cases include acting for the Government on High Court Challenges to the revocation of Regional Strategies (R (Cala Homes) v Secretary of State for Communities & Local Government) no.1 and 2 ; Heathrow Runway 3 (R (Hillingdon) v Secretary of State for Transport); and the Doon Street tower (Ashton v Secretary of State for Communities & Local Government).
Environmental Law
James' environmental law practice is wide-ranging, covering matters such as habitats and species protection, 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 in climate change and emissions trading including the CRC Energy Efficiency Scheme. He has also been involved in a number of matters concerning marine environmental issues.
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. Recent cases include Case T-369/07 Latvia v Commission, Case C-495108 Commission v UK (Environmental Impact Assessment), Case T-183/07 Poland v Commission and Case T-263/07 Estonia v. Commission (EU Emissions, Trading), C-247/06 Commission v Germany (Environmental Impact Assessment and waste recovery); C-188/07 Commune de Mesquer v Total France SA (on the sinking of the Erika) and C-14/06 European Parliament v Commission and C-295/06 Denmark v Commission (on the use of DecaBDE in polymeric applications).
Recent high profile domestic environmental cases include: Save Britain's Heritage v Secretary of State for Communities and Local Government [2011] 2 C.M.L.R. 48 (demolition and EIA); R. (Edwards) v Environment Agency [2011] 1 W.L.R. 79; Coedbach Action Team Ltd v Secretary of State for Energy and Climate Change [2011] 1 Costs L.R. 70 (both Aarhus and costs) and R. (Hillingdon LBC) v Secretary of State for Transport [2010] J.P.L. 976 (Heathrow expansion).
Public Law
His public law practice includes housing, social security, education, regulatory, local government (including local government finance), EU law and all aspects of human rights law. He has appeared in a number of high profile public law cases including: R (Sharon Shoesmith) v Ofsted and Others; R (Bradley and others) v Secretary of State for Work & Pensions; Ken Livingstone v Adjudication Panel for England; R v. Bow Street Magistrate, ex p. Pinochet Ugarte (No. 2) and the Alconbury litigation.
James is co-editor of Judicial Review.
Professional Memberships
He is a member of the Administrative Law Bar Association, the United Kingdom Environmental Law Association, the Planning and Environment Bar Association, the Human Rights Lawyers Association, the United Kingdom Association for European Law, the Compulsory Purchase Association and the Bar European Group. In June 2008 James was elected to the Council of the United Kingdom Environmental Law Association.
Recommendations
In Chambers & Partners 2012:
In the latest Legal 500 James is rated as a leading junior in: Administrative and public law, including local government (where it is said “James Maurici is ‘destined for great things’”); Environmental law; and Planning law (where it is noted that “James Maurici was junior counsel to the Secretary of State in the judicial review regarding the decision to abolish the previous government’s regional strategies”).
He has regularly featured in the list of top-rated junior planning barristers in the annual Planning Magazine Law Survey.
James read Jurisprudence at Hertford College, Oxford (BA First Class Honours in 1994 and BCL First Class in 1995). In his BA he was awarded the Martin Wronker proxime (http://www.ox.ac.uk/gazette/2008-9/supps/schols/item_93.htm).
He was also previously a part-time College Lecturer in European Law at Hertford College, Oxford.
29 Nov 2011
29 Jul 2011
15 Jun 2011
06 Apr 2011
15 Dec 2010
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’
07 May 2010
15 Jan 2010
The Supreme Court Costs Officers (Mrs Registrar Di Mambro and Master O’Hare) today handed down an important judgment in R (Edwards & Pallikaropoulos) v Environment Agency, the First Secretary of State and & the Secretary of State for the Environment Food and Rural Affairs.
17 Sep 2009
30 Apr 2009
James Maurici appears in a case concerning the need for reasons for negative screening decisions under the Environmental Impact Assessment Directive
26 Mar 2009
A challenge to an NHS dispute resolution procedure under Article 6 of the European Convention on Human Rights
24 Feb 2009
09 Feb 2009
James Maurici is appearing for the UK Government in the Polish and Estonian cases in challenges seeking to annul decisions by the European Commission to reject the Phase II National Allocation Plans
27 Jan 2009
Tim Mould QC and James Maurici act for the Secretary of State in Ecotowns challenge
05 Nov 2008
James Maurici acts for UK in cases related to the Environmental Impact Assessment Directive
06 Oct 2008
An application for judicial review of a report of the Health Service Commissioner (“the Ombudsman”) into complaints surrounding the treatment of a patient who died in January 2002
30 Sep 2008
James Maurici acts in case concerning damages
01 Sep 2008
A case concerning claims under s.287 and 288 of the Town and Country Planning Act 1990
14 Jul 2008
A challenge under s. 288 of the Town and Country Planning Act 1990 to the decision of an Inspector to dismiss an appeal for the demolition of 2 existing dwelling houses and the erection of 14 two bedroom apartments in two blocks of seven apartments at Crowthorne
11 Jul 2008
Concerning an application for judicial review against the Health Service Commissioner
04 Jul 2008
01 Jul 2008
26 Jun 2008
A claim for judicial review of a decision of the Higher Education Funding Council for England
24 Jun 2008
A case involving the sinking of the m.v. Erika off the coast of France which led to her cargo, namely several million tonnes of heavy fuel oil, being spilled into the sea
24 Jun 2008
James Maurici appeared for the United Kingdom as interveners in this case regarding the pollution of hydrocarbons
01 May 2008
18 Apr 2008
01 Apr 2008
James Maurici acts in a challenge to the proposed banning of a flame-retardant substance
01 Jan 2008
20 Aug 2007
05 Jul 2007
A case concerning the EIA Directive and Waste Framework Directive
10 May 2007
A case brought against Thames Water for the spillage of untreated sewage
01 Mar 2007
A case concerning the meaning of “waste” under the Waste Shipment Directive
01 Feb 2007
David Elvin QC and James Maurici represent the Uk in a case concerning pollution controls
01 Jan 2007
01 Jan 2007
01 Jan 2007
01 Jan 2007
06 Dec 2006
24 May 2006
04 May 2006
James Maurici acts in a challenge to the UK’s Lawful Development Certificate
11 Nov 2005
07 Dec 2004
07 Jan 2004
01 Jan 2001
06 Jul 2000
10 Jan 2012
29 Nov 2011
23 May 2011
01 Jun 2009
01 Apr 2009
08 Jan 2009
An inquiry in which the Secretary of State grants planning permission for large industrial and warehousing estate in the Green Belt
05 Dec 2007
01 Jan 2006
01 Nov 2010
01 Jan 2009
01 Jan 2009
01 Jan 2009
01 Jan 2009
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