Barney McCay

Planning

Barney has experience in planning, environmental and infrastructure matters.

Barney’s recent work includes:

• "Fast-growing" chickens: Acting (with Richard Turney) in a challenge to Defra’s purported policy on the keeping of “fast-growing” chickens, which raises issues of environmental law. Press coverage here.

• Cumbria coal mine: Acting in a claim for judicial review of the Secretary of State’s decision to consent to a new coal mine in Whitehaven, Cumbria. Press coverage here.

• Brighton traffic scheme: Acting for residents in a challenge to the diversion of nearly 700 buses daily along residential roads. Press coverage here.

• NHS trust planning contributions: Acting (with Zack Simons) in judicial review proceedings concerning the circumstances in which an NHS trust is entitled to section 106 contributions due to the impact of a development scheme.

• Mornings Mill Farm Inquiry: Acting (with John Litton KC) for the developer in the Mornings Mill Farm inquiry, which examined a proposal for comprehensive development comprising 700 dwellings. The appeal was allowed (with full costs) less than three weeks after the inquiry concluded.

• Permitted development rights: Advising on the merits of applying for judicial review of the decision of a local authority not to require prior approval for the installation of a 5G mast.

• Assets of Community Value: Advising a developer on the merits of an application to list land as an Asset of Community Value and its effects on the underlying application for planning permission.

During pupillage, Barney was supervised by Richard Turney and worked on a range of planning, environmental and infrastructure matters, including:

• Infrastructure projects: drafting submissions for the promoter, at a TWAO public inquiry into the Northumberland Line scheme. Press coverage here, here, and here.

• Environmental regulatory proceedings: advising on the Environment Agency’s approach to enforcement action and preparing cross-examination notes of expert witnesses at an enforcement appeal.

• Environmental judicial review: working on judicial review proceedings that concerned the compatibility of the Government’s “net zero” target with its approach to oil and gas exploration and development (Cox v OGA [2022] EWHC 75 (Admin)). Press coverage here.

During pupillage, Barney also assisted Russell Harris KC at a public inquiry into the redevelopment of four mansion blocks in Westminster, and worked with other members of Chambers (including Lord Carnwath and Jenny Wigley KC) on various planning issues.

Environment

Barney has experience in planning, environmental and infrastructure matters.

Barney’s recent work includes:

• "Fast-growing" chickens: Acting (with Richard Turney) in a challenge to Defra’s purported policy on the keeping of “fast-growing” chickens, which raises issues of environmental law. Press coverage here.

• Cumbria coal mine: Acting in a claim for judicial review of the Secretary of State’s decision to consent to a new coal mine in Whitehaven, Cumbria. Press coverage here.

• Brighton traffic scheme: Acting for residents in a challenge to the diversion of nearly 700 buses daily along residential roads. Press coverage here.

• NHS trust planning contributions: Acting (with Zack Simons) in judicial review proceedings concerning the circumstances in which an NHS trust is entitled to section 106 contributions due to the impact of a development scheme.

• Mornings Mill Farm Inquiry: Acting (with John Litton KC) for the developer in the Mornings Mill Farm inquiry, which examined a proposal for comprehensive development comprising 700 dwellings. The appeal was allowed (with full costs) less than three weeks after the inquiry concluded.

• Permitted development rights: Advising on the merits of applying for judicial review of the decision of a local authority not to require prior approval for the installation of a 5G mast.

• Assets of Community Value: Advising a developer on the merits of an application to list land as an Asset of Community Value and its effects on the underlying application for planning permission.

During pupillage, Barney was supervised by Richard Turney and worked on a range of planning, environmental and infrastructure matters, including:

• Infrastructure projects: drafting submissions for the promoter, at a TWAO public inquiry into the Northumberland Line scheme. Press coverage here, here, and here.

• Environmental regulatory proceedings: advising on the Environment Agency’s approach to enforcement action and preparing cross-examination notes of expert witnesses at an enforcement appeal.

• Environmental judicial review: working on judicial review proceedings that concerned the compatibility of the Government’s “net zero” target with its approach to oil and gas exploration and development (Cox v OGA [2022] EWHC 75 (Admin)). Press coverage here.

During pupillage, Barney also assisted Russell Harris KC at a public inquiry into the redevelopment of four mansion blocks in Westminster, and worked with other members of Chambers (including Lord Carnwath and Jenny Wigley KC) on various planning issues.

Property

Barney has experience in property, protest and housing matters.

Barney’s recent work includes:

• Homelessness: Acting for Crisis (with Justin Bates and Harriet Wakeman) in an intervention before the Supreme Court concerning the relief that should be granted after a local authority has been found to have breached its “full” homelessness duty.

• Allocation: Acting in judicial review proceedings that concern a local authority’s decision not to provide accommodation outside of its allocation scheme

• Injunctive relief: Acting for a homeless applicant seeking urgent interim relief after being evicted.

During pupillage, Barney was supervised by Justin Bates and gained experience in a range of property and housing law matters, including:

• Assisting with an appeal to the Supreme Court on whether a landlord could terminate a flexible tenancy agreement prior to the expiry of the fixed term without an express re-entry or forfeiture provision (Croydon BC v Kalonga [2022] UKSC 7).

• Assisting with an appeal to the Court of Appeal on whether a company could lawfully sign a section 8 notice (Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40).

• Advising on the powers of a local authority to restrict sub-letting and HMOs in right-to-buy flats.

Barney also assisted with urgent interim injunction proceedings that concerned anticipated protest activity at an oil refinery.

Public and Administrative

Barney has a broad public law practice encompassing human rights and judicial review claims. He has particular experience in matters concerning human rights, education, health, equality and housing law.

His recent and current work includes:

• "Fast-growing" chickens: Acting (with Richard Turney) in a challenge to Defra’s purported policy on the keeping of “fast-growing” chickens, which raises issues of public, environmental and competition law. Press coverage here.

• Discrimination and international law: Acting in proceedings that involve provisions of the Withdrawal Agreement and Article 14 of the European Convention on Human Rights.

• EU-derived rights: Acting on behalf of the AIRE Centre to assist a EUSS applicant with deportation proceedings before the Upper Tribunal and advising a national charity on the implications of the Retained EU Law (Revocation and Reform) Bill for EU-derived protections.

• Education: Advising on school exclusion decisions and acting in SEND tribunal hearings

• Homelessness: Acting for Crisis (with Justin Bates and Harriet Wakeman) in an intervention before the Supreme Court that concerns the relief that should be granted after a local authority has breached its “full” homelessness duty.

• Social security: Acting in various challenges, based on A1P1 and Article 14 of the ECHR, to decisions of the DWP

Before pupillage, Barney worked at the Public Law Project and as a Judicial Assistant in the Court of Appeal. During pupillage, Barney was supervised by Julia Smyth. Prior to and during pupillage, Barney therefore gained experience in a range of areas including:

• European Union: advising on the Withdrawal Agreement and Northern Ireland Protocol; and working on Brexit-related cases such as a judicial review (ongoing) of the compatibility of the Government’s policy regarding EU and EFTA citizens’ rights of residence with its obligations under the Withdrawal Agreement and EEA EFTA Separation Agreement (IMA v Secretary of State for the Home Department).

• International: advising on the interpretation of the Vienna Convention

• Protest: working on the Northern Ireland Human Rights Commission’s intervention in a challenge to the Northern Ireland Assembly’s decision to legislate for “safe space” zones outside abortion clinics.

• Immigration: working on Rule 39 injunction proceedings before the European Court of Human Rights

• Social security: advising on the applicability of A1P1 ECHR to social security payments

• Health: working on Court of Appeal proceedings in which certain provisions of the Abortion Act 1967 were challenged under Article 8 ECHR (Crowter v Secretary of State for Health).

• Equality and discrimination (as a Judicial Assistant): working on challenges to the “Right to Rent” policy, “No Resource to Public Funds” scheme, and covid furlough scheme.

• Inquests and inquiries (as a Judicial Assistant): working on a challenge to the scope of the inquest into the death of the victim of the Salisbury Novichok poisonings (Sturgess v HM Senior Coroner for Wiltshire & Ors [2020] EWHC 2007 (Admin)).

• Information (as a Judicial Assistant): working on a challenge to the retention of criminal conviction records (QSA & Ors v National Police Chiefs Council and Secretary of State for the Home Department [2021] EWHC 272 (Admin)).

Procurement and Subsidy Control

Barney has considerable experience in public procurement, competition and state aid matters.

Barney’s recent work includes:

• National Lottery Licence: Acting (with Sarah Hannaford KC, James Neill and Rose Grogan) in a high-profile public procurement challenge to the Gambling Commission’s award of the National Lottery licence. Press coverage here.

• "Fast-growing" chickens: Acting (with Richard Turney) in a challenge to Defra’s purported policy on the keeping of “fast-growing” chickens, which raises issues of competition law. Press coverage here.

• Trade and Cooperation Agreement: Advising on the state aid and procurement implications of an application for central government funding, including the relevance and interpretation of provisions of the Trade and Cooperation Agreement.

• Covid-19 procurement measures: Acting for contracting authorities seeking to recover payments made to suppliers during the covid-19 pandemic under central government procurement guidance.

• Local government contracts: Acting for a bidder challenging the award of a multi-million-pound contract to a rival business. The authority agreed to re-run the procurement exercise in response to pre-action correspondence.

During pupillage, Barney worked on a range of contentious and non-contentious matters. These included:

• Advising an economic operator in a dispute arising from a procurement exercise for waste disposal services

• Advising a contracting authority on the public procurement and state aid implications of a proposed land acquisition.

• Advising an economic operator challenging a procurement exercise in the regeneration sector

• Advising central government on the circumstances in which a procurement exercise needs to be conducted for agreements between contracting authorities.

Before joining Landmark, Barney won the Rosie Choueka Essay Prize (a competition run by the Procurement Lawyers’ Association) and took MBA courses on fiscal policy and subsidy control at Wharton. He also worked in competition, consumer and state aid policy for a national charity and helped coordinate its “super-complaint” to the Competition and Markets Authority.

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

Local Government

Public Interest Litigation