Edward-Arash Abedian

Public and Administrative

Ed has a broad public and administrative law practice. He is especially interested in matters concerning human rights, immigration, social security, housing, education, information and data, and European Union law.

Immigration and asylum:

• Representing appellants in the First-tier Tribunal (IAC) in protection and human rights claims, and EU Settlement Scheme claims.
• Appearing before the Upper Tribunal (IAC) on behalf of the Appellant in an appeal against the refusal of leave to remain under Appendix Graduate of the Immigration Rules.
• Successfully representing the Appellant in the First-tier Tribunal (IAC) in an appeal against a decision to make a deportation order under the Immigration (European Economic Area) Regulations 2016.
• Bringing a claimant judicial review challenge to a decision to revoke indefinite leave to remain following a successful human rights appeal against deportation. The Home Office subsequently granted the Appellant indefinite leave to remain.

Social security:

• Acting for the Appellant in the Upper Tribunal (SEC) in an appeal against a decision to withdraw their entitlement to Personal Independence Payment. The Upper Tribunal granted permission to appeal following an oral hearing and the Secretary of State has decided to support the appeal and consent to judgment.
• Appealing to the Upper Tribunal (SEC) in a challenge to the Overlapping Benefits Regulations as they apply to payments of state pension and Carer’s Allowance.
• Acting for the Appellant in the First-tier Tribunal (SEC) in an appeal against decisions relating to entitlement and recoverable overpayments for Universal Credit.

Housing:

• Bringing a claim for judicial review and interim relief in the High Court challenging a local authority’s failure to provide support under section 19(3) of the Care Act 2014.
• Judicially reviewing a local authority’s ongoing breach of the main housing duty under the Housing Act 1996.

Education and healthcare:

• Appearing unled in the High Court (Admin) on behalf of a governing body in a judicial review claim brought against the decision not to renew a lease for part of a school site. The claim was defended successfully in the High Court and is now subject to an application for permission to appeal in the Court of Appeal.
• Drafting legal submissions on behalf of a local authority in support of a referral made to determine a dispute about whether an adult is ordinarily resident for the purposes of Part 1 of the Care Act 2014.
• Regularly representing parents and local authorities in First-tier Tribunal SEND appeals, particularly in respect of sections B, F and I of EHC plans.
• Junior Counsel, led by Fiona Scolding KC, in the UK Covid-19 Public Inquiry.

Information and data:

• Advising on the merits of an appeal to the Upper Tribunal (AAC) against a decision made by the Information Commissioner regarding requests made under the Freedom of Information Act 2000 to a central government department.
• Advising a local authority on various data law matters, including domain-squatting.

European Union law:

• Acting for the intervener in the Upper Tribunal (AAC) in an appeal concerning rights of residence under Part 2 of the EU-UK Withdrawal Agreement for the purposes of claiming social security benefits. Led by Galina Ward KC.
• Drafting a letter before claim and advising in respect of government housing allocation policies in British Overseas Territories and their compliance with equality and discrimination obligations under the Withdrawal Agreement.

Ed has previous immigration, asylum and nationality law experience having worked as a paralegal at an immigration firm. He was also children’s adviser with the Refugee Council, where he provided a drop-in clinic for unaccompanied minors and acted as the Appropriate Adult during local authority age assessments. He undertakes pro bono work with Advocate and Bail for Immigration Detainees.

Planning

Ed practices across all areas of planning, infrastructure and compulsory purchase.

Ed acts for a wide range of developers, private clients, local authorities, other public bodies, community groups and NGOs in planning court cases, as well as planning inquiries and hearings. He has also defended and prosecuted planning enforcement actions brought under the Town and Country Planning Act 1990 in the criminal courts.

His recent planning inquiries and hearings include:

• Appearing as sole counsel on behalf of a local planning authority in a public inquiry relating to a proposal for a redevelopment of 20 storeys to provide 355 residential units and commercial / retail / office uses.
• Appearing as sole counsel on behalf of a town council (Rule 6 Party) in a public inquiry into proposals to deliver 48 retirement living homes and convert a non-designated heritage asset to a community use.
• Appearing as sole counsel on behalf of a local planning authority in a 2-day (section 195) appeal against a refusal to grant a Lawful Development Certificate for the subdivision of a dwelling into 7 self-contained flats.
• Acting for the successful developer at a planning inquiry relating to a proposal for redevelopment to form 177 open market, affordable and retirement living apartments, and Class E commercial space at a former gas network site in Christchurch, Dorset. Led by Sasha White KC.
• Acting for the successful developer in a planning inquiry concerning a proposal for 173 homes in the “Grey Belt” in Castle Point, Essex. Led by Zack Simons KC.
• Acting for the developer in a planning inquiry concerning a proposal for 120 homes in the Green Belt in Beaconsfield, South Buckinghamshire. Led by Zack Simons KC.
• Acting for the developer in a planning inquiry involving a proposal for a mixed use 14-storey building, including a hotel, in Lambeth, London. Led by Neil Cameron KC.
• Acting for LB Islington in an appeal relating to a proposed temporary change of use of the Archway Campus to non-residential artist studios and exhibition space. Issues included the implications of projected CIL contributions. Led by David Forsdick KC.
• Acting for the successful developer at a planning inquiry concerning a proposal for 296 dwellings in the Green Belt in Basildon, Essex. Led by Zack Simons KC.
• Acting for the developer in a planning inquiry concerning a proposal for 45 dwellings in the Green Belt in Colney Heath, Hertfordshire. Led by Zack Simons KC.

His recent written and advisory work includes:

• Advising on the interpretation of the national policy position with respect to the re-use of agricultural buildings for residential purposes.
• Advising on the merits of applications made under section 15 of the Commons Act 2006 for registration of land as a town or village green.
• Advising on securing an uplift in the number of dwellings on a multi-phase development site within the limits of an existing hybrid consent.
• Advising in relation to the provision of off-site highway works pursuant to conditions attached to outline planning permissions for multi-phase developments.
• Submitting written representations in support of planning applications before planning sub-committee meetings.
• Drafting a letter of objection to the onshore elements of a proposed wind farm on behalf of local residents.

Ed gained further experience in infrastructure, compulsory purchase and compensation issues during pupillage by:

• Assisting Tim Corner KC and Guy Williams KC in SoS for Transport v Curzon Park Limited [2023] UKSC 30, concerning the determination of certificates of appropriate alternative development (CAADs) in relation to HS2.
• Working on the confirmation of orders made under section 226(1)(a) of the TCPA 1990 for the compulsory purchase and redevelopment of South Acton Estate (assisting Guy Williams KC) and Woolwich Exchange (assisting Reuben Taylor KC and Guy Williams KC).
• Assisting Lord Carnwath CVO on an early neutral evaluation dealing with the correct scope of s.10A of the Land Compensation Act 1961.

Environment

Ed is developing a varied practice covering all aspects of environmental law.

His recent instructions include:

• Acting for the Department of Environment, Food & Rural Affairs in an appeal before the Court of Appeal concerning a series of judicial review challenges to restocking notices issued under the Forestry Act 1967. Led by Zack Simons KC.
• Acting for a statutory body in a judicial review relating to the management of animal stocking levels on Dartmoor. Led by Matthew Fraser.
• Representing a community group in respect of an application for a Development Consent Order for a Nationally Significant Infrastructure Project (including at the pre-application, pre-examination and future examination stages).
• Prosecuting offences committed under the Environmental Protection Act 1990 in the Magistrates’ Court.
• Advising an environmental campaigner and NGO on sewage matters, water quality and safety concerns in respect of English beaches.
• Advising in relation to the review of mineral permissions concerning former mineral working sites.
• Advising a community interest group on the merits of challenging the grant of planning permission for the installation of a solar farm.

Ed gained experience of environmental judicial review during pupillage, including:

• Working on Protect Dunsfold Ltd v SSLUHC [2023] EWHC 1854 (Admin), an oral renewal hearing that sought permission to bring two legal challenges to the grant of planning permission by the Secretary of State for exploratory gas drilling in Surrey (supervised by Guy Williams KC).
•  Marshalling with Lord Justice Holgate in R (Together against Sizewell C Ltd) v SoS for Energy Security and Net Zero [2023] EWHC 1526 (Admin), a challenge to the decision to grant a Development Consent Order for the Sizewell C Nuclear Power Station.

Ed is a member of the Planning and Environmental Bar Association (PEBA) and the United Kingdom Environmental Law Association (UKELA).

Property

Ed accepts instructions in property matters, particularly in relation to housing, homelessness and cases at the intersection of public and property law.

Ed is a member of the editorial team for the Encyclopedia of Housing Law and Practice.

His recent property work includes:

• Appearing regularly in the County Court in possession proceedings involving tenants, mortgaged property, trespassers and persons unknown.
• Opposing an application to set aside default judgment in respect of unpaid mortgage, service charge and ground rent arrears.
• Advising a group of local authorities on the application of statutory guidance issued under the Building Safety Act 2022.
• Acting for the Respondent in in Lea v Ilfracombe Management [2024] EWCA Civ 1241, the first occasion on which the Court of Appeal has considered the extent of the First-tier Tribunal’s powers to award costs under the Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013. Led by Justin Bates KC.

Rating and Valuation

Ed is building a varied practice covering all aspects of rating law.

His recent work includes:

• Appearing in the Magistrates’ Court in disputes between billing authorities and ratepayers.
• Advising on challenging the entry of new hereditaments in the rating list to remove backdated liability for non-domestic rates.
• Advising on whether parking spaces located in a commercial car park are subject to non-domestic rates.
• Advising on and drafting submissions for a ‘challenge’ case seeking to delete a property from the rating list as it was incapable of beneficial occupation.
• During pupillage Ed was supervised by Guy Williams KC and worked on the following:

SSE Plc v Moore (VO) [2023] UKUT 24 (LC), an appeal concerning the correct mode or category of occupation of a long-term mothballed power station.

UBB (Essex) Construction JV v Teagle (VO), an appeal in the Valuation Tribunal concerning whether a mechanical biological treatment facility should appear in the rating list as a hereditament and what its rateable value should be.

Advising on whether buildings benefitted from an agricultural exemption from non-domestic rates under Schedule 5 of the Local Government Finance Act 1988.

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.

EU Law post-Brexit

Local Government

Public Interest Litigation