Full Presentation
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Planning High Court Challenges - Part 3
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Planning law
James’s planning practice encompasses all aspects of planning including advisory, advocacy at inquiries and hearings and advocacy in the Higher Courts. He has considerable experience of Development Plan examination hearings. His practice also encompasses compulsory purchase and compensation, harbours, highways, rights of way, commons registration and village greens (both inquiries and in the Higher Courts).
Environmental law
James’s environmental law practice is wide-ranging, covering matters such as habitats and species protection, contaminated land, 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 considerable expertise in climate change litigation. He has also been involved in cases concerning marine environmental issues. He regularly advises and engages in cases concerning access to environmental information. He has also appeared many times before the UNECE Aarhus Compliance Committee in Geneva.
Public law
His public law practice is very wide ranging. He has appeared in a number of high-profile public law cases including:
Retained/ Assimilated EU law
James regularly advises and appears in cases concerning retained EU law. Before Brexit he regularly appeared 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.
International
In addition to his extensive European Court practice (see above) James has made several appearances before the UNECE Aarhus Compliance Committee in Geneva. He has acted in cases going to the European Court of Human Rights in Strasbourg.
Professional Memberships:
James was a member of the Attorney-General’s London Panels of Junior Counsel to the Crown from 1999-2013. He also served on the Welsh Assembly Government’s Junior Counsel Panel from 2009 to 2013.
James has in the past chaired the Steering Groups for Planning, Environmental and Public Law at Landmark Chambers.
In April 2021, James was appointed to the Council of NIPA. He is jointly leading and co-ordinating (with Ben Copithorne) the working group on Growing and Engaging a diverse membership.
James was previously a part-time College Lecturer in European Law at Hertford College, Oxford.
James’s planning practice encompasses all aspects of planning both at inquiries and hearings and in the Higher Courts. His practice also encompasses compulsory purchase and compensation, harbours, highways, rights of way, commons registration and village greens (both inquiries and in the Higher Courts).
James won the award for ‘ Environment/Planning Silk of the Year ’ at the Chambers UK Bar Awards 2022.
Higher Courts planning work
His recent high-profile planning cases include appearing in:
He also acted for the Government on challenges to:
James has huge experience of dealing with EIA, SEA and habitats cases in the Higher Courts. See by way of example only:
James has appeared at a number of village green inquiries for both applicants and objectors.
His Higher Court cases in this area include
He also regularly acts in commons related work advising on commons consent and related issues.
James’s environmental law practice is wide ranging, covering matters such as habitats and species protection, contaminated land, 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 on climate change issues, and especially emissions trading. He has also been involved in a number of cases concerning marine environmental issues. He regularly advises and is involved in cases concerning access to environmental information. James co-chaired (with David Elvin KC) the Environmental Steering Group at Landmark Chambers for a number of years.
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.
He has been involved in litigation and advisory work involving fracking: see R. (Frack Free Balcombe Residents Association) v West Sussex CC [2014] EWHC 4108 (Admin) and R. (Dean) v Secretary of State for Business, Energy and Industrial Strategy [2017] 4 W.L.R. 158.
He is on the LexisPSL Environment Consulting Editorial Board and on the editorial board of Garner’s Environmental Law.
Between June 2008 and June 2016 we was on the Council of UKELA and was also on the Executive Committee of UKELA for much of that time.
James won the award for ‘Environment/Planning Silk of the Year’ at the Chambers UK Bar Awards 2022.
James has appeared in a number of high profile public law cases including:
His public law practice is very wide ranging and includes:
James has particular experience in cases involving the Parliamentary and Health Service Ombudsman the Local Government Ombudsman and the Public Service Ombudsman for Wales. He has been involved in a number of cases concerning public law challenges in the health context: see eg
He is regularly involved in advising in cases involving freedom of information and in particular the Environmental Information Regulations.. He has acted in a number of cases in the tribunals on these issues. He is the co-author of the chapters on “Access under the Environmental Information Regulations” in P. Coppell Information Rights Law and Practice 5th edition (2020).
He appeared for the UK in Case C-279/12 Fish Legal and another v Information Commissioner [2014] 2 W.L.R. 568 (recent decision of the Grand Chamber of the European Court of Justice on the meaning of “public authority” under Directive 2003/4/EC) and also in Case C-71/14 East Sussex CC v Information Commissioner [2016] P.T.S.R. 179. He also acted for a number of Government departments in group litigation in respect of property search charges fees said to have been levied contrary to Directive 2003/4/EC.
He was previously the chair of the public law steering group at Landmark Chambers.
James was a founder of Judicial Review (Taylor & Francis) with Michael Fordham KC in 1996 and acted as assistant editor and then co-editor for over 20 years. He is now a consultant editor.
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.
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Planning High Court Challenges - Part 3
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When does the “no substantial difference test” make a difference in JR applications? Does the outcome differ, depending on whether the case is based on EU or UK law?” (with Admas Habteslasie) JR forthcoming.
The status and legal effect of a quashed appeal decision in planning law J.P.L. 2018, 5.
International law in domestic practice: advice for practitioners on how international and comparative law arises in domestic case law E.L.M. 2016, 28(3/4), 155-163.
“Access to Justice: Review Procedures and Costs” in the Aarhus Convention A guide for UK Lawyers ed. C Banner (2015, Bloomsbury).
Dealing with a non-active defendant in judicial review proceedings J.R. 2015, 20(3), 157-159.
When does the heightened Mass Energy permission test apply? J.R. 2015, 20(2), 105-113.
State aid in planning and compulsory purchase order cases J.P.L. 2015, 6, 621-643.
Public law reviewability of land disposal (and management) decisions J.R. 2014, 19(4), 237-252.
Environmental Information Regulations chapter in Information Rights Law and Practice P Coppel (2014).
The influence of the Aarhus Convention on EU Environmental Law Parts I and II J.P.L. 2014, 2, 181-202 and J.P.L. 2013, 12, 1496-1512.
Aarhus access to justice and civil sanctions update E.L.M. 2011, 23(4), 170-198.
Judicial review and the MMO Env. Law 2010, 60, 18-25.
Climate change – case-law update Env. Law 2010, 58, 10-23.
Consent orders in section 288 and 289 proceedings J.P.L. 2010, 10, 1217-1236.
Disclosure and freedom of information in High Court challenges Env. Law 2010, 56, 20-34.
Rethinking regulatory sanctions: Regulatory Enforcement and Sanctions Act 2008 – an exchange of letters E.L.M. 2009, 21(4), 183-188.
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