Jacqueline Lean

Call: 2007
Download CV

Practice Summary

Jacqueline has a cross-discipline practice, encompassing property, planning and public law, as well as environmental law matters related to those areas of practice. Jacqueline’s cross-discipline practice is illustrated (inter alia) by her instruction for the Department for Transport in respect of High Speed Two (both in litigation and as part of the team promoting the Phase 1 Bill (now Act) and Phase 2A through Parliament).

She is identified as a leading junior in Administrative & public law (including local government) and in Planning  in Legal 500 (2017 & 2018), described as “outstanding” (Planning, 2018) and “outstanding in this field” (Administrative and public law 2018).

She was appointed to the Attorney General’s ‘B’ Panel of Junior Counsel to the Crown in September 2015, having previously been a member of the ‘C’ Panel (appointed April 2012).

Property

Jacqueline’s property work encompasses the full range of landlord and tenant, including leasehold enfranchisement, and real property disputes. She has significant experience in mortgage disputes and rights of way, and regularly advises on cases involving planning and/or environmental issues. Recent work includes advising two landowners in separate disputes with utilities companies regarding the exercise of statutory powers in respect of private land; the construction of a guarantee potentially caught by the prohibitions in the Landlord and Tenant (Covenants) Act 1995; and advising a local housing authority in respect of a number of matters relating to tenants’ right to buy.

She has a particular interest (and experience) in cases involving protestors, and applications for pre-emptive relief, both for private landowners and public authorities, including obtaining pre-emptive injunctions for local authorities to prevent encampments on sites of exceptional public interest and/or public utility in circumstances where there is a general, as opposed to immediate, threat of an encampment occurring.

Planning and Environment

Jacqueline was part of the team of Landmark counsel instructed by the DfT to defend a number of challenges to the Government’s decision in January 2012 to seek powers to construct and operate HS2 Phase 1 by means of Hybrid Bill: R (Buckinghamshire CC & ors) v Secretary of Statement for Transport [2013] EWHC, [2014] UKSC 3).  She was part of the team of Counsel instructed to promote the Bill for HS2 Phase 1 through Parliament (the High Speed Rail (London-West Midlands) Act received Royal Assent in February 2017) and is currently instructed, with Tim Mould QC, to promote the Phase 2A (West Midlands – Crewe) Bill.

Jacqueline’s planning work encompasses advertising appeals, compulsory purchase & compensation; and statutory development plans (both during examination and legal challenges).  Recent Court work includes Steer v Secretary of State for Communities and Local Government [2018] EWCA Civ 1697, a challenge to a proposed housing development approximately 1.5 km from the Grade 1 listed Kedleston Hall (for SSCLG).  She is currently acting for Network Rail in respect of 2 Transport and Works Act Order applications seeking closure of level crossings within Suffolk and Essex as part of its Anglia Level Crossing Reduction Strategy.  Her infrastructure work also includes advising on matters relating to ports, non-mainline railways, and highway improvements.

Jacqueline has also been instructed on a number of matters concerning the Aarhus Convention, and appeared (with James Maurici QC) for United Kingdom before the Aarhus Compliance Committee on two communications concerning the Government’s decision to proceed with HS2 (ACCC/C/100 & 101 – decision awaited in ACC/C/100). 

She is identified as a leading junior for Planning  in Legal 500 2017 & 2018 and is described as “Outstanding” (2018) and “She stands out for her versatility and fierce intellect” (2017).

Public

Jacqueline undertakes a range of public law work, and has extensive experience in advising, and acting for, local and central government.

She regularly appears in the High Court, acting for a number of Government departments and has also advised or is acting for regulatory bodies, including Ofqual.  Cases of note include R (Hemming) v Westminster City Council [2015] UKSC 25, in which the Supreme Court decided that the EU Services Directive (2006/123/EC) as implemented by The Provision of Services Regulations 1999 did not preclude a licensing authority or regulatory body from charging a ‘success fee’ to successful applicants as a condition of holding a licence.

Her public law practice includes information rights: she was instructed (as junior counsel to Tom de la Mare QC) in Fish Legal v Information Commissioner [2015] UKUT 0052 (AAC)) and has subsequently advised (or acted for) a number of public bodies in respect of requests under the EIR, DPA and FOIA.

Other recent work includes advising local authorities on corporate decision-making powers, recovery of monies under overage clauses on sale of council owned land, and housing matters.

She is identified as a leading junior in Administrative & public law (including local government) in Legal 500 (2017 & 2018), described as “outstanding”, “outstanding in this field” (2018) and “Sharp and strategic, with a relaxed, friendly, hands-on style” (2017).

Rating and Valuation

Jacqueline acts for a range of clients on rating matters. Recent cases include issues of retrospective business rates liability, business rates liability of social clubs, and allowances to be made at stage 5 of the contractor’s basis of valuation to reflect an imbalance of bargaining power between the hypothetical landlord and tenant Recent cases include Celsa Steel (UK) Limited v Webb (VO) [2017] UKUT133 (LC) (for the Appellant, Celsa Steel) and Shirley v Park (Valuation Officer) [2018] UKUT 288 (LC) (for the VOA).

 

Qualifications

Jacqueline graduated with a BA in Law from Clare College, Cambridge in 2005 (MA, 2009), and with a LL.M. from the University of Chicago Law School in 2006, where she was the University of Cambridge-University of Chicago Gaylord-Donnelley Scholar. She was a recipient of the Gray’s Inn Prince of Wales Scholarship during her BVC year, and a senior scholar of the Inn during her pupillage year (Reid Scholarship).

Inquiries

Inquiry into the proposed Network Rail (Essex and others Level Crossing Reduction) Order

25/09/2018

Inquiry resumed September 2018.

Acting for Network Rail.

:

Inquiries

Inquiry into the proposed (now confirmed) High Speed Rail (London-West Midlands) (Greatmoor Railing Sidings Etc) Order 2018

02/07/2018

Acting for HS2.

Click here for more information.

:

Inquiries

Inquiry into the proposed Network Rail (Suffolk Level Crossing Reduction) Order

30/04/2018

Inquiry closed May 2018.  Decision awaited.

Acting for Network Rail.

Click here for more information.

:

Inquiries

Mid Sussex Local Plan Examination (2018)

01/02/2018

Acting for an objector, objecting to a proposed housing allocation (issues included impact on setting of listed buildings).

:

Inquiries

Site at Land At Wild Tracks Ltd, Chippenham Road, Kennett, Newmarket, CB8 7QJ (APP/V0510/C/10/2131649)

01/02/2011

:

Inquiries

Site at Brackenwood, Telegraph Hill, Midhurst, GU29 0BN (APP/L3815/C/10/2131886)

01/01/2011

:

Inquiries

Inquiry into the proposed Network Rail (Essex and others Level Crossing Reduction) Order

25/09/2018

Inquiry resumed September 2018.

Acting for Network Rail.

:

Inquiries

Inquiry into the proposed (now confirmed) High Speed Rail (London-West Midlands) (Greatmoor Railing Sidings Etc) Order 2018

02/07/2018

Acting for HS2.

Click here for more information.

:

Inquiries

Inquiry into the proposed Network Rail (Suffolk Level Crossing Reduction) Order

30/04/2018

Inquiry closed May 2018.  Decision awaited.

Acting for Network Rail.

Click here for more information.

:

Inquiries

Mid Sussex Local Plan Examination (2018)

01/02/2018

Acting for an objector, objecting to a proposed housing allocation (issues included impact on setting of listed buildings).

:

Inquiries

Site at Land At Wild Tracks Ltd, Chippenham Road, Kennett, Newmarket, CB8 7QJ (APP/V0510/C/10/2131649)

01/02/2011

:

Inquiries

Site at Brackenwood, Telegraph Hill, Midhurst, GU29 0BN (APP/L3815/C/10/2131886)

01/01/2011

:
icon-accordion-chevron icon-arrow-left icon-arrow-right icon-chevron-down icon-chevron-left icon-cross icon-download icon-letter icon-linked-in icon-phone-outline icon-phone icon-search icon-search icon-select-chevron icon-top-right-corner icon-twitter