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Nicholas Grant

Call: 2016
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Practice Summary

Nick joined Chambers in 2019, following completion of a third six during which he was supervised by Myriam Stacey and Charles Banner QC. Prior to coming to Landmark, he completed pupillage in a leading commercial/construction set. He accepts instructions in cases concerning Planning, Infrastructure and Procurement, Property, Environment, Commercial Dispute Resolution, and Costs. Recent work includes being part of the Government’s team in  LB Hillingdon & Ors v Secretary of State for Transport [2019] EWCA Civ ___, representing a rule 6 party at a three week planning inquiry into an Energy from Waste plant in Sussex, advising on a cross-border (England/Switzerland) services dispute, and representing the claimant in Hussain v Waltham Forest LBC [2019] UKUT 339 (LC).

Prior to starting pupillage, Nick was Judicial Assistant to Lady Justice Arden (now Lady Arden) in the Court of Appeal, where he assisted on cases covering tax, public, EU, competition, planning, and data protection law. Before that, he taught Environmental Law at University College London during his BPTC. While studying for an LLM at Harvard Law School, he was a Senior Editor for the Harvard Business Law Review Online, clerked (equivalent to being a Judicial Assistant) for three judges in the Massachusetts Department of Environmental Protection, and represented prisoners before disciplinary tribunals.

Planning, Infrastructure, and Procurement

Nick is fast developing a varied planning practice. Recent instructions includes:

  • Representing, unled, a Rule 6(6) party in a 3 week planning inquiry into a proposed energy from waste plant in Horsham, Sussex (APP/P3800/W/18/3218965).
  • Appearing, led by David Elvin QC and with Luke Wilcox, in a called in planning inquiry for a mixed use development including 400 homes near Newmarket (APP/H3510/V/14/2222871).
  • Led by James Maurici QC and Andrew Byass, being part of the Government’s legal team responding to the written intervention of WWF in the recent Heathrow expansion case: LB Hillingdon & Ors v Secretary of State for Transport [2019] EWCA Civ ___.
  • Led by David Elvin QC, advising on an application for a certificate of lawful use or development in Wales.
  • Representing the Applicant in an enforcement inquiry following change of use from a house to three residential flats (APP/C5690/C/18/3206481).
  • Advising long leaseholders of properties on their best strategy to navigate an impending CPO.
  • Advising on the application of public procurement law to structured transactions following the decision in R (Faraday Development Ltd) v West Berks Council [2018] EWCA Civ 2532.
  • Drafting particulars of claim in a breach of contract and public procurement claim following termination of a service agreement and exclusion of the provider from an ongoing procurement competition.
  • Advising a parish council on the judicial review of a planning permission.
  • Advising a developer on its rights under an 1830s railway statute.

He has also recently gained experience of advising: a landowner on how best to get their land allocated in a draft local plan; the imposition of additional requirements at reserved matters stage; the merits of a potential judicial review on daylight/sunlight grounds; and the application of the 5 year housing land supply requirement.

Nick is a member of the UK Environmental Law Association, the Planning and Environment Bar Association, and the Procurement Lawyers Association.

Property

Nick is developing a busy and wide-ranging property practice, having undertaken a number of matters in his own right during and after pupillage. Recent appearances include:

  • (Led by Justin Bates) Hussain v Waltham Forest LBC [2019] UKUT 339 (LC) (Holgate J and President Siobhan McGrath), a case concerning the application of the Rehabilitation of Offenders Act 1974 to local authority HMO licensing decisions.
  • Representing the Defendant in a border dispute.
  • Representing a Defendant in Rent Repayment Order proceedings in the FTT.
  • Appearing in and drafting proceedings in a number of 1954 Act lease renewals, many in the telecoms context.
  • Acting for the landlord in a fair rent review hearing under the Rent Act 1977.
  • Acting in the full spectrum of possession proceedings, including commercial, residential, mortgagee, against trespassers, on mandatory and discretionary grounds, under the Rent Act 1977, where one set of trespassers seeks to exclude a later set based on possessory title, and where one of the parties has since become insolvent.
  • Acting in dilapidations cases, including for a landlord seeking rent against a tenant’s dilapidations claim, a landlord resisting a claim for a rent rebate on dilapidations grounds, and for a tenant resisting rent arrears on the basis of dilapidations.
  • Acting for a judgment creditor resisting a claim for conversion after seizing bound goods.
  • Drafting pleadings on matters including possession, negligence, trespass, and breach of contract.

Recent advisory work includes:

  • (Led by Katharine Holland QC) advising the administrators of a company on a landlord’s application for permission to forfeit a lease.
  • Advising landlords, tenants, and tenants who were also joint landlords on claims in nuisance, and for breach of the covenant of quiet enjoyment.
  • Advising on the recoverability of service charges.
  • Advising on rights of first refusal under the Landlord and Tenant Act 1987.
  • Advising on the application and termination of the 1954 Act, and potential compensation claims.
  • Advising on a landlord’s unreasonable refusal to consent to a change of use.

Nick is a member of the Property Bar Association and the Chancery Bar Association. He is also an Assistant Editor of the Encyclopaedia of Housing Law and Practice.

Environment

Having studied environmental law in both the UK and USA, and taught environmental law at UCL, Nick is keen to take any cases which involve an environmental dimension. Most recently, Nick was part of the government’s team (led by James Maurici QC and Andrew Byass), responding to the written intervention of WWF in the recent Heathrow expansion case (LB Hillingdon & Ors v Secretary of State for Transport [2019] EWCA Civ ___), particularly focusing on arguments relating to the incorporation and meaning of “sustainable development” in international law. While working with David Elvin QC Nick has gained experience of advising the government on post-Brexit environmental regulation. He has also worked on cases examining the compatibility of aspects of the costs regime with the Aarhus convention, and the interpretation of the WEEE Regulations.

Nick is a member of the UK Environmental Law Association, and a contributor to Garner’s Environmental Law.

Commercial Dispute Resolution

Throughout his time at Landmark and before, Nick has gained a wide range of experience in the commercial dispute resolution context – both in litigation and arbitration. Recent instructions include:

  • Advising a Swiss foundation on a potential breach of contract claim bought by an English company relating to alleged breaches of a services agreement.
  • Advising on and drafting a defence in an international sale of goods claim.
  • Representing a claimant creditor in a claim bought for non-payment under a Consumer Credit Act 1974 regulated contract.
  • Drafting statements of case and advising defendants in a claim for unpaid debts under a commercial services agreement, including a potential counterclaim for negligence and breach of contract.
  • Advising a construction adjudicator on the best strategy for recovering unpaid fees, and drafting statements of case.
  • Representing creditors in the Companies Court Winding Up list.

As a pupil, he has worked on cases which include issues of agency, corporate attribution, the interpretation of large-scale construction and PFI contracts, subrogation in the insurance context, and the interpretation and effect of indemnities, bonds, guarantees, and warranties.

Prior to his studies at Harvard, Nick worked on Lloyds Bank’s review of sales of Interest Rate Hedging Products to sophisticated businesses.

Costs

Nick is fast developing a busy costs practice. Most recently, he has advised on a Parish Council’s entitlement to Aarhus costs protection. During pupillage Nick has also gained experience of a number of costs issues, including the correct basis of costs at judicial statutory review permission stage, and whether that is compatible with the Aarhus convention; the interaction of costs management orders, costs capping orders, and a party’s contractual entitlement to costs; and applications for security for costs.

Qualifications

  • University College London – LLB (First Class)
  • Harvard Law School – LLM
  • BPP University – BPTC

Awards

  • UCL: Richard Fitzgerald Prize for academic, social and communal contribution to UCL Laws
  • UCL: International Corporate Rescue Prize for the highest mark in LLB Company Law.
  • UCL: Highest mark in LLB Environmental Law
  • BPP University: Excellence Award
  • Inner Temple: Major Scholarship for the BPTC
  • Inner Temple: Lawson Moot (Winner)
  • Inter-Inns of Court Mooting Competition (Winner)

Publications

  • ‘Mandating corporate environmental responsibility through a new directors’ duty’ (2015) Environmental Law Review 17(4), 252-265.
  • Contributor to Garner’s Environmental Law.
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