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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.

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. Most recently, he has advised a parish council on the judicial review of a planning permission, advised a local amenity group on their case strategy for a planning appeal, and appeared with David Elvin QC and Luke Wilcox in a called in planning inquiry for a development including 400 homes near Newmarket.   While a pupil, Nick has assisted on a variety of planning and CPO matters, gaining experience of:

  • Advising on planning issues, such as the law surrounding the installation of CCTV cameras on poles, the applicability of pure contract law doctrines to s. 106 Agreements, the continued existence of historic planning permissions, and more strategic issues such as advising a landowner on potential rights of recourse (in public, private, and human rights law) for lost feed-in-tariff opportunities; and the best options for a local authority which issued a planning permission in error.
  • The strategic approach to planning appeals, including advising on issues such as 5 year housing land supply, landscape impact, amenity, design, and heritage impact; and attending planning inquiries for developments including residential care homes and large-scale market housing.
  • Advising on a number of CPO issues, including the interpretation of land valuation and compensation assumptions, the assignability of compensation claims, and strategies to maximise land value ahead of a CPO.
  • Advising on commercial procurement issues, such as the reviewability of a local authority’s decision not to enter a commercial contract.

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__ (President of the UT and FTT), a case concerning the application of the Rehabilitation of Offenders Act 1974 to local authority HMO licensing decisions.
  • 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, and where one set of trespassers seeks to exclude a later set based on possessory title.
  • 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.

As a pupil, Nick also gained experience of:

  • Drafting pleadings covering such matters as trespass and trespass to goods, the existence of easements, and renewal of business tenancies.
  • A county court trial concerning a potential fraud on HM Land Registry.
  • Advising on such matters as the validity of an option exercise; the existence of, and interference with, historic easements; the interpretation of leases and the extent of demise; lessees’ rights and obligations under alienation, reinstatement and dilapidations provisions; quantum meruit and constructive trust claims; telecoms issues; issues under the Access to Neighbouring Land Act 1992; landlord’s unreasonable refusal to consent to a change of use; and a potential noise nuisance claim arising from overflying planes.

Nick is a member of the Property Bar Association.

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, 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 pupillage 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 construction adjudicator on the best strategy for recovering unpaid fees.
  • 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.
  • 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.

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.
  • Recently commissioned as a contributor to Garner’s Environmental Law.
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