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Richard Clarke

Call: 2009
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Practice Summary

Richard is an experienced and versatile advocate who specialises in property law.  Richard also has significant experience in planning and public law cases, and was appointed Junior Counsel to the Crown (Attorney General’s C Panel) in 2018.   Richard is qualified to accept to public access instructions.

Recent Cases

  • Representing the claimant in a mortgage repossession claim for c.£1M arrears.  Issues included whether the terms of the mortgage amounted to a clog on the equity of redemption and whether the mortgage and/or Claimant’s conduct created an unfair relationship pursuant to section 140 of the Consumer Credit Act 1974. 
  • Representing the landlord in liability order proceedings brought by the billing authority.  The claim turned on whether tenant individual voluntary arrangements and a deed of waiver had the effect of transferring liability for business rates to the landlord.  Richard successfully argued that liability had not transferred, and the Court awarded the landlord their costs.
  • Representing the landlord in residential possession possessions, successfully arguing at trial that the occupier was a licensee rather than a tenant, and successfully defending the judgment on appeal.
  • R. (on the application of Buckingham) v NHS Corby Clinical Commissioning Group [2018] EWHC 2080 (Admin); [2018] A.C.D. 111 – together with David Lock QC, Richard acted for the Interested Party in these judicial review proceedings successfully challenging the decision to close the Corby Urgent Care Centre and replace it with a same day GP access hub. Issues included whether there was a legitimate expectation of consultation and whether the decision was vitiated by an unrecognised conflict of interest.

Property Law

Richard has a broad property practice, advising and acting on a range of landlord and tenant and real property matters including injunctions, disrepair, possession and forfeiture claims, boundaries and easements as well as general civil litigation.

Recent landlord and tenant work includes:

  • Advising a local authority on whether it was obliged to consent to tenant proposals to redevelop high value commercial premises held on a long lease;
  • Representing the landlord in a fast track trial concerning disrepair to rented premises;
  • Advising a commercial tenant on the correct construction of its lease, its rights to make alterations to the property and whether consent to alterations could be withheld.

Richard has particular expertise in complex or unusual possession claims.  Recent work includes:

  • Representing the claimant in a mortgage repossession claim for c.£1M arrears. Issues included whether the terms of the mortgage amounted to a clog on the equity of redemption and whether the mortgage and/or Claimant’s conduct created an unfair relationship pursuant to section 140 of the Consumer Credit Act 1974;
  • Representing the landlord in residential possession possessions, successfully arguing at trial that the occupier was a licensee rather than a tenant, and successfully defending the judgment on appeal.
  • An urgent possession claim against trespassers in the High Court where there was risk of hazardous waste being deposited on the land;
  • Acting on behalf of an NHS Trust to recover a hospital bed against a patient who refused to leave;
  • Acting on behalf of a landlord to recover possession of a dwelling house sub-let as a traveller pitch without their consent.

Recent real property work includes:

  • Advising a servient landowner on the nature and extent of a right of way over their land;
  • Advising a tenant on acquiring a loft space above their demise by adverse possession and/or encroachment;
  • Advising a landowner on the enforceability and construction of restrictive covenants over their land;
  • Advising on and drafting a defence and counterclaim in High Court proceedings over the correct location of a boundary, and whether the boundary had moved by reason of adverse possession;
  • Advising and acting on behalf of a commercial landlord in a party wall appeal, which raised issues as to the true construction and effect of the award.

Richard has experience acting in cases where property law overlaps with rating law, acting on behalf of landlords defending liability order proceedings brought by billing authorities.  Issues raised by previous cases include whether a lease had been subject to forfeiture, and whether tenant individual voluntary arrangements and a deed of waiver had the effect of transferring liability for business rates to the landlord.

Richard also acts in those cases which raises both property and planning law issues, including the construction and discharge s106 and s52 agreements.

Planning Law

Richard is an experienced advocate with a broad planning practice.  Richard regularly appears at inquiries concerning a range development types, past cases including:

  • A 67 hectare solar farm at Wroughton Airfield;
  • A 20 dwelling development in Bath, the main issue being whether there would be an unacceptable impact on the World Heritage Site,
  • The proposed re-development of a public house listed as an asset of community value.

Richard also has significant experience of enforcement inquiries, regularly acting for both local authorities and appellants.

In addition to his inquiry work, Richard acts in High Court planning challenges, past cases include:

  • R (Tarmac Trading Ltd) v Hertfordshire County Council[2016] EWHC 2794 (Admin); a challenge to the Defendant’s grant of planning permission for an inert waste recycling facility in the green belt (led by James Maurici QC);
  • R (Whitby) v (1) Secretary of State for Transport (2) Network Rail [2015] EWHC 2804 (Admin); [2016] EWCA Civ 444: a challenge against significant railway development in Manchester on heritage grounds;
  • R (Perry) v London Borough of Hackney[2014] EWHC 3499 (Admin), an important decision regarding the disclosure of affordable housing assessments as part of the planning process (led by Alex Goodman).

Richard also acts in those cases which raises both property and planning law issues, including the construction and discharge of s106 and s52 agreements.

Richard is a co-author of the chapter on Judicial Review Procedure in Garner’s Environmental Law.

Public Law

Richard worked as an employed barrister for the Government Legal Department before joining chambers in April 2013.  Since then, Richard has built a busy and varied public law practice, acting on behalf of claimants and defendants in the High Court, First Tier and Upper Tribunals.  Richard was appointed Junior Counsel to the Crown (Attorney General’s C Panel) in 2018.

Richard acts in a wide range of public law claims, with particular expertise in planning and environmental law, the operation of the police injury pension regulations and healthcare law.

Past cases include:

  • R. (on the application of Buckingham) v NHS Corby Clinical Commissioning Group [2018] EWHC 2080 (Admin); [2018] A.C.D. 111 – led by David Lock QC, Richard acted for the Interested Party in these judicial review proceedings successfully challenging the decision to close the Corby Urgent Care Centre and replace it with a same day GP access hub. Issues included whether there was legitimate expectation of consultation and whether the decision was vitiated by an unrecognised conflict of interest;
  • R (Tarmac Trading Ltd) v Hertfordshire County Council[2016] EWHC 2794 (Admin); a challenge to the Defendant’s grant of planning permission for an inert waste recycling facility in the green belt (led by James Maurici QC);
  • R (Cruelty Free International) v Secretary of State for the Home Department [2016] EWHC 1644 (Admin): a case concerning whether the Defendant had correctly applied the requirements of EU law when granting an animal testing centre an exemption from the need to provide dogs with outside access;
  • R (Whitby) v (1) Secretary of State for Transport (2) Network Rail [2015] EWHC 2804 (Admin); [2016] EWCA Civ 444: Richard acted on behalf of the Network Rail in this challenge against significant railway development in Manchester on heritage grounds;
  • Perry v London Borough of Hackney [2014] EWHC 3499 (Admin), an important decision regarding the disclosure of affordable housing assessments as part of the planning process (led by Alex Goodman).

Richard is a co-author of the chapter on Judicial Review Procedure in Garner’s Environmental Law.

Qualifications

Academic
Richard graduated with a LLB (first class) from Southampton University in 2006 and completed the Bachelor of Civil Law (BCL) at Oxford University in 2007-2008.  He completed the Bar Vocational Course in 2008-2009.

Scholarships
Queen Mother Scholar (Middle Temple)
Harmsworth Entrance Exhibition Scholar (Middle Temple)

Advocacy Prizes
Winner of the Norton Rose prize for best speaker in the Murdoch University International Maritime Arbitration Moot 2006 in Perth, Australia
Winner of the University of Southampton Mooting Competition 2004-05, awarded the Mocatta Moot Prize
Winner of the University of Southampton Mooting Competition 2003-04, awarded the Mocatta Moot Prize

Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

:

Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

A called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

:

Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

:

Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

A called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

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