Tim Buley

Call: 2000
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Practice Summary

Tim Buley specialises in all areas of public and regulatory law and planning and environmental law. In December 2013 he was ranked as one of Chambers UK’s Top Junior Bar 100, in its inaugural (and still only) listing of the top UK barristers. The Legal 500 2016 says that Tim is “probably the leading junior at the Administrative Law Bar”, and Chambers UK 2018 describes him as “one of the most accomplished junior counsel at the Bar”. Other comments from the current editions include “I don’t think there is a better junior at the Bar, he is an outstanding lawyer”, “at the cutting edge of EU rights”, and “masterful representation… in high profile judicial review challenges”. He was shortlisted for Human Rights and Public Law Junior of the Year at the Chambers UK Bar Awards 2017 and is the only junior currently listed in Band 1 in Admin law in both directories, with band 1 listings in five areas in both Chambers UK 2018 and the Legal 500 2017 (full Directory rankings in the link on the right).

Tim is a member of the Attorney-General’s A-panel of Junior Counsel (since 2013), and the Welsh Government A-Panel. Tim has also been appointed by the Attorney-General as a Special Advocate, who can be instructed to represent individuals and organisations in closed material proceedings. He appears as sole and leading counsel, including regular appearances against silks, at every level of the domestic court system including the Supreme Court. A list of Tim’s reported cases, which include 8 Supreme Court cases and over 60 Court of Appeal cases, as well as references to the Court of Justice of the European Communities, can be accessed via the Cases section.

Tm’s practice covers the full range of public law work, from commercial and regulatory matters, through constitutional and EU law, planning and the environment, local government and healthcare, to civil liberties and human rights, immigration, and social welfare. He is equally experienced acting for and against public bodies, and for commercial interests and individuals.

The breadth of Tim’s practice is demonstrated by his clients, who include commercial organisations and developers, regulators, individuals, NGO’s and pressure groups, most central government departments, many local authorities, and a wide range of independent and non-departmental public bodies. He has a strong commitment to legal aid and pro bono work and in 2009 was named as one of the Attorney-General’s Pro Bono Heroes for “outstanding commitment to pro bono work”.

For more details of Tim’s particular areas of expertise, please follow the links on the right.

Details of Tim’s wide range of reported cases, with full case citations, can be accessed via the Cases link on the right. He is qualified to accept public access instructions.

General public law including commercial and regulatory public law

Tim Buley is recognised as one of the standout juniors at the public law bar, with unrivalled experience of judicial review and statutory review in the Administrative and Planning Courts, and on appeal, as well as in a wide range of specialist administrative tribunals. The Legal 500 2016 described Tim as “probably the leading junior at the Administrative Law Bar” and he is the only junior recognised in Band 1 in the both of the current editions of Chambers UK and the Legal 500, where comments include “masterful representation of claimants and defendants in high profile judicial review challenges”, “a leading junior in the human rights and civil liberties field”, “standout junior”, and “one of the most accomplished junior counsel at the Bar”. His public law expertise is also recognised with band 1 rankings across a range of other public law areas and he was shortlisted for Human Rights and Public Law Junior of the Year’ at the Chambers UK Bar Awards 2017.

Tim’s public law practice is exceptionally broad. For more details of Tim’s public law work in the fields of civil liberties, planning and environment, local government, social welfare, EU law, social security and NHS and community care law, follow the appropriate link. Tim’s public law work is not however confined to these areas and takes in a much broader range of constitutional, commercial and regulatory public law.

Tim has well over 100 reported cases in the public law field (see the Cases link for full citations). Some of Tim’s more notable work (with links to more detailed information on his work in his various sub-specialisms) includes:

  • Acting for Baker Tilly LLP in a judicial review of the Financial Reporting Council’s approach to disciplinary proceedings for “misconduct” by auditors in the Admin Court and Court of Appeal (R (Baker Tilly v FRC [2017] EWCA Civ 1284). Tim has undertaken other work in the field of professional regulation including acting for the Legal Ombudsman in relation to solicitor’s misconduct and advisory work for the Law Society and the Family Bar Association, as well as work for the Good Thinking Society concerning professional regulation of osteopaths.
  • Nine appearances in the Supreme Court and House of Lords including Mathieson v SSWP [2015] 1 WLR 3520 (where Tim appeared as sole counsel), the seminal constitutional case of R (Cart) v Upper Tribunal [2012] 1 AC 663, and the challenge to the Benefit Cap in (SG and ors [2015] 2 WLR 1449). Tim will appear again in the Supreme Court in summer 2018 in a further challenge to the Revised Benefit Cap.
  • For the largest firm of legal aid solicitors in its ongoing challenge to the Legal Aid Remuneration Regulations on the basis that they create an unlawful barrier to access to justice by preventing payment for legal services in judicial review claims which settle after permission is refused on paper but before final hearing and that the government has failed to property implement the Div Court judgment in Ben Hoare Bell
  • Acting for the Education and Skills Funding Agency successfully defending a judicial review challenging a decision to terminate a apprenticeship levy funding partnership brought by a commercial operator.
  • Acting for Amey Hallam Highways Ltd and Amey Ltd in relation to a challenge to the Private Finance Initiative contact with Sheffield Council by protestors against tree felling in Sheffield (Dillner [2016] Env LR 31). Tim has subsequently acted for Amey on issues arising from unlawful action by protestors.
  • Many notable public law cases in the planning field, including 17 cases in the Planning Court since 2015. Highlights include Parkhurst Road (affordable housing, viability), Waterstone (retail planning policy, Wales, CA pending), Lichfield (planning permission for 750 new homes), Holohan (CJEU, environmental statements) and Goodman Logistics (Strategic Rail Freight Interchange in Slough). Highlights of public law work in the environmental field include defending judicial reviews against the environmental agency concerning increased charges for closed landfill, permitting for fracking by Cuadrilla, and the CRC energy efficiency scheme, acting for central government on a threat of judicial review concerning Hinkley Point C power station,
  • Notable civil liberties cases include R (Gudanaviciene, Reis and ors) v Director of Legal Aid Casework [2014] EWCA Civ 1622, [2015] 1 WLR 2247 (exceptional legal aid funding, EU Charter of Fundamental Rights), acting as sole counsel for a claimant in SIAC, Faulkner and Sturnham (Supreme Court, parole, Article 5(4) ECHR) and Zagorski [2011] HRLR 6 (export of drugs to US, death row, EU Charter). This work overlaps with Tim’s work in immigration including important cases on immigration detention (Das, BA and Francis), deportation (NEA Nigeria, S v SSHD) and freedom of movement (NA Pakistan) and social security (including Burnip, Stevenson and Hardy).
  • Many public law cases in the fields of local government (including Forest Heath (boundary change, CA) and Nicolson v Grant Thornton (local government audit)), community care (including SO v Barking on duties to former relevant children and KM v Cambridgeshire in the Supreme Court) and health and NHS (including Flatley on NHS reorganisation, a number of cases concerning approval of new drugs by NICE, for the Good Thinking Society in relation to blacklisting homeopathic medicines and advisory work for the Secretary of State for Health).
  • Many notable public law cases in the field of EU law including Tolley (Supreme Court and CJEU), Gusa and Holohan (CJEU, sole counsel), R (RICS) v HMT (implementation of the 4th Money Laundering Directive).
  • Successfully defending a number of judicial review claims concerning whether public body land sales were compliant with procurement and State Aid rules due to failure to obtain “best value” (Jansons West v MOD, Keep Louth Special v East Lindsey DC), and whether changes to energy pricing breached State Aid rules (Glenavon v DECC).
  • Reported cases on Administrative Court practice and procedure including the seminal cases of Bahta and AL (Albania) on costs on settled judicial review cases. Tim is a contributor to a chapter of JR procedure in Supperstone, Goudie and Walker (6th Ed) and edits the section on judicial review in the Environmental Law encyclopaedia, and has authored a number of consultation responses for ALBA and ILPA on procedural changes to Admin Court procedure.
  • Significant advisory work for most central government departments on issues including funding for nuclear power, establishment of ex gratia compensation schemes, funding for the community care sector, drafting of legislation, the listing of Hyde Park Barracks, and exit payments for civil servants. Tim’s non-departmental clients include the Parole Board, the Judicial Appointments Commission, the Boundary Commission for England, the Marine Fisheries Agency, the Intellectual Property Office, a number of Ombudsmen, the Environment Agency, the Land Registry and the Enemy Property Compensation Panel.
  • Significant experience in the field of information law including 3 appearances before the Information Tribunal since 2015.

Planning

Tim Buley has a wide-ranging planning practice, with unrivalled experience at the junior bar in appearing in the Planning Court (17 full hearings in the last 3 years alone) and also appears at inquiries, hearings and other tribunals. Tim is widely recognised for his planning expertise in both Directories.

Tim’s notable recent and current work includes:

  • Parkhurst Road v SSCLG [2018] EWHC 991 (Admin), where Holgate J upheld the Secretary of State’s approach to the calculation of Benchmark Land Value and reaffirmed the principle that BLV should should be calculated so as to reflect the requirements of national and local policy to avoid circularity
  • Dillner [2016] Env LR 31, on the need for environmental impact assessment of the PFI agreement between the developer and Sheffield Council in relation to its impact on street trees. Tim was successful in defeating the claim and discharging the injunction
  • Holohan, CJEU, judgment pending, preliminary reference from Norther Ireland on extent of obligation to address “main alternatives studied” by a developer in an Environmental Statement.
  • Waterstone Estates [2017] EWHC 2922 (Admin), where Tim acted for the successful Welsh Government in its interpretation of Welsh national retail policy in Planning Policy Wales. Court of Appeal June 2018.
  • Giordiano, pending in the Admin Court, for the developer, concerning calculation of Community Infrastructure Levy (CIL).
  • Goodman Logistics [2017] JPL 1115, successfully defending refusal of planning permission for a Strategic Rail Freight Interchange in Slough
  • Acting for a developer resisting a challenge to planning permission for residential development in Croydon (Toogood v Croydon and Brick by Brick, pending)
  • Many cases relating to the calculation of 5 Year Housing Land Supply including Lichfield (permission for a 750 dwelling development), Gladman, Thornhill Estates, Cawrey Ltd and Cullen.
  • A number of significant cases concerning the interpretation of the National Planning Policy Framework including CEG Land (pending, “valued landscapes”), and Telford and Wrekin, 2016 (“restrictive” policies, presumption in favour of sustainable development, BMV land).
  • For a local resident’s group successfully judicially reviewing the grant of planning permission for residential development (Friends of Evenlode v West Oxfordshire DC).
  • Putney Bridge v SSCLG [2017] 3330 (Admin), CA pending autumn 2018, revocation of deemed advertising consents
  • O’Brien [2016] JPL 565, local authority powers to refuse to determine repeat planning applications under section 70C TCPA 1990.
  • For Camden Council in relation to major residential development in Swiss Cottage
  • A number of cases concerning the scope of permissions and “prior approvals” granted under the General Permitted Development Order (Pressland v Hammersmith and Fulham LBC, Orange PCS Ltd v Islington)

Tim’s planning work complemented by his wider public and regulatory law experience (including matters such as public procurement for development projects, State Aid and public body land disposal), local government, environmental (including disposal), local government, environmental (including and EU law. It takes in environmental law matters such as habitats, environmental assessments, the impact of the Aarhus Convention, and costs) and EU law.

Specifically in relation to highways, rights of way and village greens, Tim has appeared in many of the notable recent cases:

  • R (Lancashire v SSEFRA) [2018] EWCA Civ 721, on whether the registration of a village green was incompatible with the statutory purposes for which that land is held by a local education authority.
  • R (Network Rail) v SSEFRA [2017] PTSR 1662, on diversion of a right of way to enable development precluded by a Grampian condition
  • Slough / Blandford Road North, common law dedication of right of way, public inquiry, High Court pending.
  • R (Ramblers) v SSEFRA [2017] EWHC 729, incompatibility of dedication of right of way of railway where incompatible with duty to maintain safe and efficient rail network
  • R (Newhaven Port and Properties Ltd) v DEFRA [2014] QB 282, whether creation of a village green incompatible with landowner’s property rights under Article 1 of the First Protocol to the ECHR

Environmental Law

Tim Buley has a wide-ranging environmental practice which includes both pure environmental law matters and environmental issues arising in planning. He has a particular interest and experience of the Aarhus Convention, environmental permitting across a range of industries, energy policy and waste. Tim is recognised as a “specialist” in environmental law in the main legal directories.

Notable recent work includes:

  • For the Environment Agency in a challenge to the compatibility of its charges for environmental permits with the EU Landfill Directive brought by a conglomeration of landfill operators (ongoing)
  • Dillner [2016] Env LR 31, on the need for environmental impact assessment of the PFI agreement between the developer and Sheffield Council in relation to its impact on street trees. Tim was successful in defeating the claim and discharging the injunction
  • Holohan, CJEU, judgment pending, preliminary reference from Norther Ireland on extent of obligation to address “main alternatives studied” by a developer in an Environmental Statement.
  • Geo Holdings, the first case in the Environmental Chamber of the First-tier Tribunal concerning the interpretation of Climate Change Agreements and variation of the CCA carbon reduction target on the basis of change of circumstances since the agreement was made.
  • Goodman Logistics [2017] EWHC 729 (Admin), successfully defending refusal of planning permission for a Strategic Rail Freight Interchange in Slough
  • For BEIS in a challenge by an environmental charity concerning compliance with the Aarhus Directive in relation to government subsidy, and the setting of the “strike price” price, for energy at Hinkley Point C power station. Advisory work on compliance with requirement for justification for nuclear practices under the Euratom Treaty and wider compliance with Aarhus in relation to funding for nuclear power.
  • Advice to DEFRA, the EA, the Welsh Government and Natural Resources Wales on implementation on the Water Framework Directive in UK law and on modifications to the Main River Map.
  • For the Environment Agency in a claim by Friends of the Earth concerning compliance with the Mining Waste Directive in varying the environmental permit for fracking at Cuadrilla’s Preston New Road site
  • A number of judicial review claims concerning the Common Agricultural Policy and EU Fisheries Policy
  • Acting in a number of claims for judicial review concerning water abstraction licensing. Tim has also advised the Environment Agency on a number of policy and legal issues concerning water abstraction.
  • Successfully representing a commercial operator in a challenge to its Private Finance Initiative agreement for the maintenance of highways in Sheffield on the basis of alleged failure to carry out an environmental assessment under the EIA Directive (R (Dillner) v Sheffield CC and Amey [2016] Env LR 31)
  • Acting for the Environment Agency in relation to a threat of judicial review concerning the CRC Energy Efficiency Scheme.
  • R (Ofgoba) v SS for Energy and Climate Change [2014] EWHC 2665 (Admin), Energy Services Directive.
  • R (Glenavon Growers Ltd) v SS for Energy and Climate Change, tariffs for energy from biomass burner.
  • A number of judicial review claims concerning the Common Agricultural Policy and EU Fisheries Policy
  • Pro bono advice to an environmental group on a potential challenge to the government’s published policy on fracking

European Union Law

Tim Buley has a broad EU law practice which arises from his work in public, regulatory and planning and environmental law. He has appeared frequently, led and unled, in the Court of Justice of the European Communities (CJEU), and in notable EU law cases in the Supreme Court, Court of Appeal, Administrative Court and a wide variety of specialist tribunals. He also has a busy advisory EU law practice. Chambers UK 2018 says that Tim is “at the cutting edge of EU rights” and “very good on EU law”, whilst the Legal 500 2017 notes that he is “very strong on free movement issues”. Chambers 100 UK Bar referred to Tim as a “specialist in… EU law… able to grasp immediately the fundamentals of complex issues”.

Tim’s notable past and current work in EU law includes:

  • Representing the UK government in a preliminary reference in the CJEU from Northern Ireland concerning the duty to consider “main alternatives” in an environmental statement (Holohan v An Bord Pleanala (Case C-461/17)
  • Successfully representing a commercial operator in a challenge to its Private Finance Initiative agreement for the maintenance of highways in Sheffield on the basis of alleged failure to carry out an environmental assessment under the EIA Directive (R (Dillner) v Sheffield CC and Amey [2016] Env LR 31)
  • Acting for the Her Majesty’s Treasury and HMRC in a challenge to the regulations implementing the Fourth Money Laundering Directive, R (Royal Institute of Chartered Surveyors) v HMT and HMRC (ongoing)
  • For the Environment Agency in a challenge to the compatibility of its charges for environmental permits with the EU Landfill Directive brought by a conglomeration of landfill operators (ongoing)
  • Advising a range of commercial and public body clients in relation to compliance with procurement rules
  • Successfully acting for the individual claimant in the Supreme Court and CJEU in a case concerning exportability of DLA benefit payments after moving to Spain (SSWP v Tolley [2015] UKSC 55, SSWP v Tolley (Case C-430/15), [2017] 1 WLR 1261). Many other EU law cases in the social security field including Ruas (for the claimant) and Burley (for the SSWP) in the Court of Appeal
  • For the Environment Agency in a claim by Friends of the Earth concerning compliance with the Mining Waste Directive in varying the environmental permit for fracking at Cuadrilla’s Preston New Road site
  • For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)
  • For the UK Government in the CJEU in relation to retention of rights of residence for the self-employed when becoming unemployed (Gusa v Minister for Social Protection (Case C-442/16), [2018] 2 CMLR 23)
  • For a successful individual claimant in a test case in the Court of Appeal on the grant of legal aid exceptional case funding for a deportation appeal so as to comply with the EU Charter on Fundamental Rights (R (Gudanaviciene, Reis and ors) v Director of Legal Aid Casework [20`14] EWCA Civ 1622, [2015] 1 WLR 2247)
  • Acting for many individuals in immigration appeals relating to Free Movement law including Dolat-Shahi (acquisition of permanent residence, deportation, SSHD appeal pending in the Court of Appeal) and Sidey (principle of equal treatment under EU law, domestic violence)
  • For BEIS in a challenge by an environmental charity concerning compliance with the Aarhus Directive in relation to government subsidy, and the setting of the “strike price” price, for energy at Hinkley Point C power station. Advisory work on compliance with requirement for justification for nuclear practices under the Euratom Treaty and wider compliance with Aarhus in relation to funding for nuclear power.
  • Successfully acting for an individual on death row to prevent the export of anaesthetic drugs to be used for execution in the United States on the basis that it breached the EU Charter on Fundamental Rights (R (Zagorski) v SSBIS [2011] HRLR 6)
  • A number of judicial review claims concerning the Common Agricultural Policy and EU Fisheries Policy
  • Successfully defending a number of judicial review claims concerning whether public body land sales were compliant with procurement and State Aid rules due to failure to obtain “best value” (Jansons West v MOD, Keep Louth Special v East Lindsey DC), and whether changes to energy pricing breached State Aid rules (Glenavon v DECC)
  • A number of cases concerning the Data Protection Directive and the GPDR
  • Advice to DEFRA, the EA, the Welsh Government and Natural Resources Wales on implementation of the Water Framework Directive in UK law.
  • Advising various private and governmental clients on issues arising from Brexit.

Human Rights and Civil Liberties

Tim Buley has unrivalled experience of undertaking human rights and civil liberties cases in the Administrative Court, and on appeal, as well as in a wide range of specialist tribunals. The Legal 500 2016 described Tim as “probably the leading junior at the Administrative Law Bar” and he is the only junior recognised in Band 1 in the both of the current editions of Chambers UK and the Legal 500, where comments include “masterful representation of claimants and defendants in high profile judicial review challenges”, “a leading junior in the human rights and civil liberties field”, “standout junior”, and “one of the most accomplished junior counsel at the Bar”. Tim has also been appointed by the Attorney-General as a Special Advocate, who can be instructed to represent claimants and companies in closed material proceedings.

Tim’s experience takes in the European Convention on Human Rights, the EU Charter of Fundamental Rights, the Equality Act 2010, domestic public law and constitutional law as it pertains to fundamental rights and the applicability of international human rights instruments in domestic law.

Tim’s notable human rights and civil liberties work exemplifying this breadth of experience includes:

  • For the claimants, instructed by the Child Poverty Action Group, in the Supreme Court in their challenge to the Revised Benefit Cap on the basis that it discriminates against women and lone parents and their children, contrary to Article 14 ECHR (summer 2018) and the UN Convention on the Rights of the Child. Tim previously acted pro bono for CPAG when it intervened in the challenge to the original Benefit Cap in the Admin Court, Court of Appeal and Supreme Court (SG and ors [2015] 2 WLR 1449)
  • For one of the successful claimants in the lead case on the grant of legal aid exceptional case funding to comply with the EU Charter on Fundamental Rights (R (Gudanaviciene, Reis and ors) v Director of Legal Aid Casework [2014] EWCA Civ 1622, [2015] 1 WLR 2247)
  • For Duncan Lewis in its ongoing challenge to the Legal Aid Remuneration Regulations on the basis that they create an unlawful barrier to access to justice by preventing payment for legal services in judicial review claims which settle after permission is refused on paper but before final hearing and that the government has failed to property implement the Div Court judgment in Ben Hoare Bell
  • For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)
  • Acting for claimants in a number of significant cases concerning Article 14 ECHR in the social security field, notably including Burnip (the first case to require positive discrimination in favour of disabled people in the social security field), Hardy (imposing a duty on local authorities to make good shortfalls in housing benefit from the bedroom tax by paying Discretionary Housing Payments) and Stevenson (Support for Mortgage Interest, disability, Supreme Court pending), FM (Past Presence Test, CA pending), and many others.
  • Many successful claims for unlawful detention on behalf of individuals including BA v SSHD (one of the first cases in which the detention of a mentally ill person was found to breach Article 3 ECHR), FH (Iran), and MD (Angola) (detention of persons with HIV). Tim has often acted pro bono on behalf of NGOs intervening in unlawful detention cases including Das (detention of mentally ill, for Medical Justice) and Francis (for Bail for Immigration Detainees) in the Court of Appeal. The Legal 500 2017 says that Tim is “especially knowledgeable in cases concerning the detention of the mentally ill” and his expertise in detention has been frequently noted in earlier editions of both the directories.
  • Sole counsel for the Secretary of State in the Supreme Court in Mathieson v SSWP [2015] 1 WLR 3520, on Article 14 ECHR and the applicability of the UNCRC in domestic law.
  • Successfully acting for an individual on death row in the US to prevent the export of drugs to be used for execution in the on the basis that it breached the EU Charter on Fundamental Rights (R (Zagorski) v SSBIS [2011] HRLR 6).
  • Acting for Public Law Project (PLP) and for an individual appellant in the cases which established the current approach to payment of costs in favour of claimants where cases settle after lodging of the claim, Bahta and AL (Albania), overturning Boxall. These cases were critical to ensure the viability of legal aid firms and are widely recognised for thereby promoting access to justice in public law.
  • Acting for many individuals in immigration appeals and judicial reviews relating to human rights, asylum, trafficking and free movement law including Dolat-Shahi (acquisition of permanent residence, deportation, SSHD appeal pending in the Court of Appeal) Sidey (principle of equal treatment under EU law, domestic violence), NEA Nigeria and S v SSHD (Article 8, deportation, Court of Appeal). Tim undertakes significant pro bono work in the immigration field.
  • Many significant cases concerning Article 1 of the First Protocol to the ECHR including R (Newhaven Port and Properties) v SSEFRA [2014] QB 282 (CA), successfully arguing that registration of a village green does not breach the landowner’s right to property under A1P1, and Turner v Chief Land Registrar [2013] 2 P & CR 12 (A1P1 and Article 8).
  • For PLP in R (Cart) v Upper Tribunal [2012] 1 AC 663, intervening in the Divisional Court, Court of Appeal and Supreme Court, on the major constitutional issue of the amenability of the Upper Tribunal to judicial review.
  • For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)
  • Many significant cases involving prison law and parole, for and against government bodies, including Youngsam (application of Article 5(4) to determinate sentence prisoners, CA pending), Sturnham and Faulkner (Supreme Court, test for release and damages for breach of the ECHR), Cain (for claimant, Cat A security categorisation), Pennington (Article 5(4) ECHR), and King (CA test for release of determinate sentence prisoners).
  • Extensive experience of human rights arguments in the context of planning and environmental law and regulatory and commercial public law.
  • Sole counsel in the Special Immigration Appeals Commission in a case concerning a refusal of naturalisation where reasons were withheld on public interest immunity grounds.

Local Government

Tim Buley practices across the full range of local government work, acting for and against local authorities. Tim is recognised in the both directories as a leading junior in the local government field. Tim also regularly acts for the Secretary of State for Housing, Communities and Local Government in a wide range of litigation and advisory matters. The Legal 500 ranks Tim in Band 1 in the category of Administrative and Public Law (including Local Government), and he is also ranked as a leading junior for Local Government in Chambers UK 2018.

Much of Tim’s work in the local government field overlaps with his work in public and regulatory law, planning and environment, and community care. However, Tim also has expertise in a range of issues specific to local authorities, such as local government reorganisation, governance and local government propriety, local government audit, Council Tax and rating, devolution issues especially in Wales,

Tim’s notable past and current work in the local government field includes:

  • Nicolson v Grant Thornton LLP and Haringey LBC [2016] 2 Costs LR 211, concerning local government audit and Council Tax recovery, where Tim acted successfully for Haringey LBC.
  • R (KM) v Cambridgeshire CC [2012] UKSC 23, [2012] 3 All ER 1218, Supreme Court, concerning whether local authorities are entitled to have regard to limits on their resources in deciding what level of community care needs to meet. Tim has acted in many other significant community care cases for against against local authorities. His experience includes ordinary residence disputes (Greenwich v SSH, Barking and Dagenham v SSH, care packages (Savva), duties to former relevant children (SO v Barking (No 1)), age disputes (SO v Barking (No 2), and other matters.
  • Successfully representing a commercial operator in a challenge to its Private Finance Initiative agreement for the maintenance of highways in Sheffield on the basis of alleged failure to carry out an environmental assessment under the EIA Directive (R (Dillner) v Sheffield CC and Amey [2016] Env LR 31)
  • A number of significant cases about local government reorganisation in the High Court and Court of Appeal including Forest Heath v SSCLG [2010] PTSR 1205 and Devon and Cornwall v SSCLG [2011] BLGR 64.
  • R (Woolcock) v SSCLG and ors [2018] EWHC 17 (Admin), [2018] 4 WLR 49, on whether there was “systemic unfairness” in the way in which local authorities enforce Council Tax liability by seeking committal orders against debtors in the Magistrates Court
  • A number of cases, and further advisory work, concerning local authority land disposals including the duty to obtain best best, State Aid, procurement issues around land disposals, and related issues (Jansons West v MOD, Keep Louth Special v East Lindsey DC).
  • Many notable planning cases, some of which specifically concern the powers and duties of local planning authorities (see the planning page). Some of Tim’s planning work overlaps with issues of local government propriety and powers: e.g. currently acting for a local authority owned company defending a judicial review brought on bias grounds of a planning permission.
  • Extensive experience of rights of way and village green issues (see the planning page) including R (Lancashire v SSEFRA) [2018] EWCA Civ 721, R (Network Rail) v SSEFRA [2017] PTSR 1662, R (Ramblers) v SSEFRA [2017] EWHC 729 and R (Newhaven Port and Properties Ltd) v DEFRA [2014] QB 282
  • Experience of the work of the Ombudsman including a challenge to a decision of the Local Government Ombudsman (R (Adams) v Commission for Local Administration [2012] PTSR 1172, acting for the Legal Ombudsman in defending a number of claims for judicial review concerning solicitor’s misconduct and defending decisions of the Pensions Ombudsman (e.g. Langford v MOD [2015] EWHC 875 (Ch).
  • Significant advisory work for local authorities including on governance, local government mergers (West Somerset and Taunton), shared services arrangements (advice to Weymouth and Portland BC), local authority mergers (West Somerset and Taunton Deane councils), powers to develop land for commercial purposes, propriety and other matters.
  • Successfully representing a commercial operator in a challenge to its Private Finance Initiative agreement for the maintenance of highways in Sheffield on the basis of alleged failure to carry out an environmental assessment under the EIA Directive (R (Dillner) v Sheffield CC and Amey [2016] Env LR 31)
  • Tim has experience of Freedom of Information, Data Protection and related issues with a number of appearances in the Information Tribunal.

Immigration

Tim Buley specialised in acting for claimants in immigration from the very start of his practice, and has been ranked as a a leading junior for many years in both legal directories. He is currently top ranked in Chambers UK 2018 (Band 1, “I don’t think there is a better junior at the Bar, he is an outstanding lawyer”) and Legal 500 2017 (“draws on his public law knowledge … to deploy just the right principle or analogy to advance his clients’ case”). Directory comments reflects his overlapping expertise in the fields of public law, civil liberties, EU law and community care, which he draws on to benefit clients in the immigration field: “especially knowledgeable in cases concerning the detention of the mentally ill”, “very good at running novel arguments and is at the cutting edge of EU rights”, “strong expertise on free movement issues”, “masterful representation … in high profile judicial review challenges”, “probably the leading junior at the Administrative Law Bar”). He is particularly experienced on issues of detention, asylum and human rights, and business immigration.

Tim is known for his public law and appellate work in the immigration field but also has significant experience of the tribunal system and is pleased to undertake cases for individuals (on legal aid and, where appropriate, on reduced fees or pro bono) in all kinds of court and tribunals. He often acts as sole and leading counsel in the Court of Appeal but is also works as part of a larger team in cases raising major policy or legal issues. Tim has recently written a blog on the Windrush scandal relating to the underuse of precedent fact judicial review as a remedy against public bodies who refuse to recognise the legal status of affected persons and also has an interest in the implications for Brexit for EU nationals.

Tim’s notable immigration work (see the Cases link for full citations) includes:

  • For one of the successful claimants in the lead case on the grant of legal aid exceptional case funding for deportation appeals to comply with the EU Charter on Fundamental Rights (R (Gudanaviciene, Reis and ors) v Director of Legal Aid Casework [2014] EWCA Civ 1622, [2015] 1 WLR 2247)
  • Many successful claims for unlawful detention on behalf of individuals including BA v SSHD (one of the first cases in which the detention of a mentally ill person was found to breach Article 3 ECHR), FH (Iran), and MD (Angola) (detention of persons with HIV). Tim has often acted pro bono on behalf of NGOs intervening in unlawful detention cases including Das (detention of mentally ill, for Medical Justice) and Francis (for Bail for Immigration Detainees) in the Court of Appeal. Tim’s expertise on Admin Court procedure makes him particularly well placed to advise on issues concerning interim relief and urgent cases.
  • Lead counsel in the Court of Appeal in a number of reported cases concerning deportation: NEA (Nigeria) [2017] Imm AR 1077, S v SSHD [2018] Imm AR 169.
  • For Duncan Lewis in its ongoing challenge to the Legal Aid Remuneration Regulations on the basis that they create an unlawful barrier to access to justice by preventing payment for legal services in judicial review claims which settle after permission is refused on paper but before final hearing and that the government has failed to property implement the Div Court judgment in Ben Hoare Bell
  • Current cases include judicial reviews for a company challenging a decision to revoke its Tier 2 Sponsors license, for an individual challenging a conclusive decision on whether she was a victim of trafficking, a number of detention claims.
  • For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)
  • Acting for Public Law Project and for an individual appellant in the (immigration) cases which established the current approach to payment of costs in favour of claimants where cases settle after lodging of the claim, Bahta and AL (Albania), overturning Boxall. These cases were critical to ensure the viability of legal aid firms and are widely recognised for thereby promoting access to justice in public law and immigration.
  • Acting for many individuals in immigration appeals and judicial reviews relating to human rights, asylum, trafficking and free movement law including Dolat-Shahi (acquisition of permanent residence, deportation, SSHD appeal pending in the Court of Appeal) Sidey (principle of equal treatment under EU law, domestic violence), NEA Nigeria and S v SSHD (Article 8, deportation, Court of Appeal). Tim undertakes significant pro bono work in the immigration field.
  • For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)
  • Many significant cases involving prison law and parole, for and against government bodies, including Youngsam (application of Article 5(4) to determinate sentence prisoners, CA pending), Sturnham and Faulkner (Supreme Court, test for release and damages for breach of the ECHR), Cain (for claimant, Cat A security categorisation), Pennington (Article 5(4) ECHR), and King (CA test for release of determinate sentence prisoners).
  • For PLP in R (Cart) v Upper Tribunal [2012] 1 AC 663, intervening in the Divisional Court, Court of Appeal and Supreme Court, on the major constitutional issue of the amenability of the Upper Tribunal to judicial review. Tim has brought a number of successful “Cart JRs” in cases where he subsequently went on to win his client’s cases in the later appeals.
  • Innumerable successful claims for judicial review (almost all conceded) on behalf of claimants in the immigration field
  • Sole counsel in the Special Immigration Appeals Commission in a case concerning a refusal of naturalisation where reasons were withheld on public interest immunity grounds.
  • Tim has acted for claimants in many cases concerning the overlap between community care and immigration, including e.g. R (SO) v Barking and Dagenham LBC [2011] 1 WLR 1283 (test case which established the duty of local authorities to provide support to “former resident child” asylum seekers and failed asylum seekers) and R (Z) v Hillingdon LBC (2010) 13 CCL Rep 157 (CA, duty to blind asylum seeker).

Tim gives regular training on immigration issues including a regular training session for ILPA concerning the detention of vulnerable adults. Tim has undertaken advisory work for major immigration charities including JCWI, BID, Medical Justice, and others.

Social Security

Tim Buley is a specialist in social security law, with extensive experience of social security litigation in the First-Tier Tribunal, Upper Tribunal, Administrative Court, Court of Appeal and Supreme Court. He undertakes legal aid work for individuals and is committed to pro bono work in this field for individuals and NGOs (notably Child Poverty Action Group, the AIRE Centre, Z2K). On the other hand Tim also regularly acts for the Secretary of State for Work and Pensions in this field, both on major cases and in advisory work on policy and the formulation of legislation. Tim’s breadth of experience enables to see cases from a number of different perspectives to the benefit of all of his clients, as does his wider experience of public, human rights and EU law. Tim has particular experience of issues of EU law, equality and human rights law (especially Article 14 ECHR) as they pertain to social security, being ranked as a leading junior in these areas in the Directories.

Tim has appeared in a significant proportion of the most notable cases in the social security field in the last decade, including:

  • For the claimants, instructed by the Child Poverty Action Group, in the Supreme Court in their challenge to the Revised Benefit Cap on the basis that it discriminates against women and lone parents and their children, contrary to Article 14 ECHR (summer 2018). Tim previously acted pro bono for CPAG when it intervened in the challenge to the original Benefit Cap in the Admin Court, Court of Appeal and Supreme Court (SG and ors [2015] 2 WLR 1449)
  • Mathieson v SSWP [2015] 1 WLR 3520, where the court found a breach of Article 14 by reason of failure to pay DLA to children in hospital. Tim also acted for the Secretary of State in the follow on cases of MH [2017] UKUT 380 (AAC) and ML [2016] UKUT 323 (AAC), where the UT held that it was lawful to withhold DLA from adult claimants in hospital and care homes.
  • For the claimant in the seminal case of Burnip v Birmingham CC [2013] PTSR 117, where the Court of Appeal held that there was a breach of Article 14 ECHR because the housing benefit scheme failed to make adequate provision for disabled claimants who required an additional room for a carer, applying the Thlimmenos approach to require positive discrimination for the disabled for the first time in UK law.
  • Many notable cases concerning social security coordination issues between EU member states under EU Reg 883/2004 and its predecessor Reg 1408/71: Tolley [2017 1 WLR 1261 (CJEU) and [2016] 1 CMLR 23 (Supreme Court), Ruas [2010] PTSR 1757, and Burley [2009] 1 WLR 241.
  • TW v SSWP [2017] UKUT 25 (AAC), CA appeal pending, for the Secretary of State, successfully arguing that the transitional scheme for the migration of DLA claimants to PIP did not breach Article 14 ECHR.
  • R (Hardy) v Sandwell MBC [2015] 1292, for Mr Hardy, test case holding that failure of local authority to pay Discretionary Housing Payments to disabled person subject to the bedroom tax breaches Article 14 ECHR and the Equality Act 2010
  • Acting for claimants in two ongoing challenges concerning Article 14 ECHR: Stevenson [2017] EWCA Civ 2123, SC pending, on the cap on Support for Mortgage Interest, and FM v SSWP [2018] PTSR 1036, CA appeal pending, on whether application of Past Presence Test to children claiming DLA breaches the Public Sector Equality Duty and Article 14.
  • Many notable cases in the Social Security Commissioners, Upper Tribunal and Court of Appeal, for and against the Secretary of State, on social security law, including: Deane [[2011] PTSR 289, Slavin [2012] PTSR 692, Local [2008] UKSSCSC CHR 3855 (Tribunal of Comms), JA-K [2018] 1 WLR 2657, and many others.
  • For the claimants in R (MM and DM) v SSWP [2014] 1 WLR 1716, systemic challenge to the treatment of ESA claimants with mental health problems for failure to make reasonable adjustments as required by the Equality Act 2010.
  • Tim also has significant experience of free movement issues in the immigration context and as they affect social security: e.g. For the AIRE Centre, intervening in the Court of Appeal and CJEU, concerning the accrual of rights of residence under EU law by third country nationals following domestic violence (SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12)
  • Significant expertise in Child Support, with a number of leading cases in the Court of Appeal and many UT cases: Brough v Law [2012] 1 WLR 1021, Gray [2013] PTSR 520, Hakki [2014] 1 FLR 547, and French [2018] 2 FCR 49.
  • For PLP in R (Cart) v Upper Tribunal [2012] 1 AC 663, intervening in the Divisional Court, Court of Appeal and Supreme Court, on the major constitutional issue of the amenability of the Upper Tribunal to judicial review (Cart itself was a child support case). Tim also appeared in the related case of R (Wiles) v Social Sec Commissioner [2010] EWCA Civ 258, where the Court of Appeal first mooted a “second appeals” approach to judicial review of the Upper Tribunal.

Community care, health and the NHS and mental health

Tim Buley is ranked in Band 1 for Community Care in Chambers UK 2018 (“standout junior who specialises in social welfare”), and more generally recognised for his work in the NHS and healthcare field across both of the main legal directories. Tim is equally experienced in this field acting for individuals, commercial bodies, NHS bodies, central government including extensive work for the Secretary of State for Health, and for local government.

Tim’s notable past and current work in in the healthcare and community care fields include:

  • R (Flatley) v Welsh Government and Hywel Dda University Health Board (2014) 140 BMLR 1, for the Welsh Government in relation to a challenge to its proposals for NHS service reconfiguration in South Wales.
  • R (KM) v Cambridgeshire CC [2012] UKSC 23, [2012] 3 All ER 1218, Supreme Court, whether local authorities are entitled to have regard to limits on their resources in deciding what level of community care needs to meet.
  • Acting for the Good Thinking Society in a proposed challenge (conceded by the government) to the NHS’s failure to “blacklist” homeopathic medicines to prevent them from being prescribed for free on the NHS despite the absence of evidence to demonstrate efficacy
  • For the claimant in R (SO) v Barking and Dagenham LBC [2011] 1 WLR 1283, test case which established the duty of local authorities to provide support to “former resident child” asylum seekers and failed asylum seekers.
  • Acting for claimants in many other cases concerning the duties of local authorities to persons without leave to remain, including R (Z) v Hillingdon LBC (2010) 13 CCL Rep 157 (CA, duty to blind asylum seeker).
  • Acting for the Secretary of State for Health on a number of important cases concerning the determination of ordinary residence for the purposes of deciding which local authority or NHS body is required to provide services under the National Assistance Act 1948, the Care Act 2014 or the Mental Health Act 1983: R (Barking and Dagenham LBC) v SSH (2017) 20 CCL Rep 505, R (Greenwich LBC) v SSH (2007) 20 CCL Rep 505, R (Kent CC) v SSH [2015] 1 WLR 1221. Tim is closely involved in advising the Secretary of State on ordinary residence issues and has also determined a number of OR disputes on his behalf.
  • R (Savva) v Kensington and Chelsea LBC [2011] PTSR 761 (personal budgets, NHS continuing care, community care)
  • XYZ v Portsmouth Hospital NHS Trust (2011) 121 BMLR 13, intervening on the question of whether the Secretary of State for Health should prioritise a kidney transplant for a victim of clinical negligence by the NHS
  • For claimants (with David Lock QC) on a number of cases concerning the availability of drugs for participants in successful drugs trials sponsored by the NHS.
  • A number of cases concerning the payment of disability living allowance to persons receiving NHS or community care services: Mathieson v SSWP [2015] [2015] UKSC 47, 1 WLR 3250, MH v SSWP (PIP) (Human Rights law – article 14) [2017] UKUT 424 (AAC), ML v SSWP [2016] UKUT 0323 (AAC), SSWP v Slavin [2012] PTSR 692.
  • Extensive advisory practice for the Secretary of State for Health, NHS bodies, local authorities and others.

Qualifications

Tim was a scholar of Lincoln College, Oxford, where he read Philosophy, Politics and Economics.

He studied law at City University, London, and subsequently undertook an LL.M in Public Law at King’s College, London, achieving distinctions in public law and jurisprudence.

He is joint editor, with Richard Drabble QC and James Maurici, of Local Authorities and Human Rights (OUP, 2004) and a contributor to Supperstone, Goudie and Walker: Judicial Review (3rd Ed, Butterworths, 2005, 4th Ed, 2010, 5th Ed, due 2014). He has contributed articles to the journal “Judicial Review”, including, most recently, “Mandatory Detention” (June 2012), and is co-author of the section on High Court challenges in the loose-leaf “Garner’s Environmental Law” (published 2014).

Tim is a regular speaker on all his areas of practice. He has been a regular speaker at both the London and regional judicial review conferences organised by the Public Law Project (including in the plenary session in 2011). He has been a main speaker at HJT’s annual immigration judicial conference in every year since 2005, and gives regular training for ILPA on judicial review, immigration detention and immigration work in the higher courts. He has been a speaker at ALBA conferences, and has been the main author of a number of ALBA’s responses to various government consultations on reforms to administrative justice. He has also contributed to consultation responses for ILPA, and in September 2012 provided training  on judicial review to members of the Upper Tribunal judiciary. In November 2013 Tim gave oral evidence in Parliament to the Joint Committee on Human Rights as to the implications of the government’s proposals for further changes to legal aid.

Tim is on ALBA’s Executive Committee and is a member of PEBA, ILPA, the HRLA, Liberty, JUSTICE, the Environmental Law Foundation and the Bar Pro Bono Unit. Prior to commencing practice he was a Research Assistant for the Bar Human Rights Committee, and undertook voluntary work for Interrights, FRU, and as an election observer in Eastern Europe.

Recommendations

Chambers UK 2018 (November 2017) describes Tim as a “leading draw” who is “one of the most accomplished junior counsel at the Bar”, and recommends Tim in five areas:

Administrative and Public Law, Band 1: Masterful representation of claimants and defendants in high-profile judicial review challenges to legislation and important public body decisions. His broad practice encompasses commercial, regulatory and human rights claims. Recent cases include challenges to welfare reform, energy policy and professional discipline.

“Very persuasive orally and he has a good grasp of the legal issues. He presents issues in a way which is easy for judges to understand.” “His drafting is really quite exceptional. He is an exceptionally elegant drafter.”

Civil liberties and Human Rights, Band 1: A leading junior in the human rights and civil liberties field who operates at every level of domestic court, with a particular focus on appellate work and judicial reviews. He frequently appears on behalf of central and local government, individuals and pressure groups. His portfolio encompasses diverse matters, covering areas such as planning, environmental, social welfare and immigration.

“Reliable, easy to work with and bright.” “He knows the law back to front.” “Tim is skilled at navigating the complexities of a case.”

Immigration, Band 1: A leading junior, he is highly regarded for his public law knowledge and immigration expertise. He routinely acts for claimants in a diverse range of cases, including deportation and detention matters. He is also regularly instructed to act on behalf of major immigration charities.

“He is very good on running novel arguments and is at the cutting edge of EU rights.” “I don’t think there is a better junior at the Bar, he’s an outstanding lawyer”.

Community Care, Band 1: Standout junior who specialises in social welfare, human rights, immigration and EU law. He is experienced in every level of domestic court and acts for a variety of clients, including government and other public sector bodies, pressure groups and individuals.
“… he can turn his hand to anything, and he’s very good on EU law.”

Local Government, Band 4: Impressive junior with strong experience in public law and public sector matters, particularly cases arising within the context of community care, social housing and planning. Advises a range of clients, including individuals, commercial entities and pressure groups.
“He’s a brilliant drafter – he’s diligent and enthusiastic.” “He’s a good tactician – he’s very attuned to the points that will play well.”

The Legal 500 2017 (September 2017) describes Tim as Landmark’s “standout junior” and recommends him in the first rank of juniors in Administrative and Public Law (“probably the leading junior at the Administrative Law Bar”), in Civil Liberties and Human Rights (“extremely clever and knowledgeable”), and Immigration (“strong expertise on free movement issues”).

Chambers 100 UK Bar (December 2013) identified Tim as one of the top junior barristers in the UK across all practice areas:

A specialist in public law, human rights, EU and planning and environmental law …”Able to immediately grasp the fundamentals of very complex issues and advise clearly on the key points and merits,” he “always looks for the creative angle to litigation and provides an excellent overview of the legal framework.”

Tim has been ranked as a leading junior in both directories since 2010. In past years the Directories have said that Tim is “an absolutely fantastic junior”, “technically outstanding”, highly impressive in court”, “Judges have a lot of respect for him”, “standout junior”, “lawyer’s lawyer”, “excellent”, “outstanding reputation”, “a really serious force to be reckoned with”, “a first class public lawyer”, “has the respect of the court”, “admired by peers and clients alike for his technical ability”, “passionate, probing and won’t take no for an answer”, “can-do attitude” and “as good as it gets in a junior”. He has been identified as a leading planning junior in Planning Magazine, and (in 2009) as one of the Attorney-General’s Pro Bono Heroes for “outstanding commitment to pro bono work.

Cases

Supreme Court

SSWP v Tolley [2015] UKSC 55 (export of social security payments to Spain, EU law, reference to CJEU, led by Richard Drabble QC for Mrs Tolley)

Mathieson v SSWP [2015] [2015] UKSC 47, 1 WLR 3250 (sole counsel for the SSWP, Article 14 ECHR, disability living allowance, hospitalisation)

R (JS) v SSWP [2015] UKSC 16, [2015] 2 WLR 1449 (legality of Benefit Cap, Article 14 ECHR, relevance of international treaties to domestic law, for CPAG led by Richard Drabble QC)

R (Sturnham) v Parole Board [2013] UKSC 47, [2013] 2 AC 254, [2013] 3 WLR 281 (life prisoners, imprisonment for public protection, led by Sam Grodzinski QC)

R (Faulkner and Sturnham) v Parole Board [2013] UKSC 23; [2013] 2 AC 254; [2013] 2 WLR 1157 (Article 5(4) ECHR, damages, led by Sam Grodzinski QC for Parole Board)

R (KM) v Cambridgeshire CC [2012] UKSC 23, [2012] PTSR 1189, [2012] 3 All ER 1218 (community care, local government, relevance of local authority resources, led by Nathalie Lieven QC)

R (Cart and MR) v Upper Tribunal [2011] UKSC 28, [2011] 3 WLR 107, [2011] PTSR 1053, [2011] 4 All ER 127 (constitutional law, judicial review of the Upper Tribunal, led by Michael Fordham QC)

R (Eba) v Upper Tribunal [2011] UKSC 29, [2011] 3 WLR 149, [2011] PTSR 1095 (constitutional law, judicial review of the Upper Tribunal, Scotland, led by Michael Fordham QC)

Court of Justice of the European Communities

Holohan v An Bord Pleanala (Case C-461/17) (for UK, Environmental Assessment, “alternatives”)

Gusa v Minister for Social Protection (Case C-442/16), [2018] 2 CMLR 23 (for UK Government, reference from Republic of Ireland, whether “self-employed” retain rights of residence when “unemployed”)

SSWP v Tolley (Case C-430/15), [2017] 1 WLR 1261 (export of social security benefits, “employed person”)

SSHD v NA (C-115/15) [2017] QB 109, [2016] 3 WLR 1439, [2017] 1 CMLR 12 (domestic violence, free movement, third country nationals, intervening for the AIRE Centre)

Court of Appeal

R (Lancashire CC) v SSEFRA [2018] EWCA Civ 721 (village greens, statutory incompatibility, sole counsel for SSEFRA)

R (RL) v Croydon [2018] EWCA Civ 726 (costs of settled cases, sole counsel for claimant / Public Law Project)

French v SSWP [2018] EWCA Civ 470, [2018] 2 FCR 49 (assessment of gambler’s income for child support, sole counsel for SSWP)

Stevenson v SSWP [2017] EWCA Civ 2123 (Support for Mortgage Interest, Article 14 ECHR, sole counsel for Appellant)

S v SSHD [2017] EWCA Civ 1284, [2018] Imm AR 1284 (deportation, Article 8 ECHR, meaning of “very significant obstacles …” to integration, sole counsel for Appellant)

R (Baker Tilly UK Audit LLP) v Financial Reporting Council [2017] EWCA Civ 206 (professional regulation of auditors, financial services, meaning of “misconduct”, alternative remedy, led by Richard Drabble QC)

NE-A (Nigeria) v SSHD [2017] EWCA Civ 239, [2017] Imm AR 1077 (deportation, foreign criminals, leading counsel for NE-A)

R (Jenkins) v Welsh Ministers [2016] EWCA Civ1422 (public path creation orders, extinguishment, sole counsel for the Welsh Ministers)

R (King) v Parole Board [2016] 1 WLR 1947 (release of determinate sentence prisoners, led by Sam Grodzinski QC for Parole Board)

SSHD v NA (Pakistan) [2015] EWCA Civ 140 (EU Reference to CJEU, Zambrano principle, intervening for the AIRE Centre, led by Richard Drabble QC)

Bishop v Chhokar [2015] EWCA Civ 24, [2015] CP Rep 26 (Advocate to the Court of Appeal (sole counsel), introduction of fresh evidence showing fraud at trial, Taylor v Lawrence jurisdiction of Court of Appeal, inherent jurisdiction of county court to reopen proceedings)

R (Gudanaviciene, Reis and ors) v Director of Legal Aid Casework [20`14] EWCA Civ 1622, [2015] 1 WLR 2247 (Legal aid exceptional funding, EU Charter of Fundamental Rights, access to justice, led by Richard Drabble QC for Reis)

R (SO (Eritrea)) v Barking and Dagenham LBC [2014] EWCA Civ 1486 (Community care / age assessment, fresh evidence on appeal, sole counsel for SO)

CJ (Dominica) v SSHD [2014] EWCA Civ 1355 (deportation, Article 8 ECHR, public interest, sole counsel for CJ)

Edgehill and ors v Director of Legal Aid Casework [2014] EWCA Civ 1241 (protective costs orders, conditional grant of permission to appeal, funding / conditional fees, sole counsel for Mr Reis)

Ahmed (Amos: Zambrano: Reg 15A(3)(c) 2006 EEA Regs) [2014] EWCA Civ 995, [2015] 1 CMLR 9 (Reference to CJEU, Article 15 Citizenship Directive, domestic violence, for AIRE Centre)

R (Francis) v SSHD [2014] EWCA Civ 718, [2015] 1 WLR 567 (immigration detention / false imprisonment, “mandatory detention”, sole counsel for Bail for Immigration Detainees)

Hakki v SSWP [2014] EWCA Civ 530, [2015] 1 FLR 547 (child support, assessment of taxable income, gambling, sole counsel for Secretary of State / Child Support Agency)

R (JS) v SSWP [2014] EWCA Civ 156, [2014] PTSR 619 (Benefit Cap, Article 14 ECHR, led by Richard Drabble QC for CPAG)

AM v SSWP [2014] EWCA Civ 286 (social security, Article 14 ECHR, withdrawal of DLA from children in hospital, sole counsel for SSWP)

R (Das) v SSHD [2014] EWCA Civ 45, [2014] 1 WLR 3538 (immigration detention, mental illness, led by Dinah Rose QC for interveners Mind and Medical Justice)

SSWP v MM and DM [2013] EWCA Civ 1565, [2014] 1 WLR 1716 (Equality Act 2010, reasonable adjustments, availability of judicial review, mental disablement, employment support allowance, led by Nathalie Lieven QC for MM and DM)

Welsh Minister v Davies [2013] EWCA Civ 1792 (planning inspector’s reasons, relevance of personal circumstances, sole counsel for Welsh Ministers)

SSWP v Tolley [2013] EWCA Civ 1471 (EU law, Reg 1408/71, “employed person”, whether to refer to CJEU, exportability of social security benefits, led by Richard Drabble QC for Ms Tolley)

R (Newhaven Port and Properties Ltd) v DEFRA [2013] EWCA Civ 673, [2014] QB 282 (village greens, retrospectivity, right to property, Article 1 First Protocol ECHR, sole counsel for Secretary of State)

Gray v SSWP [2012] EWCA Civ 1412, [2013] PTSR 520 (child maintenance, calculation of earnings, deductions for tax, sole counsel for SSWP)

R (NB (Algeria)) v SSHD [2012] EWCA Civ 1050, [2013] 1 WLR 31 (judicial review in the Upper Tribunal, inherent jurisdiction of the Court of Appeal, sole counsel for claimant)

AL (Albania) v SSHD [2012] EWCA Civ 710, [2012] 1 WLR 2898 (costs in statutory appeals, sole counsel for claimants)

Burnip, Trengove, Gorry v Birmingham CC, SSWP [2013] PTSR 117 (housing benefit, disability discrimination, Article 14 ECHR, more favourable treatment, led by Richard Drabble QC for claimants)

Kizhakkudan v SSHD [2012] EWCA Civ 566, [2012] Imm AR 886 (immigration, Upper Tribunal practice and procedure, human rights, sole counsel for claimant)

SSWP v Slavin [2012] PTSR 692 (social security, sole counsel for SSWP)

R (MD (Angola) and ors v SSHD [2011] EWCA Civ 1238, Times 13 December 2011 (immigration detention, HIV, led by Michael Fordham QC for claimants)

Brough v Law and CMEC [2012] 1 WLR 1021 (child support, termination of maintenance assessment, sole counsel for CMEC)

Stewart v SSWP [2011] UKHRR 1048 (funeral payments, Article 14 ECHR, led by Nathalie Lieven QC for claimant)

R (Bahta) v SSHD [2011] EWCA Civ 895, [2011] CPR Rep 43, [2011] 5 Costs LR 857 (costs in judicial review, led by Nathalie Lieven QC for Public Law Project)

R (Savva) v Kensington and Chelsea LBC [2011] PTSR 761 (community care, personal budgets, sole counsel for Secretary of State for Health, intervening)

SSCLG v Calderdale MBC [2011] 1 P & CR 15 (Planning Inspector’s reasons, sole counsel for SSCLG)

R (SO) v Barking and Dagenham LBC [2011] 1 WLR 1283 (community care, duties to former relevant children, priority between local authorities and NASS, for Claimant, led by Richard Drabble QC)

R (Cart) v Upper Tribunal [2010] 4 All ER 714, [2010] EWCA Civ 859 (above)

SSWP v Deane [2011] 1 WLR 743 (carer’s allowance, precedential value of judgments based on concession, sole counsel for SSWP)

Sandhu v SSWP [2010] EWCA 962 (social security, disability living allowance, sole counsel for SSWP)

HMRC v Ruas [2010] PTSR 1757 (EU law, social security, meaning of “employed person” in EE Reg 1408/71, for claimant led by Richard Drabble QC)

R (Wiles) v Social Security Commissioners [2010] EWCA Civ 258 (judicial review of Commissioner, constitutional law, “second appeals” test, led by Richard Drabble QC for claimant)

Wild v DEFRA [2009] EWCA 1406, [201-] 2 EG 85 (public rights of way, sole counsel for DEFRA)

R (Forest Heath v Boundary Committee / SSCLG [2010] PTSR 1205, [2009] EWCA Civ 1296 (local government reform, consultation, sole counsel for SSCLG)

R (Z) v Hillingdon LBC (2010) 13 CCL Rep 157 (community care, “care and attention”, destitution, sole counsel for Claimant)

Novitskaya v Brent LBC [2010] PTSR 972 (social security, backdating, refugee status, sole counsel for SSWP intervening)

Cocktails Ltd v SSCLG [2009] JPL 953 (planning, use classes, change of use, sole counsel for claimant company)

Chilton-Merryweather (Listing Officer) v Hunt [2009] PTSR 568 (council tax, alteration of list, sole counsel, Advocate to the Court of Appeal)

SSWP v Burley [2009] 1 WLR 241 (retirement pension, EU law, Reg 1408/71, reciprocal international agreements, international law, sole counsel for SSWP)

Odelola v SSHD [2008] 1 WLR 126 (above, retrospectivity in immigration rules)

ND (Guinea) v SSHD [2008] EWCA Civ 458 (immigration, Article 8 ECHR, sole counsel for claimant)

HI ((Uganda) v SSHD [2007] EWCA Civ 1564 (entry clearance, jurisdiction on reconsideration, new points of law, sole counsel for claimant)

JK (Congo) v SSHD [2008] Imm AR 114 (refugee status, judge’s reasons, sole counsel for claimant)

R (Orange PCS Ltd) v Islington LBC [2006] JPL 1309 (planning, mobile telephone masts, development orders, retrospectivity, for claimant developer led by Christopher Katkowski QC)

Aga v SSHD [2005] EWCA Civ 1575 (Article 8 ECHR, delay, sole counsel for claimant)

Stancliffe Stone Co Ltd v National Park Peak District Authority [2006] Env LR 7 (planning, mining permissions, mineral rights, declaratory orders, for claimant developer led by David Holgate QC)

St Leger-Davis v FSS [2005] 2 P & CR 6 (planning, mobile telephone masts, compulsory purchase, for claimant developer led by Christopher Katkowski QC)

High Court and selective Upper Tribunal rulings back to 2011

Parkhurst Road Ltd v SSCLG [2018] EWHC 991 (Admin) (affordable housing, assessment of viability, benchmark land value)

R (Woolcock) v SSCLG and ors [2018] EWHC 17 (Admin), [2018] 4 WLR 49 (Divisional Court, “systemic public law challenge”, enforcement of Council Tax, sole counsel for SSCLG)

Geo Specialty Chemicals Ltd v Environment Agency, Environment Chamber (GRC) (Simon Bird QC), 17 January 2018 (Climate Change Agreements, variation / change of circumstances, jurisdiction)

Waterstone Estates Ltd v Welsh Ministers [2017] EWHC 2922 (Admin) (interpretation of Planning Policy Wales, retail development, sequential test, sole counsel for Welsh Ministers, CA appeal June 2018)

Gladman Developments Ltd v SSCLG [2017] EWHC 2448 (Admin) (housing development, 5 year land supply, sole counsel for SSLCG)

R (Barking and Dagenham LBC) v SSH [2017] EWHC 2449 (Admin, (2017) 20 CCL Rep 505 (ordinary residence, “deeming provision”, sole counsel for SSH)

MH v SSWP (PIP) (Human Rights law – article 14) [2017] UKUT 424 (AAC) (lawful for adults not to be paid DLA or PIP whilst in hospital notwithstanding Mathieson, leading counsel for SSWP)

R (HS) v SSHD [2017] EWHC 2422 (Admin) (immigration detention, release, for claimant)

R (Network Rail Infrastucture Ltd) v SSEFRA [2017] PTSR 1662

Goodman Logistics Developments (UK) Ltd v SSCLG [2017] EWHC 947 (Admin)

R (Youngsam) v PB [2017] 1 WLR 2848 (application of Article 5(4) ECHR to determinate sentence prisoners, for Parole Board, CA appeal June 2018)

R (Rambler’s Association) v SSEFRA [2017] EWHC 729 (Admin) (creation of public rights of way, public use, railways, public safety, criminal use, for SSEFRA)

Telford and Wrekin BC v SSCLG [2016] 3073 (Admin) (interpretation of National Planning Policy Framework, presumption in favour of sustainable development, protection of best and most versatile agricultural land, for SSCLG)

TW v SSWP [2017] UKUT 25 (AAC) (Personal Independence Payment, transitional from DLA, Article 14 ECHR, for SSWP)

SSWP v LB (PIP) [2016] UKUT 530 (AAC) (Personal Independence Payment, for SSWP)

Cullen v SSCLG [2016] EWHC 2197 (Admin) (5 year housing supply, residential development)

Jackley v Information Comm, Information Tribunal, 4 August 2016 (Freedom of Information, commercial sensitivity, for SSWP)

R (Al-Sharifi) v SSHD [2016] EWHC 2168 (Admin) (immigration detention, Iraq, mental illness, for Claimant)

ML v SSWP [2016] UKUT 0323 (AAC) (DLA, hospitalization, care homes, application of Mathieson to adults)

R (Pressland v Hammersmith and Fulham LBC [2016] EWHC 1763 (Admin) (permitted development, variation of planning permission, for Hammersmith)

R (Lancashire CC) v SSEFRA [2016] EWHC 1238 (Admin) (village greens, “locality”, spread of users, statutory incompatibility, for SSEFRA)

Cawrey Ltd v SSCLG [2016] EWHC 1198 (Admin) (5 year supply, residential development, sustainable development, for SSCLG)

Wright v SSEFRA [2016] EWHC 1053 (Admin) (public paths, for SSEFRA)

R (Dillner) v Sheffield CC [2016] Env LR 31 (environmental impact assessment, highway authority powers and duties, Public Finance Initiatives, local government consultation, for highway contractor Amey Hallam Highways)

Nicolson v Grant Thornton LLP [2016] 2 Costs LR 211, Divisional Court (local government audit, council tax, for LB Haringey)

Castelite Ltd v SSCLG [2016] EWHC 1479 (Admin) (green belt)

R (Scarisbrick) v SSCLG [2016] EWHC 715 (Admin) (hazardous waste landfill, development orders, Nationally Significant Infrastructure Projects, for SSCLG)

R (O’Brien) v South Cambridgeshire DC [2016] JPL 656) (repeat planning applications, transitional provisions, retrospectivity, for SSCLG)

Thornhill Estates v SSCLG [2015] EWHC 3169 (Admin) (assessment of 5 year housing supply, residential development, for SSCLG)

R (Baker Tilly UK Audit LLP v Financial Reporting Council [2015] EWHC 1398 (Admin) (financial regulation, disciplinary proceedings, alternative remedy, for claimant led by Richard Drabble QC)

R (Xue) v SSHD [2015] EWHC 825 (Admin) (immigration detention, mental illness / EIG 55.10, sole counsel for Claimant)

R (Hardy) v Sandwell MBC [2015] EWHC 890 (Admin) (discretionary housing payments, bedroom tax, disabled persons, Article 14 ECHR, equality impact assessment, sole counsel for Claimant)

Langford v SSD [2015] EWHC 875 (Ch) (pensions, unmarried partners, Article 14 ECHR, sole counsel for Secretary of State)

R (Knights) v Parole Board [2015] EWHC 136 (Admin) (sentences of imprisonment for public protection, access to offender coursework, Article 5 ECHR, for Parole Board)

SSWP v PD [2014] UKUT 549 (AAC) (Employment and Support Allowance, migration / existing awards of incapacity benefit, secondary legislation, vires)

Powell v DEFRA [2014] EWHC 4009 (Admin) (rights of way, prescription, for DEFRA)

SSHD v Sidey [2014] UKAITUR 181982014 (Citizen’s Directive, principle of equal treatment, EU law, domestic violence)

Pengelly v Lisiting Officer [2014] EWHC 4142 (Admin) (rateable value, principles of valuation,)

R (Hovenden) v Parole Board [2014] EWHC 3738 (Admin) (public protection, release on license, for PB)

R (SA (Holand)) v SSHD [2014] 2570 (Admin) (immigration detention, mental health, for claimant)

R (Ofogba) v Secretary of State for Energy and Climate Change [[2014] EWHC 2665 (Admin) (consultation, EU law, Energy Service Directive, climate change, for DECC)

R (Flatley) v Welsh Government and Hywel Dda University Health Board [2014] EWHC 2258 (Admin), (2014) 140 BMLR 1, [2014] PTSR D22 (NHS reorganization, consultation, Public Sector Equality Duty, legitimate expectation, Wales)

Pearce’s Appeal, Re [2014] UKUT 291 (LC), [2014] RA 341 (local government, rateable value, res judicata)

R (Gudanaviciene and Reis) v Director of Legal Aid Casework [2014] EWHC 1840 (Admin), [2014] ACD 123 (legal aid, exceptional funding, EU Charter of Fundamental Rights, sole counsel for Reis)

R (Moore) v Parole Board [2014] EWHC 2713 (Admin) (Parole Board, public protection, release on license)

R (King) v Parole Board [2014] EWHC 564 (Admin), [2014] ACD 103 (public protection, determinate sentence prisoners, test for release)

Makanjuola v SSCLG [2013] EWHC 3528 (Admin) (planning, over-enforcement)

R (JS and ors) v SSWP [2013] EWHC 3350 (QB) (social security, legality of “benefit cap”, Article 14 ECHR, led by Richard Drabble QC for intervener, CPAG)

Jaytee (Rainton) LLP v SSCLG [2013] EWHC 2835 (Admin) (planning, motorway service areas, leading counsel for Secretary of State)

MF v SSD [2013] UKUT 491 (AAC) (war pensions, counsel for MOD)

R (McIntyre) v Parole Board [2013] EWHC 1969 (Admin) (natural justice, record of proceedings, sole counsel for Parole Board)

R (SO) v Barking and Dagenham LBC [2013] UKUT 256 (IAC) (age dispute, identity, judicial review in the Upper Tribunal)

West London Aero Club v Hazell (Valuation Officer) [2013] RA 386 (rating, issue estoppel)

Turner v Chief Land Registrar [2013] EWHC 1382 (Ch), [2013] 2 P & CR 12 (adverse possession, first registration, Article 8 ECHR, sole counsel for Land Registrar)

R (MM and DM) v SSWP [2013] UKUT 259 (AAC), [2013] Eq LR 754 (reasonable adjustments, Equality Act 2010, disabled persons, judicial review in the Upper Tribunal)

R (FH (Iran)) v SSHD [2013] EWHC 1092 (Admin) (immigration detention, sole counsel for Claimant)

R (Cain) v SSJ [2013] EWHC 900 (Admin) (prison security categorization, natural justice, oral hearings, sole counsel for claimant)

Westminster Council v SSCLG [2013] EWHC 690 (Admin) (planning section 106 agreements, validity, reasons)

MB v SSWP [2013] UKUT 111 (AAC) (constitution of First-tier Tribunal, jurisdiction, 3-judge panel, counsel for claimants)

AM (by appointee CM) v SSWP (DLA) [2013] UKUT 27 (AAC) (Article 14 ECHR, disability discrimination, disability living allowance)

Ramblers Association v SSEFRA [2012] EWHC 3333 (Admin) (rights of way, diversion orders)

R (MM) v SSWP [2012] EWHC 2106 (Admin) (Equality Act 2010, duty to make reasonable adjustments, transfer of judicial review to Upper Tribunal, led by Nathalie Lieven QC for claimants)

Kotegaonkar v SSEFRA [2012] EWHC 1796 (Admin), [2012] ACD 105) (rights of way)

R (Adams) v Commission for Local Administration in England [2012] PTSR 1172 (Local Government Ombudsman, duty to give reasons, investigation, costs)

R (BA) v SSHD [2011] EWHC 2748 (Admin) (immigration detention, mental illness, breach of Article 3 ECHR, breach of policy)

R (Belmihoub) [2011] EWHC 2044 (Admin) (immigration detention, Hardial Singh)

XYZ v Portsmouth Hospital NHS Trust [2011] EWHC 243, (2011) 121 BMLR 13 (intervention as sole counsel for Secretary of State for Health, priority in allocation of organs to potential donees)

R (Robin Murray & Co) v Lord Chancellor [2011] EWHC 1528 (Admin), [2011] ACD 103 (closure of magistrates courts, equality impact assessment, led by Sam Grodzinski QC for defendant)

R (Vale of Glamorgan Council) v Lord Chancellor [2011] EWHC 1532 (Admin) (closure of magistrates courts, consultation, led by Sam Grodzinski QC for defendant)

AM (Evidence – route of return) Somalia [2011] UKUT 54 (IAC) (Somalia, Article 3 ECHR, route of return)

R (Zagorski) v SSBIS [2011] HRLR 6 (export of drugs for use on death row, EU Charter on Fundamental Rights, EU export rules, scope of EU law)

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