Alex Goodman KC

Planning

Alex practices in the full spectrum of planning work, with particular expertise in matters related to housing, green belt, open space, listed buildings, energy (wind, coal, gas fracking), waste, incinerators, new roads, CIL, hotels, schools, mobile phone masts, protected species and cemeteries.

Alex works on inquiries and in the Lands Tribunal on compulsory purchase and compensation matters. He often advises on section 106 agreements and CIL issues and has extensive experience in Green Belt developments and heritage matters. Alex has a particular interest in Infrastructure projects including NSIPs.

Recent highlights include:

• - R (Day) v Shropshire [2023]. Alex represented the successful Appellant in the Supreme Court quashing planning permission for housing. He is currently instructed on numerous other cases on open space, planning and statutory trusts (watch here; and see article in The Planner, and The Guardian).
• - R (Hough) v SSHD [2022] in which Lieven held a rare Special Development Order was unlawful was one of seven recent planning challenges to Home Office asylum accommodation on airfields and on the Bibby Stockholm Barge. Media reports here.

Development Consent Orders

Alex has worked on several cases concerning Development Consent orders. Highlights include successfully resisting the Brig y Cwm Incinerator. He recently acted in a successful challenge to the National Policy Statements.

Development Plans and other planning policy

Alex has appeared in numerous development plan examinations. He is involved in a forthcoming judicial review of the Examining Inspector’s recommendation not to adopt West Oxfordshire‘s Salt Cross Garden Village Area Action Plan.

Energy

Alex recently succeeded in a judicial review on behalf of the Good Law Project compelling revision of the Energy National Policy Statements. He often works on energy projects including energy from waste, gas, wind and other renewables.

Environment

Alex has extensive experience, particularly of EIA, Habitats and water quality. In recent years he has worked on a range of cases about river pollution, most recently in the Court of Appeal in R (Sahota) v Herefordshire concerning agricultural pollution of the river Wye.

Marine Planning and Harbour Orders

Alex is currently involved in the ongoing challenge to the Bibby Stockholm.

Minerals and Waste

Alex has acted on a number of minerals plans, including Lancashire and Kent.

Neighbourhood Planning

Alex has advised and acted on a range of neighbourhood planning issues, including around the Ashdown Forest.

Planning Crime

Alex recently acted for a developer accused of offences related to felling protected trees.

Planning Enforcement and Injunctions

Alex has extensive experience of enforcement and injunctions. He is currently engaged in litigation concerning enforcement against allegedly unauthorised development by the Crown for housing asylum seekers in camps and on barges.

Planning Judicial and Statutory Reviews

Alex is well-known for statutory reviews and judicial review and has appeared in hundreds of such cases.

Property

Alex is an experienced barrister who specialises in agricultural law, public sector and local government property issues, and village greens, commons and manorial rights. He has experience in nuisance matters and Alex's experience in environmental law, human rights and public law makes him well-placed to act in protestor injunction cases.

Alex was described in the Legal 500 directory guide as "'An excellent advocate who knows how to win cases. He has very sound judgement, extensive knowledge and is very good at managing judges".  He was described in the Chambers and Partners directory guide as "...a highly effective leading counsel who has the ear of the court." and "...brilliant on his feet and incredible in terms of drafting.".

Public Sector and Local Government Property issues

Alex has particular expertise on local authority disposal of land, having recently appeared for the successful appellant in the Supreme Court in R (Day) v Shropshire.

Village Greens, Commons and Manorial Rights

Alex wrote a volume of Atkins Court Forms on Village Greens and Commons and often acts in relation to such matters. He recently succeeded in the Supreme Court in R (Day) v Shropshire on a case closely related to village greens.

Environment

Alex’s environmental practice encompasses EIA, habitats, nuisance, nitrates, water pollution, waste, energy, protected species, and climate change. He works for all parties, with particular experience of acting for NGOs and pressure groups.

Recent work includes numerous cases on pollution to river and coastal waters such as R (Sahota) v Herefordshire [2022], one of several habitats challenges to agricultural development on the river Wye. He acted for Vince, Monbiot, and Good Law Project in a claim for judicial review compelling the Secretary of State to review the Energy National Policy Statements. He is acting in climate litigation about methane flaring against the government of Guyana and Exxon. He is working for an Amicus in a constitutional case about deforestation in Uganda. he has written several papers on international comparative law of climate change.

Aarhus Convention and Environmental Justice

Alex often brings Aarhus Convention claims and has frequently engaged in litigation on issues around it.

Air Quality

Alex recently acted for a residents’ group, securing road closures on air quality grounds. He is familiar with air quality issues in a range of planning matters.

Climate Change and Emissions Trading

Alex has a particular interest in Climate Change litigation. He acted recently for the Good Law Project in its judicial review compelling revision of the National Policy Statements. He has worked on major climate cases in Guyana and Uganda.

Ecology and Biodiversity

Alex is particularly interested in ecology. He has had a recent run of six cases about river pollution. Notably R (Sahota) v Herefordshire in the Court of Appeal.

Energy

Alex recently succeeded in a judicial review on behalf of the Good Law Project compelling revision of the Energy National Policy Statements. He often works on energy projects.

Habitats and Species

Alex has extensive experience of Habitats matters. In recent years he has worked on a range of cases about river pollution, most recently in the Court of Appeal in R (Sahota) v Herefordshire concerning agricultural pollution of the river Wye.

Protection of the Countryside

Much of Alex’s environmental work has been for NGOs and campaign groups around the protection of the countryside. He is currently instructed by the Campaign for Rural England on a range of cases about protecting open space. He has also recently worked on numerous cases about agricultural pollution.

Water

Alex has extensive experience of cases related to water. In recent years he has worked on a range of cases about river pollution, most recently in the Court of Appeal in R (Sahota) v Herefordshire concerning agricultural pollution of the river Wye.

Public and Administrative

Alex has a broad practice encompassing all aspects of public law, human rights, and civil liberties. His work often relates to civil and human rights of immigrants and minorities; to social security; and discrimination. He has acted in some of the most significant test cases over the past few years.

He was awarded “Legal Aid Lawyer of the Year” for his work as sole or leading counsel in a series of successful challenges to the “No Recourse to Public Funds” policy including in:

• R (ST and VW) v SSHD [2021] 1 W.L.R. 6047 in which the Divisional Court held the NRPF policy to be unlawful (Media reports here).
• R (AB) v SSHD [2022] EWHC 1524 (Admin) [2022] WLR (D) 282 in which Lane J held the revised policy was unlawful in that it still failed to respect the duty to promote the welfare of children (sole counsel for Claimant).
• R (W (A Child)) v Secretary of State for the Home Department (Project 17 intervening) [2020] 1 W.L.R. 4428 (“no recourse to public funds” policy was incompatible with article 3 ECHR and the common law ‘law of humanity’) (sole counsel for Claimant).

In Bah and Others v The Home Office Alex acts in over 100 successful claims for damages against the Home Office for violations of Art.3 ECHR in the administration of the NRPF scheme (Home Office appeal outstanding).

In R (DMA and Others) v SSHD [2021] 2 W.L.R. 2374 (lead counsel), Robin Knowles J held that the Home Office is in breach of its duties under Article 3 ECHR and common law “law of humanity” in respect of failures int the system for accommodating destitute asylum seekers.

Following R (MA and BB) v SSHD (EHRC intervening) [2019] EWHC 1523 (Admin) (failure to investigate arguable inhuman and degrading treatment) at Brook House detention centre: BBC report here, Alex has been acting for core participants on the resulting Inquiries Act 2005 Brook House Inquiry into the abuse in immigration detention in which a report is expected in early 2023. Media reports here.

Alex’s practice is predominantly in public law, within that, he works within the more specific fields of social security, immigration; environment; planning. Examples of notable work include:

• A judicial review and damages claim securing an inquiry into breaches of the prohibition of torture in immigration detention following Panorama revelations (R (MA) v SSHD).
  
• A judicial review challenging the discriminatory impact and equalities implications of conditions on leave prohibiting recourse to public funds.
• A challenge to treatment of trafficking victims by police and Home Office (article 4).
• Claims under the refugee convention and Dublin III regulation for refugees seeking to enter the UK from Calais.
• Judicial reviews related to Open Spaces Act and village green law.

Human Rights and Civil Liberties

Alex has an extensive practice in human rights and civil liberties acting mainly for NGOs (e.g. Women for Refugee Women) and for legally aided individuals.

Recent Examples:

Alex has acted in dozens of cases challenging the Home Office scheme of “no recourse to public funds” on grounds of incompatibility with article 3 ECHR, fundamental common law rights, and s.55 duties to children:

• R (W) v SSHD [2020]
• R (ST and VW) v SSHD [2021]
• R (AB) v SSHD [2022]
• R (ASY) v SSHD [2023]. Some Media reports here.

Alex has led dozens of recent cases on asylum support:

• R (DMA and Others) v SSHD [2021] (section 4 accommodation scheme incompatible with article 3 ECHR and common law)
• R (HA) v SSHD [2023] (policies governing section 95 asylum support scheme unlawful).

Alex’s clients include many vulnerable and marginalised people including trafficking victims:

• R (IJ) v SSHD [2021] (successful challenge to the “Shortage Occupation List” on grounds of art. 14 discrimination against victim of trafficking).
• R (SPM) v SSHD [2023] (rights of detained victims of trafficking to legal advice).  

Alex is an expert on the right to liberty, particularly for immigration detainees (see Alex's immigration tab).

Immigration

Alex Goodman KC has acted in many leading cases on immigration law, particularly in strategic litigation challenging government policies. His work encompasses refugee law, trafficking, deportation, detention, human rights, asylum support, benefits, rights to work, nationality and private immigration.

Recent Examples:

• Mohammed [2020] an  instance of Alex’s extensive work as a barrister for claimants seeking restoration of their liberty from immigration detention. He has appeared in many of the most important cases on false imprisonment, particularly in immigration detention, such as Lumba (SC), Kambadzi (SC), Francis (CA- sole counsel), Abdi (ECtHR) and SPM CA).
• R (IJ) v SSHD [2021] Alex acted as sole counsel for the successful victim of trafficking challenging the “Shortage Occupation List”.
• R (FB and Medical Justice) [2022] Alex acted in a successful appeal in the Court of Appeal challenging the “zero notice” provisions of Home Office removal policy. See Media report here.
• R (Kaitey) [2022] in the Court of Appeal concerned the lawfulness of the new scheme for immigration bail.

In Antonio [2022], Antonio [2017],  and Antonio [2014] Alex acted twice in the Court of Appeal and currently in the ECtHR in cases concerning the lawfulness of deportation order and detention of a stateless man.

Alex was adviser to the production of The Real Mo Farah in relation to the complex issues around trafficking and immigration law. A link to the documentary may be found here.

International

Alex has worked extensively on the constitutions of Myanmar, Palestine, and The Gambia and on environmental cases in Uganda and Guyana.

Local Government

Alex specialises in all aspects of local government law, including some niches such as elections, village greens, information law and footpaths. He was author of the Atkins Court Forms on Village Greens and Common Land.

Alex’s work in local government (other than planning environment) encompasses a wide range of matters including footpaths and highways such as Owen v Devon CC [2014] EWHC 4895; village greens (e.g. R (SDR) v Bristol City Council [2012] EWHC 859; welfare benefits (see above); Information rights R (Perry) v LB Hackney [2015] JPL 454; and election law.

Rex (Day) v Shropshire [2023] 2 W.L.R. 599 (SC) the decision of this case is of major importance to local authorities and their approach to selling off land that has been protected by means of a statutory trust over open space. Alex appeared as the lead counsel for the successful Appellant in the Supreme Court (watch here). Read the article in The Planner. Report in The Guardian.

Property Judicial Review

Alex recently acted for the successful Appellant in the Supreme Court in R (Day) v SSHD, a judicial review concerning disposal of open space.

Public Inquiries and Inquests

Following R (MA and BB) v SSHD (failure to investigate arguable inhuman and degrading treatment) at Brook House detention centre): Alex Goodman has been acting for multiple core participants on the resulting Inquiries Act 2005 Brook House Inquiry into the abuse in immigration detention over a period of six years. This involved two judicial reviews and a lengthy statutory inquiry. Media reports here and here.

Social Security

Alex has a particular interest in social security. His current practice mainly involves migrant rights within this area, but he accepts instructions on all aspects of social security law.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

Local Government

Alex Goodman KC’s practice engages with a diverse range of local government law, including niches such as disposal of land, elections, village greens, information law and footpaths. He was author of the Atkins Court Forms on Village Greens and Common Land. R (Day) v Shropshire [2023] in the Supreme Court being the most notable recent example of his work.

Energy

EU Law post-Brexit

Highways and Rights of Access

Public Interest Litigation

Public Works Projects

Telecommunications