Barney McCay

Call: 2019

Barney accepts instructions across all of chambers' areas of practice.

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Practice summary

Public and Administrative

Environment

Planning

Cross-practice

Practice Summary

Barney accepts instructions across all of chambers' areas of practice. He has significant court and inquiry experience and has acted in proceedings before the FTT, UT, High Court, Court of Appeal and Supreme Court.

Public: Barney has a broad public law practice and is on the EHRC’s panel of counsel. His recent work includes acting in a challenge to the DWP’s use of AI, concerning the UK’s obligations under the Withdrawal Agreement, and an intervention before the Supreme Court concerning local authorities’ homelessness duties (acting for the NGO, Crisis). Barney regularly advises on matters concerning human rights, information and data protection, education, protest, and post-Brexit EU law.

Environmental: Barney has a strong environmental practice. His recent instructions include challenges about badger culling, an intensive poultry unit near the River Wye, and Defra’s policy on “fast growing chickens”. Barney has particular experience of acting in inquiries that concern proposals for energy-related development, such as a waste incinerator near the Jurassic Coast World Heritage Site. Barney is a contributor to Garner’s Environmental Law and a UKELA working group convenor.

Public procurement, subsidy control and commercial: Barney has significant experience of procurement and subsidy control issues. He is currently instructed by the Gambling Commission (led by Sarah Hannaford KC) in various challenges to its award of the national lottery licence. Barney is also currently acting in several subsidy control challenges, and a trade dispute concerning the UK’s obligations under WTO law and the TCA.

Planning and infrastructure: Barney has acted in cases about the lawfulness of the Home Secretary’s use of a former RAF airfield to accommodate asylum seekers, whether NHS trusts are entitled to section 106 contributions to fund health services, and whether local authorities in Wales can decide not to adopt an LDP following examination. Barney recently appeared before the High Court (unled) and Court of Appeal (led) in a successful challenge to an authority’s grant of permission for restaurant development.

Qualifications and other experience: Barney graduated from Cambridge with a degree in History and Politics (First Class) and was awarded Gray’s Inn’s top scholarships to undertake the GDL (Distinction) and Bar Course (Outstanding). Barney has an LLM from the UPenn (Distinction) and was awarded/offered a Thouron Fellowship and Fulbright Award. Before joining Landmark, Barney worked as a JA to Lord Justice Bean on cases concerning media, equality, information, commercial, and EU law. Before that, Barney worked in competition and state aid policy, and as a political adviser to an MP.

Public and Administrative

Barney has a broad public law practice and is on the EHRC’s panel of counsel. He has been instructed in matters concerning human rights, local government, education, information and data protection, social security, immigration and post-Brexit EU law. He regularly advises on public law matters that engage other areas of law, such as protest rights, public procurement and subsidy control.

Barney’s recent/work includes:

  • WRC v SSWP (ongoing) – a proposed JR of the DWP’s use of artificial intelligence to detect fraud and error in social security claims and payments (instructed by PLP and led by Tim Buley KC).
  • BESA v SSE (ongoing) – a JR of DfE’s decision to make various educational resources available online and free to use in schools (led by Alan Bates).
  • XYZ v DBS (ongoing) – an appeal before the Court of Appeal on the application of the res judicata principle to appeals against DBS decisions before the UT (led by Samantha Broadfoot KC).
  • Simkova v SSWP [2024] EWCA Civ 419 – an appeal concerning the UK’s obligations under the Withdrawal Agreement (led by Julia Smyth). PTA to the Supreme Court has been granted.
  • Croydon LBC v Imam (Crisis intervening) [2023] UKSC 45 – a strategic intervention before the Supreme Court that concerned local authorities’ homelessness duties (acting for Crisis and led by Justin Bates KC).
  • R (Clarke-Holland) v SSHD [2023] EWHC 3140 (Admin) – a JR of the Home Secretary’s use of a former RAF airfield to accommodate asylum seekers (led by Alex Goodman KC).
  • IGT v Gambling Commission [2023] EWHC 1961 (TCC) – a challenge to the Gambling Commission’s award of the national lottery licence, raising EU and WTO law issues (led by Sarah Hannaford KC).
  • R (The Humane League UK) v SSEFRA [2023] EWHC 1243 (Admin) – a JR of Defra’s policy on “fast growing chickens” (led by Richard Turney KC).
  • A School v Ofsted (2023) – a JR arising from an Ofsted inspection (led by Fiona Scolding KC). 
  • ZN v SSHD (PA/00168/2024) – an appeal against SSHD’s refusal of a claim for asylum (unled).

Barney was supervised by Julia Smyth during pupillage and gained experience of post-Brexit litigation (including advising on the Withdrawal Agreement and Northern Ireland Protocol) and human rights challenges (including an Article 8 challenge to various abortion laws). Before joining Landmark, Barney carried out research at the Public Law Project.

Procurement and Subsidy Control

Barney has considerable experience in public procurement, competition and state aid matters.

Barney’s recent work includes:

  • National Lottery Licence: Acting (with Sarah Hannaford KC, James Neill and Rose Grogan) in a high-profile public procurement challenge to the Gambling Commission’s award of the National Lottery licence. Press coverage here.
  • "Fast-growing" chickens: Acting (with Richard Turney) in a challenge to Defra’s purported policy on the keeping of “fast-growing” chickens, which raises issues of competition law. Press coverage here.
  • Trade and Cooperation Agreement: Advising on the state aid and procurement implications of an application for central government funding, including the relevance and interpretation of provisions of the Trade and Cooperation Agreement.
  • Covid-19 procurement measures: Acting for contracting authorities seeking to recover payments made to suppliers during the covid-19 pandemic under central government procurement guidance.
  • Local government contracts: Acting for a bidder challenging the award of a multi-million-pound contract to a rival business. The authority agreed to re-run the procurement exercise in response to pre-action correspondence.

During pupillage, Barney worked on a range of contentious and non-contentious matters. These included:

  • Advising an economic operator in a dispute arising from a procurement exercise for waste disposal services
  • Advising a contracting authority on the public procurement and state aid implications of a proposed land acquisition.
  • Advising an economic operator challenging a procurement exercise in the regeneration sector
  • Advising central government on the circumstances in which a procurement exercise needs to be conducted for agreements between contracting authorities.

Before joining Landmark, Barney won the Rosie Choueka Essay Prize (a competition run by the Procurement Lawyers’ Association) and took MBA courses on fiscal policy and subsidy control at Wharton. He also worked in competition, consumer and state aid policy for a national charity and helped coordinate its “super-complaint” to the Competition and Markets Authority.

Environment

Barney practises across all aspects of environmental law, and regularly appears in the High Court and at public inquiries. Barney is a co-convenor of a UKELA working group and a contributor to Garner’s Environmental Law.

Barney’s recent/current court work includes:

  • Badger Trust and Wild Justice v Natural England (ongoing) – a JR of Natural England’s decision to issue licences for badger culling (led by David Wolfe KC).
  • Caffyn v Shropshire Council (ongoing) – a JR (funded by River Action) of Shropshire Council’s decision to grant permission for an intensive poultry unit near the River Wye (led by David Wolfe KC).
  • R (The Humane League UK) v SSEFRA [2023] EWHC 1243 (Admin) – a JR of Defra’s policy on “fast growing chickens” (led by Richard Turney KC).
  • R (Clarke-Holland) v SSHD [2023] EWHC 3140 (Admin) – a JR of the Home Secretary’s use of a former RAF airfield to accommodate asylum seekers, which raised EIA issues (led by Alex Goodman KC).

Barney’s recent/current inquiry work includes:

  • Curraghinalt Gold Project (2025) – a forthcoming inquiry that will consider a proposal for an underground gold mine in County Tyrone, Northern Ireland (led by David Elvin KC).
  • Portland Energy Recovery Facility (2023) – a three-week inquiry that considered a proposed energy recovery facility on the Isle of Portland (unled).
  • NW Bicester Ecotown (2023) – a one-week inquiry that examined a proposal for 530 dwellings in NW Bicester Ecotown (led by Zack Simons).

Planning

Barney practises across all aspects of planning law. He regularly appears in the High Court and at public inquiries.

Barney’s recent court work includes:

  • Jones v Wrexham Council and Welsh Ministers (ongoing) – an appeal before the Court of Appeal about whether local authorities in Wales can decide not to adopt an LDP following examination (led by Andrew Parkinson).
  • R (Worcestershire Acute Hospitals NHS Trust) v Malvern Hills DC [2023] EWHC 1995 (Admin) – a JR concerning the circumstances in which NHS trusts are entitled to section 106 contributions to fund health services (led by Zack Simons).
  • R (Clarke-Holland) v SSHD [2023] EWHC 3140 (Admin) – a JR of the Home Secretary’s use of a former RAF airfield to accommodate asylum seekers (led by Alex Goodman KC).
  • Ariyo v Richmond LBC [2023] EWHC 2278 (Admin) and Richmond LBC v Ariyo [2024] EWCA Civ 960 – a JR of an authority’s grant of permission for restaurant development (unled in the High Court).
  • Leicestershire CC v Miles [2024] EWHC 1782 (KB) – a High Court appeal against the grant of an injunction to restrain a breach of planning control (unled). 

Barney’s recent and current inquiry work includes:

  • Curraghinalt Gold Project (2025) – a forthcoming inquiry that will consider a proposal for an underground gold mine in County Tyrone, Northern Ireland (led by David Elvin KC).
  • Harold Wood Hospital (2024) – a two-week inquiry that considered a proposal to redevelop part of the Harold Wood Hospital site in Havering (led by Hashi Mohamed).
  • Portland Energy Recovery Facility (2023) – a three-week inquiry that considered a proposed energy recovery facility on the Isle of Portland (in close proximity to the Jurassic Coast World Heritage Site), raising landscape, heritage, climate change, waste, noise and transport issues (unled).
  • NW Bicester Ecotown (2023) – a one-week inquiry that examined a proposal for 530 dwellings in NW Bicester Ecotown (led by Zack Simons).
  • Morning Mills Farm (2022) – a one-week inquiry that considered a proposed scheme comprising 700 homes, 8,600 square metres of employment floorspace, a school, medical centre, community facilities and infrastructure works (led by John Litton KC).

Barney has experience of public procurement, subsidy control and commercial law matters.

Public procurement: Barney has experience of advising and acting for authorities and economic operators in relation to procurement decisions. He acted for the Gambling Commission (led by Sarah Hannaford KC) in IGT’s unsuccessful challenge to the Commission’s award of the national lottery licence (described by Coulson LJ as “the most important procurement case of this century”): see IGT v Gambling Commission [2023] EWHC 1420, [2023] EWHC 1961 and [2023] EWHC 2226 (TCC). Barney is currently instructed in TNLC’s challenge to the licence: see New Lottery Co Ltd v Gambling Commission [2024] 6 WLUK 742.

Subsidy control, trade and commercial JR: Barney has experience of advising and acting in challenges to decisions (e.g. central governing funding decisions) that raise subsidy control issues. He is currently instructed in a trade dispute concerning the UK’s obligations under WTO law and the Trade and Cooperation Agreement, and a commercial JR of a regulator’s guidance.

Barney is a member of the Procurement Lawyers’ Association and a winner of the Association’s Rosie Choueka Essay Prize. Before joining Landmark, Barney studied economic and fiscal policy at Wharton and worked in competition, consumer and state aid policy for a national charity.

Energy

EU Law post-Brexit

Local Government

Public Interest Litigation

Specialisms

Procurement and Subsidy Control

Court of Protection

Education

EU Law post-Brexit

High Court Planning

Highways and Public Rights of Access

Human Rights and Civil Liberties

Immigration

International

Judicial Review

Local Government including Local Government Finance

Property Judicial Review

Public Inquiries and Inquests

Social Security

Specialisms

Aarhus Convention and Environmental Justice

Air Quality

Climate Change and Emissions Trading

Ecology and Biodiversity

Energy

Environmental Assessment (Environmental Outcomes)

Environmental Enforcement

Environmental information

Environmental Regulation

Habitats and Species

Nuisance

Pollution and Contaminated Land

Protection of the Countryside

Utilities

Waste

Water

Wildlife

Specialisms

Commercial/Retail

Compulsory Purchase and Compensation

Development Consent Orders

Development Contracts and Overage

Development Contribution: Section 106 and CIL

Development Plans and other planning policy

Energy

Environment

Green Belt

Infrastructure

Marine Planning and Harbour Orders

Neighbourhood Planning

Planning Appeals, Inquiries and Hearings

Planning Enforcement and Injunctions

Planning Judicial and Statutory Reviews

Residential

Transport Orders and Parliamentary Bills

Specialisms

Energy

EU Law post-Brexit

Local Government

Public Interest Litigation

Qualifications and achievements

Qualifications

  • Cambridge University, King’s College – BA History and Politics (First Class)
  • BPP University – GDL (Distinction)
  • City University – BPTC (Outstanding)
  • University of Pennsylvania – LLM (Distinction)

Awards

  • Winner, Procurement Lawyers’ Association Essay Prize
  • Winner, Landmark Chambers’ Judicial Review Moot
  • Winner, Michael Beloff KC Essay Prize from Gray’s Inn
  • Winner, BPP Mooting Cup

Scholarships

  • Fulbright Award (offered) for postgraduate study in the US
  • Thouron Fellowship for fully funded postgraduate study in the US
  • Bedingfield and Residential Scholarships from Gray’s Inn, its top awards for the BPTC
  • Postgraduate Scholarship from City University
  • Excellence, Advocacy and Pro Bono Awards (offered) from BPP University
  • David Karmel Award from Gray’s Inn, its top award for the GDL
  • Academic Scholarship from King’s College, Cambridge
  • Award from Cambridge University to undertake its UN/WHO Internship

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Richard Bolton new

Richard Bolton

Senior Practice Manager

020 7421 1392

Mia Goodwin

Mia Goodwin

Assistant Practice Manager

020 7421 1344

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