25 09 2024
42 - Aarhus costs: An embarrassment of riches (Part 2)
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Her cross-discipline practice is illustrated most clearly by her involvement in the HS2 project, which has including promoting both the Phase 1 and Phase 2A Bills through Parliament; the legal challenges to the decision to proceed with the project and application of land acquisition policies, non-statutory compensation schemes and the Compensation Code.
Jacqueline has acted as sole, or junior, counsel in Courts and tribunals at all levels, including the Supreme Court, the Aarhus Compliance Committee, and Parliamentary Select Committees.
Jacqueline has significant experience with infrastructure projects and with compulsory acquisition and compensation more generally (both under the Compensation Code and enactments providing compensation arising from the exercise of statutory powers).
In addition to her work on HS2, Jacqueline has promoted a number of Transport and Works Act Order for Network Rail, including three recent applications for works associated with the Transpennine Route Upgrade programme, and successfully obtained confirmation of the West Midlands Combined Authority (Walsall to Wolverhampton Railway Line – Willenhall and Darlaston New Stations) Compulsory Purchase Order 2021, the first CPO made by a Mayor of a Combined Authority. Her infrastructure work also includes acting for the RSPB Cymru in relation to The Morlais Demonstration Zone Order 2021 (a tidal demonstration zone off the Anglesea coast), matters relating to ports, and highway improvements. She also has substantial experience with public rights of way.
Jacqueline’s wider planning work encompasses statutory development plans (examination and legal challenges), development affecting heritage assets, habitats, assets of community value, and the application of permitted development rights (including in respect of Crown land)..
Her court work includes:
R (CPRE Kent) v Secretary of State for Communities and Local Government [2021] UKSC 36 - Claimant’s liability for costs for more than one party where permission for statutory review is refused. Sole counsel in the Court of Appeal. Led by James Maurici KC in the Supreme Court.
R (Packham) v Secretary of State for Transport [2020] EWCA Civ 1004 (with Tim Mould KC) - Appeal against the Divisional Court’s refusal to grant permission to challenge the Government’s decision to proceed with HS2 following the Oakervee Review.
Thorpe Hall Leisure Ltd v Secretary of State for Communities and Local Government [2020] EWHC 44 (Admin) - Challenge to the refusal of planning permission for development of land around the Lighthouse Hotel in Thorpe-le-Soken where the Inspector could not be satisfied that it would not have an adverse impact on an SPA and SAC.
R (Granger-Taylor) v HS2 Ltd [2020] EWHC 1442 (Admin) (with Tim Mould KC) - Judicial review challenging the current design for the HS2 railway as it approaches Euston Station.
She is a contributing editor or author to:
She has been identified as a leading junior for Planning in Legal 500 and Chambers and Partners for a number of years, described variously as “The complete advocate: she has a powerful intellect and a lightness of touch that makes her first on the team sheet” (2019), “ Outstanding” (2018) and “She stands out for her versatility and fierce intellect” (2017).
Jacqueline is instructed by a broad range of clients within her environmental law practice, including regulators (such as the Environment Agency), environmental NGOs (in particular, the RSPB), local authority decision-makers, developers and others whose works or activities may engage environmental concerns or consenting regimes.
In addition to her planning work (which regularly includes issues relating to habitats and other environmental impacts) Jacqueline’s environmental work includes waste, the environmental permitting regime, compensation for statutory works, contaminated land, and application of the Environmental Information Regulations
Notable court work includes:
Jacqueline has also been instructed on a number of matters concerning the Aarhus Convention, and appeared (with James Maurici KC) for United Kingdom before the Aarhus Compliance Committee on two communications concerning the Government’s decision to proceed with HS2 (ACCC/C/100 & 101)
She is identified as a leading junior for Environmental Law in Legal 500.
She is a contributing editor or author to:
Jacqueline’s property work encompasses the full range of landlord and tenant work and real property disputes. She has significant experience with conditional agreements, overage agreement, restrictive covenants and rights of way, and regularly advises on cases involving planning and/or environmental issues. Recent work includes advising in connection with restrictions on development of land which is subject to an easement or other restrictions by reason of utility pipes or conduits; restrictions on title affecting proposed use or development of land for a charity’s purposes, and the potential claims arising from noise and/or air pollution from neighbouring landowners.
She has a particular interest (and experience) in cases involving protestors, and applications for pre-emptive relief, both for private landowners and public authorities.
She is a contributor to Chapter 9 of Hill & Redman’s ‘Law of Landlord and Tenant’ and the author of ‘A Practical Guide to Mortgage Possession Proceedings’ (2021)
Jacqueline undertakes a range of public law work, and has extensive experience in advising, and acting for, local and central government, and other regulatory bodies (including Ofwat and Ofqual).
Recent advisory work in the local government context includes advising a highway authority on its powers, and obligations, with regards to rolling road closures to facilitate peaceful protest; advising a local authority with regards to a common in respect of which it was both freehold owner and planning authority; and advising a number of local authorities with regards to their ability to enforce obligations relating to the transfer of land or potential overage payments under s.106 agreements and transfers of land.
She has also been instructed for the relevant order making authority at a number of DMMO inquiries, and is current instructed on behalf of a statutory harbour authority which is objecting to the confirmation of a DMMO on grounds of statutory incompatibility.
Reported cases of note in the public law context include:
R (Hemming) v Westminster City Council [2015] UKSC 25, in which the Supreme Court decided that the EU Services Directive (2006/123/EC) as implemented by The Provision of Services Regulations 1999 did not preclude a licensing authority or regulatory body from charging a ‘success fee’ to successful applicants as a condition of holding a licence (led by Nathalie Lieven KC).
R (Dolan) v Secretary of State for Health and Social Care [2020] EWCA 1605 - Challenge to the vires, rationality and ECHR compatibility of the Government’s ‘lockdown legislation’ (the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 as enacted and as subsequently amended))
R (Gallastegui) v Westminster City Council & ors [2013] EWCA Civ 28 - challenge to the provisions of the Police Reform and Social Responsibility Act 2011 relating to control of activities within Parliament Square with the right to freedom of expression and assembly under the ECHR.
R (Doncaster MBC) v Peel L & P Investments [2022] EWHC 3060 (Admin) (with James Maurici KC) - Application for permission to judicially review the decision to close Doncaster Sheffield Airport by its operator, a Peel Group company).
She is identified as a leading junior in Local Government (including rating) in Legal 500.
Jacqueline acts for a range of clients on rating matters.
Recent cases have included issues of retrospective business rates liability (following splitting or merging of hereditaments), liability of tenants where occupying under ‘rates included’ agreements, and some complicated applications of the contractor’s basis of valuation.
Reported cases include Celsa Steel (UK) Limited v Webb (VO) [2017] UKUT133 (LC) (for the Appellant, Celsa Steel – adjustment at stage 5 of the contractor’s basis of valuation) and Shirley v Park (Valuation Officer) [2018] UKUT 288 (LC) (for the VOA – effective date of alteration of the list; whether reg 14 compatible with ECHR).
She is identified as a leading junior in Local Government (including rating law) in Legal 500.
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Jacqueline undertakes a range of public law work, and has extensive experience in advising, and acting for, local and central government, and other regulatory bodies (including Ofwat and Ofqual).
Recent advisory work in the local government context includes advising a highway authority on its powers, and obligations, with regards to rolling road closures to facilitate peaceful protest; advising a local authority with regards to a common in respect of which it was both freehold owner and planning authority; and advising a number of local authorities with regards to their ability to enforce obligations relating to the transfer of land or potential overage payments under s.106 agreements and transfers of land.
She has also been instructed for the relevant order making authority at a number of DMMO inquiries, and is current instructed on behalf of a statutory harbour authority which is objecting to the confirmation of a DMMO on grounds of statutory incompatibility.
Reported cases of note in the public law context include:
R (Hemming) v Westminster City Council [2015] UKSC 25, in which the Supreme Court decided that the EU Services Directive (2006/123/EC) as implemented by The Provision of Services Regulations 1999 did not preclude a licensing authority or regulatory body from charging a ‘success fee’ to successful applicants as a condition of holding a licence (led by Nathalie Lieven KC).
R (Dolan) v Secretary of State for Health and Social Care [2020] EWCA 1605 - Challenge to the vires, rationality and ECHR compatibility of the Government’s ‘lockdown legislation’ (the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 as enacted and as subsequently amended))
R (Gallastegui) v Westminster City Council & ors [2013] EWCA Civ 28 - challenge to the provisions of the Police Reform and Social Responsibility Act 2011 relating to control of activities within Parliament Square with the right to freedom of expression and assembly under the ECHR.
R (Doncaster MBC) v Peel L & P Investments [2022] EWHC 3060 (Admin) (with James Maurici KC) - Application for permission to judicially review the decision to close Doncaster Sheffield Airport by its operator, a Peel Group company).
She is identified as a leading junior in Local Government (including rating) in Legal 500.
Stands out for her versatility and fierce intellect."
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