01 10 2024
Court of Appeal refuses permission to appeal against unsuccessful challenge to London…
James was a member of the Attorney-General’s London Panels of Junior Counsel to the Crown from 1999-2013. He also served on the Welsh Assembly Government’s Junior Counsel Panel from 2009 to 2013.
He has been consistently ranked as a leading silk in planning, environmental law, and public law by Chambers and Legal 500. Environment/Planning Silk of the Year' at the Chambers UK Bar Awards 2022.
James has in the past chaired the Steering Groups for Planning, Environmental and Public Law at Landmark Chambers.
Planning law
James’s planning practice encompasses all aspects of planning including advisory and advocacy at inquiries, hearings, examinations and in the Higher Courts.
In 2023 he appeared for Taylor Wimpey in the longest running inquiry of the year – Wisley Airfield: 32 days.
Recent High Court cases include: R. (Weston Homes Plc) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 2089 (Admin); Taytime Ltd v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 1053 (Admin); CPRE Kent v Secretary of State for Communities and Local Government [2021] 1 W.L.R. 4168; Clin v Walter Lilly and Co Ltd [2021] 1 W.L.R. 2753 and R. (Plan B Earth) v Secretary of State for Transport [2020] P.T.S.R. 1446.
James has huge experience of dealing with EIA, SEA and habitats cases in the Higher Courts having been in many of the leading cases. James has particular expertise in air quality issues (affecting both human and ecological receptors). He has appeared for developers in a number of inquiries raising these issues and also acted in High Court cases. He has advised and acted on a number of Planning Act 2008 schemes and also Transport and Works Act Orders. He has particularly extensive knowledge of dealing with airports projects.
His practice also encompasses compulsory purchase and compensation, harbours, highways, rights of way, commons registration and village greens (both inquiries and in the Higher Courts). He has promoted a number of CPOs and has defended a number of High Court challenges to CPO orders. James has considerable experience of ports, harbour orders and marine licensing matters.
He has authored numerous articles (published in the JPL) on planning law.
He chaired the PEBA working groups which produced Good Practice Memorandum 2: Guidance for barristers on dealing with experts at Planning and Other Similar Inquiries and Good Practice Memorandum 3: The Role of Legal Representatives at Planning Appeal Hearings, Examinations and Planning Inquiry Round Table sessions (see https://peba.org.uk/resources/).
Environmental law
James’s environmental law practice is wide-ranging, covering matters such as habitats and species protection, civil sanctions, contaminated land, air quality, waste, access to environmental information, statutory and common law nuisance and all aspects of environment impact assessment, strategic environmental assessment, water related issues, marine environmental issues and environmental permitting.
He regularly advises and engages in cases concerning access to environmental information. He is a co-author with Jacqueline Lean on the chapters on environmental information in Information Rights Coppel (6th ed, 2023). His recent cases include Supreme Court decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22.
He has advised and acted in cases concerning the contaminated land regime in the Environmental Protection Act 1990. He acted for the Secretary of State in challenges to the first ever remediation notice appeal (see R. (Redland Minerals Ltd) v Secretary of State for Environment, Food and Rural Affairs [2011] Env. L.R. 2 and R. (Crest Nicholson Residential Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2011] Env. L.R. 1). He also appeared for Walsall Metropolitan Borough Council on the second ever appeal against a remediation notice in respect of the former Willenhall Gas Works.
James regularly advises on complex waste issues. James is acting for the Environment Agency in the case of Protreat v Environment Agency on reprocessed oils.
He has considerable expertise in climate change litigation.
He has also appeared a number of times before the UNECE Aarhus Compliance Committee in Geneva,: cases include ACCC/C/2010/45; ACCC/C/2010/53 (Edinburgh Tram) ACCC/C/2011/60; ACCC/C/2011/61 (Crossrail); ACCC/C/2012/77 (Nuclear NPS); and ACCC/C/2014/100 and 101 (High Speed 2). He is currently acting for the UK Government on the Brexit communication to the Compliance Committee - ACCC/C/2017/150. James has been in many of the leading cases on Aarhus costs. He is one of the authors of Landmark Chambers Aarhus Blog.
He is on the LexisPSL Environment Consulting Editorial Board and on the editorial board of Garner’s Environmental Law.
Public law
His public law practice is very wide ranging. He has appeared in a number of high-profile public law cases. He was a co-founder and co-editor of Judicial Review for many years and is now a consultant editor. He regularly speaks and writes on public law issues. Recent cases include R. (Wilkinson) v Enfield LBC [2024] EWHC 1193 (Admin); R. (Annington Property Ltd) v Secretary of State for Defence [2024] 1 W.L.R. 365 and R. (Doncaster MBC) v Doncaster Sheffield Airport Ltd [2022] EWHC 3060 (Admin); CPRE Kent v Secretary of State for Communities and Local Government [2021] 1 W.L.R. 4168
Retained/ Assimilated EU law
James regularly advises and appears in cases concerning retained EU law. Before Brexit he regularly appeared in the Court of Justice of the European Union and the General Court of the European Union (formerly the European Court of First Instance) on environmental matters. James was previously a part-time College Lecturer in European Law at Hertford College, Oxford.
International
In addition to his extensive European Court practice (see above) James has made several appearances before the UNECE Aarhus Compliance Committee in Geneva. He has also acted in cases going to the European Court of Human Rights in Strasbourg. His international practice also includes cases in the Isle of Man (including before the Staff of Government see e.g. Penfolds v The Treasury and public law advisory work in Gibraltar and the Turks and Caicos Islands. He has appeared in the Court of Appeal of New Zealand Mick v Removal Review Authority ([1999] NZAR 111).
James’ planning practice encompasses all aspects of planning including advisory and advocacy at inquiries, hearings, examinations and in the Higher Courts.
In 2023 he appeared for Taylor Wimpey in the longest running inquiry of the year – Wisley Airfield: 32 days.
Recent High Court cases include: R. (Weston Homes Plc) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 2089 (Admin); Taytime Ltd v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 1053 (Admin); CPRE Kent v Secretary of State for Communities and Local Government [2021] 1 W.L.R. 4168; Clin v Walter Lilly and Co Ltd [2021] 1 W.L.R. 2753 and R. (Plan B Earth) v Secretary of State for Transport [2020] P.T.S.R. 1446.
James has huge experience of dealing with EIA, SEA and habitats cases in the Higher Courts having been in many of the leading cases. James has particular expertise in air quality issues (affecting both human and ecological receptors). He has appeared for developers in a number of inquiries raising these issues and also acted in High Court cases. He has advised and acted on a number of Planning Act 2008 schemes and also Transport and Works Act Orders. He has particularly extensive knowledge of dealing with airports projects.
His practice also encompasses compulsory purchase and compensation, harbours, highways, rights of way, commons registration and village greens (both inquiries and in the Higher Courts). He has promoted a number of CPOs and has defended a number of High Court challenges to CPO orders. James has considerable experience of ports, harbour orders and marine licensing matters.
He has authored numerous articles (published in the JPL) on planning law.
He chaired the PEBA working groups which produced Good Practice Memorandum 2: Guidance for barristers on dealing with experts at Planning and Other Similar Inquiries and Good Practice Memorandum 3: The Role of Legal Representatives at Planning Appeal Hearings, Examinations and Planning Inquiry Round Table sessions (see https://peba.org.uk/resources/).
James was a member of the Attorney-General’s London Panels of Junior Counsel to the Crown from 1999-2013. He also served on the Welsh Assembly Government’s Junior Counsel Panel from 2009 to 2013.
He has been consistently ranked as a leading silk in planning, environmental law, and public law by Chambers and Legal 500. Environment/Planning Silk of the Year' at the Chambers UK Bar Awards 2022.
James has in the past chaired the Steering Groups for Planning, Environmental and Public Law at Landmark Chambers.
James’ environmental law practice is wide-ranging, covering matters such as habitats and species protection, civil sanctions, contaminated land, air quality, waste, access to environmental information, statutory and common law nuisance and all aspects of environment impact assessment, strategic environmental assessment, water related issues, marine environmental issues and environmental permitting.
He regularly advises and engages in cases concerning access to environmental information. He is a co-author with Jacqueline Lean on the chapters on environmental information in Information Rights Coppel (6th ed, 2023). His recent cases include Supreme Court decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22.
He has advised and acted in cases concerning the contaminated land regime in the Environmental Protection Act 1990. He acted for the Secretary of State in challenges to the first ever remediation notice appeal (see R. (Redland Minerals Ltd) v Secretary of State for Environment, Food and Rural Affairs [2011] Env. L.R. 2 and R. (Crest Nicholson Residential Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2011] Env. L.R. 1). He also appeared for Walsall Metropolitan Borough Council on the second ever appeal against a remediation notice in respect of the former Willenhall Gas Works.James regularly advises on complex waste issues. James is acting for the Environment Agency in the case of Protreat v Environment Agency on reprocessed oils.
He has considerable expertise in climate change litigation.
He has also appeared a number of times before the UNECE Aarhus Compliance Committee in Geneva,: cases include ACCC/C/2010/45; ACCC/C/2010/53 (Edinburgh Tram) ACCC/C/2011/60; ACCC/C/2011/61 (Crossrail); ACCC/C/2012/77 (Nuclear NPS); and ACCC/C/2014/100 and 101 (High Speed 2). He is currently acting for the UK Government on the Brexit communication to the Compliance Committee - ACCC/C/2017/150. James has been in many of the leading cases on Aarhus costs. He is one of the authors of Landmark Chambers Aarhus Blog.
He is on the LexisPSL Environment Consulting Editorial Board and on the editorial board of Garner’s Environmental Law.
James was a member of the Attorney-General’s London Panels of Junior Counsel to the Crown from 1999-2013. He also served on the Welsh Assembly Government’s Junior Counsel Panel from 2009 to 2013.
He has been consistently ranked as a leading silk in planning, environmental law, and public law by Chambers and Legal 500. Environment/Planning Silk of the Year' at the Chambers UK Bar Awards 2022.
James has in the past chaired the Steering Groups for Planning, Environmental and Public Law at Landmark Chambers.
James' public law practice is very wide ranging. He has appeared in a number of high-profile public law cases. He was a co-founder and co-editor of Judicial Review for many years and is now a consultant editor. He regularly speaks and writes on public law issues. Recent cases include R. (Wilkinson) v Enfield LBC [2024] EWHC 1193 (Admin); R. (Annington Property Ltd) v Secretary of State for Defence [2024] 1 W.L.R. 365 and R. (Doncaster MBC) v Doncaster Sheffield Airport Ltd [2022] EWHC 3060 (Admin); CPRE Kent v Secretary of State for Communities and Local Government [2021] 1 W.L.R. 4168.
James was a member of the Attorney-General’s London Panels of Junior Counsel to the Crown from 1999-2013. He also served on the Welsh Assembly Government’s Junior Counsel Panel from 2009 to 2013.
He has been consistently ranked as a leading silk in planning, environmental law, and public law by Chambers and Legal 500. Environment/Planning Silk of the Year' at the Chambers UK Bar Awards 2022.
James has in the past chaired the Steering Groups for Planning, Environmental and Public Law at Landmark Chambers.
Retained/ Assimilated EU law
James regularly advises and appears in cases concerning retained EU law. Before Brexit he regularly appeared in the Court of Justice of the European Union and the General Court of the European Union (formerly the European Court of First Instance) on environmental matters. James was previously a part-time College Lecturer in European Law at Hertford College, Oxford.
International
In addition to his extensive European Court practice (see above) James has made several appearances before the UNECE Aarhus Compliance Committee in Geneva. He has also acted in cases going to the European Court of Human Rights in Strasbourg. His international practice also includes cases in the Isle of Man (including before the Staff of Government see e.g. Penfolds v The Treasury and public law advisory work in Gibraltar and the Turks and Caicos Islands. He has appeared in the Court of Appeal of New Zealand Mick v Removal Review Authority ([1999] NZAR 111).
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.
Commercial/Retail
Compulsory Purchase and Compensation
Development Consent Orders
Development Contribution: Section 106 and CIL
Development Plans and other planning policy
Energy
Green Belt
Heritage
Highways, Footpaths and Rights of Way
Infrastructure
Marine Planning and Harbour Orders
Minerals and Waste
Neighbourhood Planning
Planning Appeals, Inquiries and Hearings
Planning Enforcement and Injunctions
Planning Judicial and Statutory Reviews
Residential
Transport Orders and Parliamentary Bills
Aarhus Convention and Environmental Justice
Air Quality
Climate Change and Emissions Trading
Ecology and Biodiversity
Environmental Assessment (Environmental Outcomes)
Energy
Environmental Enforcement
Environmental information
Environmental Regulation
Habitats and Species
Nuisance
Pollution and Contaminated Land
Protection of the Countryside
Utilities
Waste
Water
Wildlife
High Court Planning
Highways and Public Rights of Access
Human Rights and Civil Liberties
International
Judicial Review
Local Government including Local Government Finance
Property Judicial Review
Energy
EU Law post-Brexit
Highways and Rights of Access
Local Government
Public Interest Litigation
Public Works Projects
An intellectual powerhouse."
cases
01 10 2024
Court of Appeal refuses permission to appeal against unsuccessful challenge to London…
Full Presentation
25 09 2024
Grasping the Nettle: The Government’s Planning Reform Agenda Explained
David Elvin KC, and James Maurici KC
blog
28 08 2024
40 - Consultation, Aarhus and planning processes
Aarhus
cases
08 08 2024
High Court Quashes Inspector’s “Special Measures” Decision in Uttlesford
blog
03 07 2024
36 - The Supreme Court decision in Finch: the role of the Aarhus Convention
Aarhus
cases
02 07 2024
Supreme Court decision in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No.…
news
29 06 2024
Planning Magazine’s Law Survey 2024 features 37 Landmark barristers
blog
22 05 2024
33 – When is a plan not within the scope of Article 9(3) of the Aarhus Convention?
Aarhus
Jurisprudence, Hertford College Oxford BA (First Class Honours) 1994
BCL (First Class Honours) 1995
In his BA he was awarded the Martin Wronker proxime
Challenging Primary Legislation J.R. 2024, 29(1), 66-73
Amending your scheme on a planning appeal in the inquiry context - the law and practice J.P.L. 2024, 9, 933-951
The role of counsel at planning appeal hearings (with Jenny Vyse and Nick Grant) J.P.L. 2024, 3, 242-250
The dos and don'ts of core documents at planning inquiries J.P.L. 2024, 2, 103-110
He is a co-author with Jacqueline Lean on the chapters on environmental information in Information Rights Coppel (6th ed, 2023).
Interim relief in planning and environmental judicial and statutory review (with Jacqueline Lean) J.P.L. 2023, 11, 1383-1411
Legal analysis of the UK Government's closure of schools in England in 2020 and 2021: J.R. 2023, 28(2), 87-103
Inquiry to hearing: some pitfalls surrounding PINS decisions on mode of determination J.P.L. 2023, 8, 985-1003
Legal analysis of the UK Government's closure of schools in England in 2020 and 2021: Part 1 J.R. 2023, 28(1), 26-42
Appeals against non-determination and extensions of time for determination: a bear trap for applicants J.P.L. 2023, 5, 621-627
Re-examination of witnesses at planning inquiries: the law, practice and procedure J.P.L. 2023, 1, 3-19
"Trust me, I'm the expert": the weight to be given to statutory consultees' witness evidence at inquiry (with Alex Shattock) J.P.L. 2022, 12, 1494-1506
“Developments in judicial review practice and procedure 2019” (with Kimberley Ziya) J.R. 2019, 24(4), 272-295
“When does the "no substantial difference test" make a difference in judicial review applications? Does the outcome differ, depending on whether the case is based on EU or UK law? (with Admas Habteslasie) J.R. 2019, 24(2), 127-156
The status and legal effect of a quashed appeal decision in planning law J.P.L. 2018, 5.
International law in domestic practice: advice for practitioners on how international and comparative law arises in domestic case law E.L.M. 2016, 28(3/4), 155-163.
“Access to Justice: Review Procedures and Costs” in the Aarhus Convention A guide for UK Lawyers ed. C Banner (2015, Bloomsbury).
Dealing with a non-active defendant in judicial review proceedings J.R. 2015, 20(3), 157-159.
When does the heightened Mass Energy permission test apply? J.R. 2015, 20(2), 105-113.
State aid in planning and compulsory purchase order cases J.P.L. 2015, 6, 621-643.
Public law reviewability of land disposal (and management) decisions J.R. 2014, 19(4), 237-252.
Environmental Information Regulations chapter in Information Rights Law and Practice P Coppel (2014).
The influence of the Aarhus Convention on EU Environmental Law Parts I and II J.P.L. 2014, 2, 181-202 and J.P.L. 2013, 12, 1496-1512.
Aarhus access to justice and civil sanctions update E.L.M. 2011, 23(4), 170-198.
Judicial review and the MMO Env. Law 2010, 60, 18-25.
Climate change – case-law update Env. Law 2010, 58, 10-23.
Consent orders in section 288 and 289 proceedings J.P.L. 2010, 10, 1217-1236.
Disclosure and freedom of information in High Court challenges Env. Law 2010, 56, 20-34.
Rethinking regulatory sanctions: Regulatory Enforcement and Sanctions Act 2008 – an exchange of letters E.L.M. 2009, 21(4), 183-188.
Environment, Chambers and Partners, 2024
Local Government, Chambers and Partners, 2024
Planning, Chambers and Partners, 2024
Administrative and Public Law, Chambers and Partners, 2024
Agriculture, Legal 500, 2024
Environment, Legal 500, 2024
Administrative and Human Rights, Legal 500, 2024
Planning, Legal 500, 2024
Administrative and Public Law, Chambers and Partners, 2023
Local Government, Chambers and Partners, 2023
Environment, Chambers and Partners, 2023
Planning, Chambers and Partners, 2023
Planning, Legal 500, 2023
Environment, Legal 500, 2023
Local Government, Legal 500, 2023
Agriculture, Legal 500, 2023
Administrative Law and Human Rights, Legal 500, 2023
Planning, Chambers and Partners, 2022
Environment, Chambers and Partners, 2022
Local Government, Chambers and Partners, 2022
Administrative and Public Law, Chambers and Partners, 2022
Civil Liberties, Chambers and Partners, 2022
Planning, Legal 500, 2022
Environment, Legal 500, 2022
Civil Liberties, Legal 500, 2022
Planning, Chambers and Partners, 2021
Planning, Chambers and Partners, 2021
Environment, Chambers and Partners, 2021
Administrative and Public Law, Chambers and Partners, 2021
Administrative and Public Law, Chambers and Partners, 2021
Local Government, Chambers and Partners, 2021
Local Government, Chambers and Partners, 2021
Civil Liberties and Human Rights, Chambers and Partners, 2021
Local Government, Chambers and Partners, 2020
Planning, Chambers and Partners, 2020
Administrative and Public Law, Chambers and Partners, 2020
Environment, Chambers and Partners, 2020
Civil Liberties and Human Rights, Chambers and Partners, 2020
Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.