20 11 2024
46 - The Aarhus Convention and contempt proceedings?!
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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.
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46 - The Aarhus Convention and contempt proceedings?!
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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.
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