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Gregory Jones QC

Gregory Jones QC

Year of call: 1991 (QC 2011)

Practice areas: Planning, Environment, Compulsory Purchase and Compensation, Major Infrastructure Projects, Local Government, Ecclesiastical Law and Religious Liberty, Rating, Public Law, European Law

European Union and Public Procurement Law

EUROPEAN UNION LAW EXPERIENCE

Gregory has a LLM in European Law. He was Jean Pierre Warner Scholar to the European Court of Justice.  He was a Senior University Lecturer and head of EU law at South Bank University in EU law. He is a Fellow at the Centre of European law at King's College, London. He has appeared at all levels of court including the European Court of Justice.

Directories

Recommended as a leading silk in European Union and competition law in Legal 5000 (2011/12) Gregory is described as being ‘at the top of his game', and has ‘deep knowledge and experience'

"Gregory Jones ...has a real insight into the effect of EU directives on domestic environmental law and policy." Chambers & Partners (2010)

"Gregory Jones... has special expertise in EU law...."
Chambers & Partners (2009)

"Gregory Jones ...is an expert on EU legislation.... ‘willing to think laterally to get what the client wants.'" Chambers & Partners (2008)

"Greg Jones is considered by some to be an ‘absolute star'. Respected for his ‘holistic understanding of the EU law base that underlines environmental law." Chambers & Partners (2002)

Selected European Law Cases

Habitats Directive (Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora)

  •  AA5 application [2013] NIQB 30 – dualling scheme for A5 quashed for failure to Atlantic Salmon and protected rivers, Foyle and Fin.
  • R (on the application of Akester) v Department for Environment, Food and Rural Affairs [2010] EWHC 232 (Admin); [2010] N.P.C. 19. Conservation; failure to fulfil obligations; ferries; habitats directive. (acted for successful harbour authority).
  • R. (on the application of Morge) v Hampshire CC Supreme Court re meaning of disturbance of protected species (Bats) under the Habitats Directive[2011] UKSC 2; [2011] 1 W.L.R. 268.
  • R (on the application of Boggis) v Natural England [2009] EWCA Civ 1061; [2010] 1 All E.R. 159; [2010] Env. L.R. 13; Times, December 8, 2009; (reversing) [2008] EWHC 2954 (Admin); Times February 25, 2009. Coastal protection; conservation; erosion; sea defences; sites of special scientific interest; special protection areas and habitats directive.

EIA Directive (Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment)

  • R (on the application of U & Partners (East Anglia) Ltd v The Broads Authority & The Environment Agency [2011] EWHC 1824 (Admin)) - promptitude rule incompatible with EU law rights generally.
  • R (on the application of Brown) v Carlisle City Council and Stobarts Air Ltd [2010] EWCA Civ 523; Times June 24th, 2010, [2010] All ER (D) 181 (May) grant of planning permission for a freight distribution centre at an airport in breach of the EIA Directive where the environmental statement accompanying the planning application did not address the impact of other proposed works at the airport contained within section 106 agreement.
  • R (on the application of Ardagh Glass Ltd) v Chester City Council [2009] EWHC 745 (Admin); [2009] Env L.R. 34; [2009] N.P.C. 59 mandatory requirement for local planning authority to take enforcement action and lawfulness of retrospective planning permissions for EIA development.
  • R (on the application of Barker) v Bromley LBC (C-290/03) European Court of Justice (First Chamber), 4 May 2006; [2006] Q.B. 764; [2006] 3 W.L.R. 492; [2006] E.C.R. I-3949; Article 2(1) and Article 4(2) of the EIA Directive had to be interpreted as requiring an environmental impact assessment to be carried out if, in the case of grant of consent comprising more than one stage, it became apparent, in the course of the second stage, that the project was likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location.
  • Berkeley v Secretary of State for the Environment, Transport and the Regions (No.1) House [2001] 2 A.C. 603; [2000] 3 W.L.R. 420; [2000] 3 All E.R. 897; [2001] 2 C.M.L.R. 38. The limits of the powers of the court not to quash a decision taken in breach of the EIA Directive.
  • R (on the application of Prophet) v York City Council [2002] EWHC 588 (Admin); requirement of environmental impact assessment and duty to give reasons.
  • R (on the application of Bedford) v Islington LBC [2002] EWHC 2044 (Admin); [2003] Env. L.R. 22. When granting planning permission for a new stadium for Arsenal FC, the local authority had not been obliged to hold a public inquiry or to disclose the report of a company which had been appointed to assist it in negotiations with the club on land issues.
  • R (on the application of)Terrafirma Properties Ltd v Manchester City Council [2002] EWHC 702 (Admin). EIA Cumulative impact and delegation of powers.
  • R v Secretary of State for the Environment, Transport and the Regions ex p. Marson [1999] 1 C.M.L.R. 268; [1998] Env. L.R. 761; (1999) 77 P. & C.R. 202; [1998] 3 P.L.R. 90; [1998] J.P.L. 869; [1998] N.P.C. 81; Times, May 18, 1998. Whether the Secretary of State had a duty to give reason when exercising his discretion to determine whether an assessment was required.
  • Re CALNI application. Judicial review challenge to decision to approve Rose Energy's chicken waste incinerator at Glenavy in alleged breach of EIA directive without holding public inquiry into the planning application. http://www.bbc.co.uk/news/uk-northern-ireland-11421505
  • Re House of Fraser application No. [2010] NIQB 105 challenge to lawfulness of minister's refusal to require further environmental information under the EIA regulations in respect of proposed Sprucefield retail (John Lewis anchor store) development and challenge based on appearance of bias.

SEA Directive (European Parliament and of the Council Directive 2001/42/EC of the on the assessment of the effects of certain plans and programmes on the environment)

  • Re Seaport Investments Limited application (Seaport No 1) [2007] NIQB 62; [2008] Env. L.R. 23 (re Judicial review challenge to compatibility of Northern Ireland town and country plan making system with the Strategic Environmental Assessment (SEA) Directive) and whether environmental report accompanying draft plan complied with SEA (Northern Ireland) Regulations 2004.
  • Re Seaport (NI) Limited application (Seaport No 2) Judicial review challenge as to whether open to the Department for the Environment to declare it "non feasible" for development plan to comply with SEA Directive high court (Weatherup J) referred series of question to the European Court of Justice (ongoing).
  • Re Seaport (NI) Limited (Seaport No3)(January 2009) (Weatherup J) judicial review challenge to decision by minister not to conjoin planning applications and require PAC hearing in respect of new tourist centre at the Giant's Causeway http://www.colerainetimes.co.uk/news/Sweeney-takes-Causeway-case-to.4869127.jp
  • Re Murdock Group Limited - application for judicial review challenging Newry Plan (2008) on failure to comply with the SEA Directive.

Waste Framework Directive (Directive 75/442/EEC as codified by the Waste Framework Directive (Directive 2006/12/EC)

  • Case C-252/05 R (on the application of Thames Water) v Bromley Magistrates' Court, Environment Agency (European Court of Justice). Whether escape of sewage from system exclude from definition of waste under directive 75/442/EEC.

Product Safety: (Council Directive 93/68/EEC)

Public Procurement

  • Acting for claimant in Indigo (UK) Limited v Colchester institute - challenge to procurement process in relation to award of cleaning contract (2010 ongoing)
  • Acting for Sunderland City Council in respect of challenges to development agreements in relation to the redevelopment of top centre concerning issues of public procurement and competition law (2009- onwards).
  • Acted for Southampton City Council in major procurement infrastructure tender exercise (2004).

Memberships and Appointments

  • Stagiaire at the European Commission (1990)
  • Fellow of the Institute of European Law, King's College (appointed 2008)
  • Jean Pierre Warner Scholar to the European Court of Justice (1995)
  • Fellow of the Centre of European Law, King's College, London (2007- onwards)
  • Bar European Group
  • European Circuit
  • Public Procurement Law Association

Publications Include: