News and Resources
Below is a selection of news items, case notes, articles, books and papers authored by members of Chambers.
There is also a separate Archive of Inspector’s Reports in respect of applications to register new town or village greens.
Supreme Court Awards Westminster CC Costs in Hemming Litigation
The Supreme Court has handed down its final order in the Hemming litigation (see R (Hemming) v WCC [2015] UKSC 25 and [2017] UKSC 50). The Court has awarded Westminster its full costs of both hearings before the Supreme Court and the proceedings before the Court of Appeal. The parties are to bear their own costs of the hearing before the CJEU, with Westminster paying Mr Hemming’s costs of the High Court hearing. Read more
Nottingham City Council (Appellant) v Parr and another (Respondents) [2018] UKSC 51 (On appeal from [2017] EWCA Civ 188)
Following a decision of the Court of Appeal, the Supreme Court has similarly unanimously dismissed an appeal by the Appellant concerning the conditions imposed and the minimum dimensions applicable to licensing a house in multiple occupation which is to be occupied by students. Section 64(3)(a) of the Housing Act 2004 indicates that the purpose of the imposition of conditions is to make a house reasonably suitable for occupation by not more than the maximum number of households or persons in the licence application. Section 67(1)(a) provides that a licence may include such conditions as the local authority considers appropriate for regulating all or any of the “management, use and occupation of the house concerned”. Section 67(2) sets out a non-exhaustive list of permitted conditions including “conditions imposing restrictions or prohibitions on the use or occupation of particular parts of the house by persons occupying it”. The natural meaning of the words in the Act were found to be sufficiently wide and consistent with the object and purpose of the Act and included the conditions imposed by the Tribunals and the Court of Appeal. Read more
Bar Pro Bono Awards 2018
Chambers is delighted that Robert McCracken QC and Charles Streeten have been nominated in the Bar Pro Awards 2018 for the award of Pro Bono QC of the Year and Young Pro Bono Barrister of the Year. The winners of the awards will be announced on 24 October. Read more
Landmark Reversal of “Gay Cake” Judgment in UK Supreme Court
This morning the Supreme Court of the United Kingdom delivered its long-awaited judgment in Lee v Ashers Baking Co Ltd [2018] UKSC 49. The case had already made history in that it marked the first occasion that the Court had sat to hear oral argument in Belfast. The issues can be shortly stated, although the ramifications of the decision for the competing rights and interests of sexual orientation, freedom of belief and “compelled speech” may take some working out in the months and years ahead. Read more
FTB Announces Two New Tenants, Daisy Noble and Charles Merrett
FTB is delighted to announce that Daisy Noble and Charles Merrett have accepted invitations to join Chambers. Daisy and Charles each completed a 12 month pupillage with us and join as tenants today, Wednesday 3 October 2018. Read more
Court of Appeal Interprets Planning Condition on Stopping-up Order
R. (oao Network Rail Infrastructure Ltd.) v Secretary of State for Environment, Food and Rural Affairs [2018] EWCA Civ 2069 In a judgment given by Lord Justice Lindblom (Lewison LJ dissenting) the Court of Appeal has dismissed the appeal of the Secretary of State for the Environment, Food and Rural Affairs made against the decision of Holgate J to quash the decision of an Inspector not to confirm a stopping up order made under s.257 of the Town and Country Planning Act 1990. The appeal considers whether a planning condition, properly construed, prevented confirmation of the stopping-up order on the basis that it contemplates development proceeding even in the event of non-confirmation. Read more
Appeal Allowed and Outline Permission Granted following Previous Determination of Appeal and Subsequent Quashing by High Court
Cooper Estates Strategic Land Limited’s appeal against Wokingham Borough Council has been allowed and outline permission for 57 residential dwellings granted. This follows a previous determination of the appeal, which was quashed by the High Court on 21 July 2017. The Inspector’s decision letter raises a number of interesting points. Read more
Emyr Jones Joins FTB
FTB is delighted to announce that Emyr Jones is joining Chambers as a tenant with immediate effect. Emyr was called to the Bar in 1999 and has practised in Cardiff until joining FTB. Before coming to the Bar he gained a first in PPE at Jesus College, Oxford and was a lecturer at Keble College whilst undertaking research in political philosophy. Read more
Modern Slavery Appeal Summarily Dismissed for Non-Compliance with Court Directions
In a rare procedural step, Hastings Magistrates’ Court has summarily dismissed an appeal against the revocation of a premises licence following the failure by the Appellant to comply with Court directions requiring him to serve his evidence on the Respondent, Rother District Council. The case highlights a novel yet effective procedure open to licensing authorities faced with recalcitrant appellants abusing their statutory right to appeal licensing decisions in the magistrates’ courts. Read more
Mark Hill QC Addresses G20 Interfaith Forum in Buenos Aires
Professor Mark Hill QC is concluding a short series of lectures in South America. It began in Rio de Janeiro for the conference of the International Consortium for Law and Religion Studies of which he is Vice-President. Thereafter he attended a symposium at Mackenzie Presbyterian University in Sao Paulo, and gave a guest lecture on Religious Freedom in the United Kingdom, at Uberlandia University, Brazil at the invitation of Professor Rodrigo Vitoria Souza Alves. His visit now concludes in Buenos Aires at G20 Interfaith Forum. Argentina currently chairs the G20 and the Interfaith Forum is designed to explore religious contributions towards sustainable development. Lord Williams of Oystermouth, formerly Archbishop of Canterbury, opened the Forum with a powerful theological reflection on the centrality human dignity. Mark was charged with leading the a cohort focussing on religion in the workplace, drawing recommendations for the G20 governments on ensuring reasonable accommodation. The expert panel also included Carlo Custer, Former Secretary General, World Confederation of Labour, Argentina, Professor Richard Foltin, Senior Scholar, Religious Freedom Center, Washington DC, and Juan Martin Vives, Universidad Adventista Del Plata, Argentina. Further details . Further details here. Read more