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Practice Profile
My practice is essentially concerned with property, planning and public and administrative law. Instructions include work for the National Assembly for Wales, many local authorities and police authorities. Subject areas include planning, housing, environment and waste disposal, grant entitlement, education, care homes, disclosure and freedom of information and judicial review generally.
I am instructed by a large number of public bodies and by individuals aggrieved by their decisions. I undertake a very significant amount of advisory work. As well as providing written or oral advice, I have sat with or directly advised committees/decision makers; specifically these have included Welsh Ministers, Chief and Assistant Chief Constables, local government committees as well as departmental heads.
General Public Law
I have acted as an independent legal adviser for NAW in an appeal against non-accreditation for grant aid. Earlier this year I was appointed under the Greenhouse Gas Emissions Trading Scheme Regulations 2005 to conduct a hearing, reach conclusions and report to Welsh Ministers. Instructions from a number of local authorities and other public bodies have included ultra vires charges, highway collapse and obstruction issues and matters regarding formal orders (eg stopping up), contractual disputes (including advice on challenges to tendering and selection process) as well as issues relating to planning and compulsory purchase. Recent judicial review hearings have concerned education matters and housing. Advisory work has included the construction of statutes and agreements and general advisory work.
I recently acted for 3 councils in a joint prosecution of the food operator involved in the supply of meat to schools leading to the major E Coli outbreak in Wales in 2005. I am currently instructed to represent one authority (there being a potential conflict in acting for others) at the Public Inquiry into the outbreak to be chaired by Professor Pennington.
Planning
Planning inquiries and enforcement work, from developers including direct professional access work for planning consultants and for planning authorities. High Court appeals, in particular for the National Assembly for Wales (for planning inspectorate). Residential development for national housebuilders as well as retail (including retail park) and commercial developments.
Miscellaneous advisory work on construction of planning permissions and conditions. Related work has included village green applications and public rights of way issues. (Reported case Telecom Securicor Cellular Radio Ltd v NAW [2001]PLCR 23, [2001] JPL 842 (Note).)
Compulsory Purchase
Instructions, primarily from local authorities, on compensation and powers of acquisition. Advisory work and drafting and appearing in the Lands Tribunal. (Reported case Williams v Blaenau Gwent BC 1994 40 EG 139.) Instructions have included the National Garden Festival site, Ebbw Vale and various highway schemes.
Judicial Review
Acting for applicants and National Assembly of Wales on planning and related maters (eg bridleways) on review and statutory appeals. Acting for applicants generally on judicial review including claims for and against public authorities in connection with closure of residential home, housing and in various cases under the Education Acts re schooling and for the police on powers of cautioning and disciplinary powers. Incidental Human Rights claims. (Reported cases Fernlee Estates Ltd v Swansea City and County Council [2001] EWHC 360, [2001] EGCS 161, (2001) 98(22) LSG 37: R v Vale of Glamorgan CC ex p J [2001] 1 EWCA Civ 593, [2001] ELR 758.)
Property
A wide variety of instructions including trespass, adverse possession, construction of deeds and property rights, easements and restrictive covenants, business tenancy renewals and miscellaneous landlord and tenant disputes together with a variety of issues from development contracts. Building disputes for owners and contractors (sub and main contractors). Miscellaneous claims, eg noise nuisance, flood damage, mortgagee’s power of sale. Human Rights claims eg compatibility of landlord’s right of distress.
Commercial Work
Business tenancy disputes, development contract issues and general commercial contract matters. Recent instructions have involved, for example, economic duress on settlement terms, detailed disputes on technical specification and contract requirements for machine tool supply and for mineral recovery, construction of arbitration and liquidated damages clauses and construction of price adjustment clauses. (Reported case Fernhill Mining Ltd v Kier Construction Ltd [2000] CP Rep 69, [2000] CPLR 23.)
Chancery
Chancery work including construction of wills, inheritance claims and partnership disputes. Reported case Cook v IRC [2002] S.T.C. (S.C.D.) 318; [2002] W.T.L.R. 1003; [2002] S.T.I. 936 (Reported case Shaw v Halifax (South West) Ltd (1996) PNLR 451, (1997) 13 Const LJ 127.)
I advised Cardiff CC following a decision to remove the limit on the number of hackney carriage licences. Applications for judicial review were dismissed by the High Court and, on appeal, by the Court of Appeal. I am currently instructed to advise an English local authority on their powers and duties when considering the same issue.
EDUCATION
1967-70: Wadham College Oxford, MA (Jurisprudence)
1960-67: Queen Mary’s Grammar School
PROFESSIONAL QUALIFICATIONS AND EXPERIENCE
• Solicitor (admitted 1974)
• Called to the Bar 1986
• Articled Clerk (Lovell, White & King, now Lovells) 1971-73
• Lecturer in Law, University College of Wales, Aberystwyth 1973-77
• Magistrates’ Clerk, Cardiff (assistant then Deputy) 1977-86
• Pupillage (Wyn Williams QC, Gerald Price QC) 1986-87
• Tenant at 33 Park Place, Cardiff since 1987
• Head of Chambers March 2005 onwards
• Appointed to the Welsh Assembly Panel of Counsel (Planning and Judicial Review)
• Committee member, Wales Commercial Law Association
• Training Officer, Wales and Chester Circuit Specialist Court Users Association
• Assistant Boundary Commisioner, Wales
