John Howell QC

John's practice has spanned a wide range of public law for both claimants and defendants including human rights, constitutional law, immigration/ asylum, local government (including local government finance), liability of public bodies and their officers, public procurement, social services and social security and environment law. He appears in the High Court, Court of Appeal and Supreme Court.

General:

• Al-Rawi and others v the Security Services and others [2011] UKSC 34, [2011] 3 WLR 388
  Represented Justice and Liberty in case to determine whether a court has power to order a “closed material” procedure in a claim for damages.
• Home Office v Tariq [2011] UKSC 35, [2011] 3 WLR 322
  Represented Justice and Liberty in case to determine whether a statutory “closed material” procedure was compatible with article 6 of the ECHR
• R (D & S) v Manchester City Council [2012]  EWHC 17 (Admin)
  Represented the City Council in resisting claim to quash its budget and council tax for the year, and to quash its subsequent decision to change its Adult Social Care offer, on the ground that it had failed to comply with its obligations under public sector equality duties.
• R (Milner) v South Central Strategic Health Authority [2011] EWHC 218, [2011] PTSR D27
  Represented the Health Authority in response to a claim that its decision that water should be floridated was unlawful.
• R (Bary) v the Secretary of State for Justice [2010] EWHC 587 (Admin)
  Represented the Secretary of State and the Governor of a High Security prison in case to determine whether the isolated conditions in which foreign nationals were detained pending removal or extradition were compatible with their rights under articles 3 and 8 of the ECHR.
• R (Companies in the Stagecoach Group) v the Secretary of State for Transport [2010] EWHC 223 (Admin), [2010] 3 CMLR 8, [2010] Eu LR 505
  Represented the bus companies in judicial review seeking to determine the basis on which, and the method by which, bus companies were to be compensated for having to provide fare concessions to certain passengers.
• R(A) v Croydon LBC [2009] UKSC 8; [2009] 1 WLR 2557
  Represented claimant in case to determine whether, in a case in which there is a dispute about whether an individual is under 18 (and thus whether a local authority is under a duty to provide him with accommodation as a child under section 20 of the Children Act 1989), it was for the court to determine for itself that individual’s age on the merits or whether it was for the court to review the local authority’s decision on Wednesbury grounds. The case also involved consideration of whether rights to non-pecuniary benefits were “civil” rights for the purpose of article 6 of the ECHR.
• R (RMP) v Brent LBC and others [2009] EWCA Civ 490
  Represented RMP in claim that Brent had no power under section 2 of the Local Government Act 2000, or section 111 of the Local Government Act 1972, to become a member of the London Authorities Mutual Insurance Company or to provide it with financial assistance.
• Isle of Anglesey County Council and the Crown Estate Commissioners v the Welsh Ministers and others [2009] EWCA Civ 94; [2009] 3 WLR 813
  Represented the Claimants in a claim impugning the vires of an order creating a right of several fishery and seeking to establish whether it prevented the construction of a marina if valid. 
• R (RJM) v the Secretary of State for Work and Pensions [2008] UKHL 63; [2009] 1 AC 311
  Represented Secretary of State in case on whether a person may impugn a statutory criterion for a benefit which he does not satisfy on the ground that it is incompatible with article 14 of the ECHR and whether criterion for disability benefit involved discrimination.
• R (M) v Slough BC [2008] UKHL 52; [2008] 1 WLR 1808
  Represented Slough in case on the meaning of “care and attention” in section 21(1)(a) of the National Assistance Act 1948, when a person has such a need and whether it has arisen solely from destitution.
• R (TC Projects Ltd) v Newcastle JJ and others [2008] EWCA Civ 428
  Represented claimant in claim to establish basis upon which casino licences might be refused under the Gaming Act 1968.
• Couronne and others and Bontemps and others v the Secretary of State for Work and Pensions [2007] EWCA Civ 1086; [2008] 1 WLR 2762
  Represented the Secretary of State in case to determine whether the habitual residence test for social security benefits involved indirect discrimination under the Race Relations Act 1976 and the EC Race Directive or discrimination for the purpose of article 14 of the ECHR.
• R (Bancoult) v the Foreign Secretary [2007] EWCA Civ 498, [2008] QB 365
  Represented Foreign Secretary in judicial review impugning Orders in Council made in the exercise of the Royal Prerogative providing a new constitution for the British Indian Ocean Territory and for immigration control, denying anyone a right of abode in that Territory. Case involves whether (and the extent to which and on what grounds if any) the exercise of Her Majesty’s constitutive and legislative powers for overseas territories may be the subject of judicial review. 

Environmental:

• R (Boggis) v Natural England [2009] EWCA Civ 1061; [2010] 1 All ER 159; [2010] Env LR 13
  Represented Natural England in case in which it was claimed that there was no power to notify an area as a site of special scientific interest where erosion was required to maintain the feature of interest it contained and whether notification involved a plan which might require appropriate assessment under the Habitats Directive.
• R (Wandsworth LBC and others) v the Secretary of State for Transport [2008] EWHC 1292 (Admin)
  Represented the Secretary of State for Transport in a claim impugning the regime he had decided to institute to control noise from aircraft arriving at, and leaving from, Heathrow at night.
• R (OSS Group Ltd) v the Environment Agency [2007] EWCA 611
  Represented the Environment Agency in test case on whether (and if so when) waste materials may be recovered and cease to be waste before being burnt (and thus exempt from the requirements of the Waste Incineration Directive).
• R (Western Power Distribution Ltd) v Countryside Commission for Wales [2007] EWHC 50 (Admin)
  Represented the Countryside Commission in challenge to notification and confirmation of a Site of Special Scientific Interest considering the basis upon which the opinion that the area was of special interest may be formed when comprehensive scientific data on relative interest of different sites absent.

Public Procurement:

• Harrow LBC v Risk Management Partners [2011] UKSC 7, [2011] 2 AC 34
  Represented RMP in claim whether Brent was able to rely on the "Teckal" exemption in order not to expose the award of a contract of insurance to a mutual insurance company of which it was a member to competition.
• J Varney and Sons Ltd v Hertfordshire CC [2011] EWCA Civ 708
  Represented the County Council in resisting a claim that its procurement failed to comply with the principle of transparency.
• Countryliner Ltd v Surrey CC [2011] EWCA Civ 373
  Represented the County Council in resisting a claim that its procurement of bus services did not comply with the Public Contracts Regulations 2006.
• Alstom Transport v Eurostar and Siemens [2011] EWHC 1828 (Ch)
  Represented Siemens in resisting claim that its contract with Eurostar was ineffictive under the Utilities Contracts Regulation 2006. 
• Alstom Transport v Eurostar and Siemens [2010] EWHC 2747 (Ch) [2011] Eu LR 229
  Represented Siemens in a claim for injunction to stop the award of a contract for the provision of new trains for Eurostar. 
• R (Law Society) v Legal Services Commission and Dexter Montague & Partners v Legal Services Commission [2007] EWCA Civ 1264; [2008] QB 737
  Represented Law Society and Dexter Montague in claims as to whether the powers which the Legal Services Commission has reserved to enable it to amend its Unified Contract with legal aid practitioners unilaterally was compatible with the principle of transparency in public procurement. 

• Colonel Munjaz v Mersey Care NHS Trust [2006] 2 AC 148 HL
  Represented the hospital management in a case on what the state and hospital authorities respectively are required to do to secure that the use of seclusion in mental hospitals is compatible with the Convention rights of patients under articles 3, 5 and 8.
• R (K) v West London Mental Health NHS Trust [2006] EWCA Civ 118, [2006] 1 WLR 1865
  Represented Trust in case on the respective powers of a detained mental patient’s RMO and the Secretary of State and the Trust as to what services that patient was to receive and where.
• Oakley Inc v Animal Ltd [2006] Ch 337 CA
  Represented the claimant in case defining the scope of the powers conferred under the European Communities Act 1972 to amend primary legislation by subordinate legislation in connection with European law.
• R (Trailer& Marina Ltd) v the Secretary of State for the Environment, Food and Rural Affairs and English Nature [2005] 1 WLR 1267 CA
  Represented the Secretary of State and English Nature in case on the circumstances in which restrictions on the use of land imposed without compensation may be compatible with A1P1.
• R (European Roma Rights Centre and others) v the Immigration Officer at Prague and the Home Secretary [2005] 2 AC 1 HL
  Instructed by Respondents in case on whether asylum seekers abroad in a country in which they fear persecution may be refused leave to enter this country and on whether the operation at Prague Airport involved direct racial discrimination.
• Hinchey v the Secretary of State [2005] UKHL 16, [2005] 1 WLR 967 HL
  Instructed by claimant in case concerning when the Secretary of State may recover overpaid benefit o the ground that the individual had “failed to disclose” a decision of the Secretary of State taken in one office to another.
• The Chagos Islanders v the Attorney General and the Commissioner for the British Indian Ocean Territory [2004] EWCA Civ 997; [2003] EWHC 2222 (QB)
  Instructed by the Crown in relation to claims brought by over 5,000 individuals claiming to be aggrieved by the closure of the plantations and the departure of those living on Diego Garcia and other atolls in the Chagos Archipelago in the period 1967-1973 and the prevention of their subsequent return. Their claims against the Secretary of State for Foreign Affairs and the Commissioner are were for misfeasance in public office, unlawful exile, interference with their property rights and fundamental rights under the Mauritian Constitution, and in deceit.
• Sepet and Bulbul v Secretary of State [2003] UKHL 15, 1 WLR 86 HL
  Case on whether punishment for refusal to perform military service on grounds of principle or conscientious objection constituted persecution for the purpose of the refugee convention.
• R v Barnet LBC ex p G, R v Lambeth ex p Walker [2003] UKHL 57, [2004] 2 AC 208 HL
  Instructed by two claimants in claims raising the question of the nature of the duties of local social services authorities under section 17 of the Children Act 1989.
• R v Secretary of State for the Environment Transport and the Regions ex parte Holdings & Barnes plc; ex parte Premier Leisure; ex parte Alconbury Developments Ltd; v General Assurance Society  [2001] UKHL 23, [2003] 2 AC 295 HL
  Acted as amicus curiae in this case concerning the compatibility of compulsory purchase and other related procedures with article 6 of the ECHR.
• R (on the application of Westminster City Council) v National Asylum Support Service [2002] UKHL 38, [2002] 1 WLR 2956 HL
  Instructed by the Secretary of State in a case involving determining the respective responsibilities of social service authorities and the national asylum support scheme for asylum seekers who are also in need of care and attention.
• Magill v Dame Shirley Porter and Weeks [2001] UKHL 67, [2002] 2 AC 357 HL
  Appeared on behalf of the Auditor on this successful appeal to reinstate a certificate requiring the former Leader and Deputy Leader of Westminster City Council, Dame Shirley Porter and Mr. Weeks, to pay £26.5 million.   The case dealt with standards of conduct required of members of local authorities and the role of electoral considerations in decision-making. It established the test for bias/ lack of impartiality, and whether surcharge involved a criminal charge, for the purpose of Art 6 ECHR.
• Horvath v Secretary of State [2001] 1 AC 489 HL
  Acted on behalf of the Secretary of State in this asylum appeal made by a Slovakian Roma who had claimed asylum in the UK from persecution by skinheads in Slovakia. This case establishes the test for asylum where a fear of attack by non-state agents is alleged.

John has dealt with EU law in a number of areas including public procurement, the environment and social security.

• Harrow LBC v Risk Management Partners [2011] UKSC 7, [2011] 2 AC 34
  Represented RMP in claim whether Brent was able to rely on the "Teckal" exemption in order not to expose the award of a contract of insurance to a mutual insurance company of which it was a member to competition.
• J Varney and Sons Ltd v Hertfordshire CC [2011] EWCA Civ 708
  Represented the County Council in resisting a claim that its procurement failed to comply with the principle of transparency.
• Countryliner Ltd v Surrey CC [2011] EWCA Civ 373
  Represented the County Council in resisting a claim that its procurement of bus services did not comply with the Public Contracts Regulations 2006.
• Alstom Transport v Eurostar and Siemens [2011] EWHC 1828 (Ch)
  Represented Siemens in resisting claim that its contract with Eurostar was ineffictive under the Utilities Contracts Regulation 2006. 
• Alstom Transport v Eurostar and Siemens [2010] EWHC 2747 (Ch) [2011] Eu LR 229
  Represented Siemens in a claim for injunction to stop the award of a contract for the provision of new trains for Eurostar.
• R (Companies in the Stagecoach Group) v the Secretary of State for Transport [2010] EWHC 223 (Admin),[2010] 3 CMLR 8, [2010] Eu LR 505
  Represented the bus companies in judicial review seeking to determine the basis on which, and the method by which, bus companies were to be compensated for having to provide fare concessions to certain passengers under EC Regulation 1191/69.
• R (Boggis) v Natural England [2009] EWCA Civ 1061; [2010] 1 All ER 159; [2010] Env LR 13
  Represented Natural England in case on whether notification involved a plan which might require appropriate assessment under the Habitats Directive.  
• R (Law Society) v Legal Services Commission and Dexter Montague & Partners v Legal Services Commission [2007] EWCA Civ 1264; [2008] QB 737
  Represented Law Society and Dexter Montague in claims as to whether the powers which the Legal Services Commission has reserved to enable it to amend its Unified Contract with legal aid practitioners unilaterally was compatible with the principle of transparency in public procurement.
• Couronne and others and Bontemps and others v the Secretary of State for Work and Pensions [2007] EWCA Civ 1086; [2008] 1 WLR 2762
  Represented the Secretary of State in a case on the applicability of the EC Race Directive and Article 13 of the EC Treaty.
• R (OSS Group Ltd) v the Environment Agency [2007] EWCA 611
  Represented the Environment Agency in test case on whether (and if so when) waste materials may be recovered and cease to be waste before being burnt (and thus exempt from the requirements of the Waste Incineration Directive).

• Oakley Inc v Animal Ltd [2006] Ch 337 CA
  Represented the claimant in case defining the scope of the powers conferred under the European Communities Act 1972 to amend primary legislation by subordinate legislation in connection with European law.
• Case C-440/00 R v Environment Agency ex p Mayer Parry Recycling Ltd [2003] ECJ
  Instructed by Environment Agency in first case on the Packaging Waste Directive dealing with whether scrap metal remained “waste”.

VAT registration number:  245733554