John Howell QC
- Called to Bar:
- 1979
- Appointed to silk:
- 1993
- Practice areas:
- Degree:
- BA Hons (Oxon)
Areas of Practice:
John’s practice spans a broad range in the public law arena, including judicial review, local government (incorporating local government finance), human rights, education, environmental, social services and immigration/asylum law.
Directory entries:
John Howell QC is recognised by both the leading independent legal directories, The Legal 500 2007 and Chambers UK 2008, as a leading silk in administrative & public and environment law. Chambers UK also ranks John for human rights and local government and Legal 500 recognises him as a leading planning law silk.
“Exceptionally bright and effective” John is described as being “particularly good at getting to grips with factually complex matters and those cases resting on issues of statutory interpretation”.
Described as “a big hitter”, “exceptionally bright” and “a deep, deep thinker who is fully immersed in his subject”, the “uber-intelligent”, John “fully justifies his star billing”. He is “an intellectual force to be reckoned with”, and “superb with clients”. John is also rated by clients as being “always on the ball, no one will argue that he isn’t one of the best”.
In previous years directories John has been described as “dauntingly clever”…“intellectually brilliant”…”fantastically successful”…“one of the cleverest men at the bar” and “a brilliant mind you would definitely want on your side in court”. He has been described as a “foremost authority on local government finance” and “one of the leading lights” at the Bar.
Professional Experience
In 2008 John Howell QC was appointed to sit as a Deputy High Court Judge in the Queen’s Bench Division, including in the Administrative Court.
Public Law and Human Rights
Constitutional law:
R (Bancoult) v the Foreign Secretary [2007] EWCA Civ 498, 3 WLR 768
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.
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.
Gulshen Gingi v the Secretary of State [2002] 1 CMLR 587 CA
Represented claimant in case to determine whether the same enactment could have different meanings in cases in which EC law applied from that which it had in case where it did not.
Human Rights:
Couronne and others and Bontemps and others v the Secretary of State for Work and Pensions [2007] EWCA Civ 1086
Represented the Secretary of State in a case on the applicability of the EC Race Directive and Article 13 of the EC Treaty.
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 the operation at Prague Airport involved direct racial discrimination.
Sepet and Bulbul v the Secretary of State [2003] UKHL 15, [2003] 1 WLR 856 HL
Acted for Secretary of State in case on whether there was any right to conscientious objection to military service.
The Chagos Islanders v the Attorney General and the Commissioner for the British Indian Ocean Territory [2004] EWCA Civ 997; [2003] EWHC 2222 (QB)
Acted for Respondents in a case determining whether there is a tort of unlawful exile.
article 3 ECHR:
Colonel Munjaz v Mersey Care NHS Trust [2006] 2AC 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.
article 6 ECHR:
Magill v Dame Shirley Porter and Weeks [2001] UKHL 67, [2002] 2 AC 357 HL
Represented the District Auditor in a case which established the test for bias/ lack of impartiality, and whether surcharge involved a criminal charge, for the purpose of Art 6 ECHR.
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, 2 All ER 929 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 (Adlard) v the Secretary of State [2002] EWCA Civ 735; 1 WLR 2515 CA
Acted for the Secretary of State in a case concerning the compatibility of decision making by local authorities with article 6 of the ECHR when granting planning permission in cases which are said to involve disputes of fact.
R (Aggregate Industries) v English Nature and the Secretary of State [2003] Env LR 3
Instructed by English Nature in case determining whether the procedure for notifying areas of special scientific interest was compatible with article 6 of the ECHR.
article 8 ECHR:
Couronne and others and Bontemps and others v the Secretary of State for Work and Pensions [2007] EWCA Civ 1086
Represented the Secretary of State in a case on whether social security benefits fall within the ambit of article 8.
Samaroo and Sezek v Secretary of State [2001] EWCA Civ 1139
Represented the Secretary of State in a case on deportation involving the test which a decision maker should apply when considering whether an interference with a persons rights under Art 8 of the ECHR is necessary in a democratic society and the test to be applied by the court in determining whether there is a breach of that Article in the convention.
Secretary of State for the Home Department v Peter Isiko & Ors [2001] Imm AR 291, The Times 20th December 2000 CA
Instructed by the Secretary of State in a case on the test for identifying whether an interference with the right to respect for family life conferred by Article 8 of the ECHR may be regarded as disproportionate.
R (on the application of Hunter) Ashworth Hospital Authority [2001] EWHC Admin 872, 64 BMLR 124
Instructed by the hospital in case concerning the refusal of condoms to detained patients and its compatibility with their rights under the ECHR.
article 14 ECHR:
Couronne and others and Bontemps and others v the Secretary of State for Work and Pensions [2007] EWCA Civ 1086
Represented the Secretary of State in a case on whether the habitual residence test for social security benefits was incompatible with article 14
Carson v the Secretary of State and Reynolds v the Secretary of State [2006] 1 AC 173
Represented the Secretary of State in two cases in the House of Lords on whether differences of treatment in respect of pensions and jobseeker’s allowances based on place of residence and age respectively were incompatible with article 1 of the First Protocol and article 14.
Jan Michalak v Wandsworth LBC [2002] EWCA Civ 271
Instructed by the Secretary of State in a case involving the compatibility of the provisions for succession to secure tenancies with articles 8 and 14 of the ECHR.
article 1 of the First Protocol:
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 A1P.
R (Fisher) v English Nature [2005] 1 WLR 147
Instructed by English Nature in case on the compatibility of a SSSI notification with article 1.
Public Procurement & PFI:
Risk Management Partners Ltd v Brent LBC and others [2008] EWHC 1094 (Admin)
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.
R (Law Society) v Legal Services Commission and Dexter Montague & Partners v Legal Services Commission [2007] EWCA Civ 1264
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.
R (Gamesa Energy Ltd UK) v National Assembly for Wales [2006] EWHC 2167 Admin
Instructed on behalf of the claimant in a challenge to the procurement exercise conducted by the National Assembly to chose a person to develop wind farms on forestry land owned by the Assembly; advising the Home Office on the procurement of an information system; advising on the procurement requirements in connection with airport expansion at Luton Airport.
R (on the application of Transport for London) v London Underground (2002)
Appeared on behalf of London Underground in case in which claimants contended that the proposed PPP arrangements were unlawful having regard to the rules relating to public procurement.
R (on the application of Transport for London) v London Underground [2001] EWHC Admin 637
Appeared for London Underground dealing with the question of whether proposed PPP arrangements were lawful given the transport strategy for London adopted by the Mayor, Ken Livingstone.
Local Government:
R (RMP) v Brent LBC and others [2008] EWHC 692 (Admin)
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.
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.
Hazell v Hammersmith and Fulham London Borough Council [1992] 2 AC 1 HL
Instructed on behalf of the Auditor in a case establishing that interest rate swap transactions were unlawful. The case dealt with important issues concerning the extent of local government powers in connection with financial transactions and is a leading case on the subject.
Credit Suisse v Allerdale Borough Council [1997] QB 362 CA
Instructed by the respondent Council in this case dealing with the extent of local government powers to give a guarantee and to establish a company. The case also concerned the enforceability of agreements made unreasonably or for an improper purpose by a local authority.
Nipa Begum v Tower Hamlets London Borough Council [2000] 1 WLR 306 CA
Instructed on behalf of claimant in this case dealing with the rights of the individual in homelessness cases and the extent of the duty of a local authority to investigate their circumstances.
R v Secretary of State for the Environment ex parte Camden Borough Council [1998] 1 WLR 615, (1998) 1 All ER 938 HL
Instructed by the Council in this challenge to the Department of the Environment’s decision concerning the calculation of the Housing Revenue Account Subsidy.
R v Brent LBC ex p O’Malley, R v Secretary of State ex p Walters [1998] 10 Admin LR 265 CA
Instructed by the applicants in two cases relating to the treatment of capital receipts, the scope of the power to provide financial assistance in relation to the provision of housing, the application of directives relating to public procurement and consultation in connection with the transfer of a local authority housing estate.
R v the Secretary of State for the Environment ex p Enfield LBC and others [1994] 92 LGR 525 HL
Instructed by a number of local authorities in relation to a challenge to the Secretary of State’s decision that Housing Revenue Account Subsidy was not payable.
Allsop v North Tyneside MBC [1992] ICR 639 CA
Instructed by the Auditor in a case involving the legality of enhanced severance payments for local authority employees.
R v Governors of the Bishop Challoner Roman Catholic Comprehensive Girl’s School ex parte Choudhury and Purkayastha [1992] 2 AC 182 HL
Acted for the applicants in this case dealing with school admission policies for religious schools.
R v the Secretary of State ex p Hammersmith and Fulham LBC [1991] 1 AC 521 HL
Instructed by a number of local authorities in relation to a challenge to the Secretary of State’s decision to cap their community charge.
Community Care and Social Services:
R (M) v Slough BC [2006] EWCA Civ 655
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 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 (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.
R (W) v Lambeth LBC [2002] EWCA Civ 735, 2 All ER 901 CA
Instructed by applicant in a case determining whether a local social service authority has power to provide accommodation for a child together with his parent under Part III of the Children Act 1989 and whether an earlier decision of the Court of Appeal in A (2001) EWCA Civ 1624 was per incuriam.
Medical and Mental Health:
R (Otley) v Barking & Dagenham NHS PCT [2007] EWHC 1927 (Admin)
Represented claimant in case on whether a Primary Care Trust had lawfully refused to fund treatment for cancer with a particular drug.
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.
Colonel Munjaz v Mersey Care NHS Trust [2006] 2AC 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.
Social Security:
Couronne and others and Bontemps and others v the Secretary of State for Work and Pensions [2007] EWCA Civ 1086
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.
B v Secretary of State [2005] EWCA Civ 929, [2005] 1 WLR 3796 CA
Represented claimant in case on whether benefit was recoverable from a person who is unable to understand that she had to report a particular fact on the ground that she had “failed to disclose it”.
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.
Anufrijeva v the Secretary of State [2003] UKHL 36, [2004] 1 AC 604 HL
Case on when a determination of an asylum claim may be made by the Home Secretary for the purposes of income support.
Secretary of State v Hourigan [2002] EWCA Civ 1890, [2003] 1 WLR 608 CA
Instructed by the Claimant’s personal representative in case involving the construction of the provisions for determining the amount of jointly held capital that a claimant may be treated as having for the purpose of a number of social security benefits.
Howker v the Secretary of State and the Social Security Advisory Committee [2002] EWCA Civ 1623
Instructed by the Social Security Advisory Committee in a case involving the legal consequence for social security regulations of the Secretary of State giving the Committee incorrect information.
Gulshen Gingi v the Secretary of State [2002] 1 CMLR 587 CA
Instructed by claimant in a case considering whether the decision of the House of Lords on the meaning of ‘habitual residence’ in social security legislation in Nessa v CAO is compatible with European law.
Chief Adjudicating Officer v A P Wolke [1997] 1 WLR 1640 HL
Instructed on behalf of the claimant; argued that a Dutch mother living on her own was entitled to income support and that the Secretary of State’s letter to EC nationals stating that they should make arrangements to leave the UK did not amount to a requirement to leave the UK given European law concerning the free movement of individuals.
Chief Adjudication Officer v Steane [1995] 1 WLR 1195 HL; Chief Adjudication Officer v Quinn [1995] 1 WLR 1184 HL
Instructed by the Chief Adjudication Officer in these two cases in relation to the arrangements which can be made by local authorities under Part III of the National Assistance Act 1948 and various matters relating to social security benefits.
Immigration/Asylum:
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.
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.
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.
Samaroo and Sezek v Secretary of State [2001] EWCA Civ 1139
Represented the Secretary of State in a case on deportation involving the test which a decision maker should apply when considering whether an interference with a persons rights under Art 8 of the ECHR is necessary in a democratic society and the test to be applied by the court in determining whether there is a breach of that Article in the convention.
Environmental / Planning:
R (Richmond LBC and others) v the Secretary of State for Transport [2008]
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.
R (Boggis) v Natural England
Representing Natural England in challenge to decision to confirm notification of a site of special scientific interest where erosion required to maintain a feature of interest would also lead to collapse of homes into the sea.
R (Trailer& Marina Ltd) v the Secretary of State for the Environment, Food and Rural Affairs and English Nature [2005] 1 WLR 1267 CA
Successfully represented the Secretary of State and English Nature in case on the compatibility of the new regime governing sites of special scientific importance with Convention rights.
R (Fisher) v English Nature [2005] 1 WLR 147 CA
Instructed by English Nature in case relating to the interrelationship between a proposed Special Protection Area and a site of special scientific interest, the transposition of the Birds Directive and what constitutes an area of special interest.
R (Aggregate Industries) v English Nature and the Secretary of State [2003] Env LR 3
Instructed by English Nature in case determining whether confirmation of an area of “temporary habitat” as an area of special scientific interest was lawful.
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”.
Environment Agency v Hillridge Ltd and others [2003] EWHC 3023 (Ch)
Instructed by the Environment Agency in case of the use to which financial provision made by a company pursuant to a waste management licence should be put following the insolvency of that company.
AG’s Reference No 5. of 2001 [2001] EWCA Crim 1077 CA
Instructed on behalf of the Attorney General in case concerning the correct construction of the term “waste” in the Waste Framework Directive.
JA Pye (Oxford) Ltd v South Gloucestershire DC and others (2001) EGCS 47 CA
Instructed by local authorities in a case to determine whether it was a precondition for the validity of an agreement under section 52 of the Town and Country Planning Act 1971 (now section 106 of the 1990 Act) that its terms should reasonably relate to any proposed development.
R v Rochdale MBC ex p Tew [1999] 3 PLR 74 and ex p Milne [2001] Env LR 406 (QBD)
Instructed by Applicants in two cases relating to what information is required to be supplied to comply with the Environmental Assessment Regulations
R v North West Leicestershire District Council & anr ex parte Moses [2000] Env LR, (2000) EGCS 55 CA
Instructed by the second respondents, East Midlands Airport, in this case concerning planning consent for a runway extension; also raising issues of European law relating to environmental assessment and whether time limits could be applied in the event of a failure to comply with a European obligation.
R v Secretary of State for the Environment, Transport and the Regions ex parte Alliance against the Birmingham Northern Relief Road & ors [1999] Env LR 447
Instructed by the claimants in case establishing what constitutes information relation to the environment and the approach which the Court should adopt in considering a complaint in relation to a failure to provide such information.
Newport Borough Council v Secretary of State [1998] 1 PLR 47 CA
Instructed by local authority in case concerning the relevance of public fears in determining applications for planning permission
British Railways Board v the Secretary of State [1993] 3 PLR 125 HL
Instructed by the Secretary of State in a case involving the validity of a condition which had no reasonable prospect of fulfilment within the life of the permission.
Professional Regulation and discipline:
Ruscillo v Council for the Regulation of Health Care Professionals; Truscott v the Council for the Regulation of Health Care Professionals [2004] EWCA Civ 1356
Instructed by the Council in these two appeals to determine (a) whether the Council may appeal against the acquittal of a health care practitioner on disciplinary charges by his own professional body and (b) the test which the court should apply in determining any appeal by the Council under Part 2 of the NHS Reform and Health Care Professionals Act 2002.
Council for the Regulation of Health Care Practitioners v GMC and Leeper [2004] EWHC 1850 (Admin) and Council for the Regulation of Health Care Practitioners v GMC and Mulhem (2004) Dec 13th
Represented the Council in these two separate appeals against decisions by the GMC’s Professional Conduct Committee.
Other cases
Liability of public bodies and their officers:
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.
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.
W v Home Office [1997] Imm AR 302 (CA)The Times 14th March 1997, ILR 19/3/97 CA
Instructed on behalf of the Home Office in this case concerning the liability of immigration officers for negligence.
Percy v Hall [1997] QB 924 CA
Instructed by the Treasury Solicitor on behalf of MOD policemen in this case concerning their liability for false imprisonment when making an arrest under an allegedly invalid bylaw.
West Wiltshire District Council v Garland [1996] Ch 297 CA
Instructed by local authority in a case establishing the liability of their auditor for negligence.
Miscellaneous:
R (TC Projects Ltd) v Newcastle JJ and others [2008] EWCA Civ 428
Represented claimant in claim to establish basis upon which casino licences were to be refused under the Gaming Act 1968.
Isle of Anglesey County Council and the Crown Estate Commissioners v the Welsh Ministers and others [2008] EWHC 921
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 (TC Projects Ltd) v Newcastle JJ [2006] EWHC 1018 (Admin)
Represented claimant in case on correct test to apply where there is a failure to comply with a procedural requirement in making an application for a casino licence.
Percy v Hall [1997] QB 924 CA
This case concerned the test for invalidity in public law on the ground for uncertainty.
Aitken v South Hams District Council [1995] 1 AC 262 HL
Instructed by the District Council in this environmental law case concerning the effect of repeal of an empowering provision on a statutory notice in the light of the Interpretation Act 1978.
Tower Hamlets London Borough Council v Chetnik Developments Ltd [1988] 1 AC 858 HL
Instructed by a ratepayer in relation to the propriety of a local authority’s refusal to refund an overpayment of rates. Leading case on the purposes for which statutory powers may be used.
EU and Competition
John has dealt with EU law in a number of areas including public procurement, the environment and social security.
Current and recent work
Risk Management Partners Ltd v Brent LBC and others [2008] EWHC 1094 (Admin)
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.
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 (Law Society) v Legal Services Commission and Dexter Montague & Partners v Legal Services Commission [2007] EWCA Civ 1264
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
Represented the Secretary of State in a case on the applicability of the EC Race Directive and Article 13 of the EC Treaty.
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”.
R v Searby [2003] EWCA Crim 1910
Instructed on appeal in a case on the availability of EU law defences to criminal proceedings.
Gulshen Gingi v the Secretary of State [2002] 1 CMLR 587 CA
Represented claimant in case to determine whether the same enactment could have different meanings in cases in which EC law applied from that which it had in case where it did not and whether the decision of the House of Lords on the meaning of ‘habitual residence’ in social security legislation in Nessa v CAO was compatible with European law.
R (on the application of Transport for London) v London Underground (2002)
Appeared on behalf of London Underground in case in which claimants contended that the proposed PPP arrangements were unlawful having regard to the rules relating to public procurement.
