Practice Summary

David has been instructed by developers, local planning authorities and third party objectors on major section 78 appeals (including superstores, airfields, MSAs, gas and oil terminals, wind farms, gypsies, listed buildings and basements) and on enforcement appeals. He has promoted local plans and UDPs on behalf of local authorities. For many years, he was the Department of Transport’s preferred counsel on major highway inquiries. He has appeared in many judicial review cases to quash planning permissions and local plans and in appeals to the High Court and Court of Appeal against planning inspector’s decisions.

David has advised on compulsory purchase issues and has represented the Government, local authorities and objectors at compulsory purchase inquiries.

He has appeared courts at all levels acting both for the defence and the prosecution in prosecutions for breach of enforcement notices, of Tree Preservation Orders and of Stop Notices. As a Recorder, he has tried cases involving prosecutions for breach of planning control.

David has advised on, and appeared in, rating cases.

Other property litigation in which he has been instructed includes conveyancing, easements, restrictive covenants, sale of land, boundaries and probate.

David has been involved in a number of high profile consumer law cases, often involving Part VIII of the Enterprise Act 2002. He is the author of Chapter 3 “Civil Enforcement” of the leading textbook on consumer law “Consumer and Trading Standards Law and Practice”. He lectures regularly on Part VIII enforcement.

Much of David’s work is advisory. He has a well-deserved reputation for the quality of his advice and the speed with which it is returned.

Areas of Experience (Select to add to the CV download)

Planning

David has been practising at the planning bar for over 30 years. He advises and can be instructed on all aspects of environmental and planning law. He has a reputation for delivering concise opinions quickly.

David has been instructed by developers, local planning authorities and third party objectors on major section 78 appeals (including superstores, airfields, MSAs, gas and oil terminals, wind farms, gypsies and container ports). Recently, he has been instructed by a succession of third party objectors on a number of cases involving the construction of basements, including an 8-day inquiry in Hampstead. He has also advised on whether the construction of basements is permitted development and assisted in the drafting of the London Borough of Camden’s basement policy. He also appeared in the Athlone House inquiry for local objectors seeking to resist the demolition of an elegant but unlisted mansion on the fringes of Hampstead Heath.

David has been instructed by developers and local planning authorities on enforcement appeals. For example, he acted for the International Society for Krishna Consciousness in an enforcement inquiry against public worship. Arising out of that case, he subsequently acted for the same party in successfully promoting the construction of a road through the Green Belt to the Society’s premises.

David has been instructed on highway inquiries (mainly by Central Government). They have included the M3 Twyford Down Inquiry; the majority of North Circular Road Inquiries; the A13 Inquiry and the A40 Inquiry.

David has promoted local plans and UDPs for local planning authorities, including the London Borough of Havering, the Royal Borough of Kingston-Upon-Thames, Chelmsford Borough Council and Tendring District Council. He has recently advised Basingstoke and Deane Council on its draft local plan.

He has appeared In the Administrative Court and the Court of Appeal challenging and defending refusals to grant planning permissions and decisions upholding enforcement notices. He has defended local plans in those Courts and has appeared in judicial review proceedings seeking to quash planning permissions.

David has appeared in Magistrates Courts, the Crown Court and in the Court of Appeal (Crim Div) acting both for the defence and the prosecution in prosecutions for breach of enforcement notices, of Tree Preservation Orders and of Stop Notices. As a Recorder, he has tried cases involving prosecutions for breach of planning control.

David has advised on, and appeared in, rating cases, including cases for the London Borough of Enfield. One such case was Enfield LBC v Hutchinson 3G UK Ltd [2013] R.A. 429.

Commercial

David has appeared in the High Court in such cases as: General Mediterranean Holding SA –v- Patel and others (commercial fraud in relation to the sale of companies); ITF International Inc –v- Knight & Hayter-Preston (loan agreements; guarantees; conspiracy to injure alleged against directors of a company); In Re Maxwell Fleet Facilities Limited (In Administration), reported at [2000] 2 All ER 860 (winding up of one of the Maxwell group of companies; regulation 4 of TUPE); Lesser –v- Smithson (accountants’ fees; agreed remuneration; quantum meruit) and Hudson v Hudson (a Petition under Section 459 of the Companies Act 1985 alleging unfair prejudice).

He has drafted commercial agreements including joint venture agreements.
Recently David has been involved in a number of high profile consumer law cases, often involving Part VIII of the Enterprise Act 2002:
Brighton and Hove City Council v Towers (unreported): a High Court case involving “land banking” where David acted for the Local Authority in an enforcement action under Part VIII of the Enterprise Act 2002.

Hertfordshire County Council v Wendy Fair Markets Limited (unreported): a High Court case involving the wide-spread sale of counterfeit goods on markets in London. Again, this was an enforcement action under Part VIII of the Enterprise Act 2002, in which David acted for the Local Authority.

ParkingEye v Beavis [2015] EWCA Civ 402: where the Court of Appeal held that a parking charge was not a contractual penalty. The case is currently on appeal to the Supreme Court.

He is the author of Chapter 3 “Civil Enforcement” of the leading textbook on consumer law “Consumer and Trading Standards Law and Practice” (Third Ed, 2013, Jordans). He lectures regularly on Part VIII enforcement.

David has drafted commercial agreements including joint venture agreements.

Recently David has been involved in a number of high profile consumer law cases, often involving Part VIII of the Enterprise Act 2002:

Brighton and Hove City Council v Towers (unreported): a High Court case involving “land banking” where David acted for the Local Authority in an enforcement action under Part VIII of the Enterprise Act 2002.

Hertfordshire County Council v Wendy Fair Markets Limited (unreported): a High Court case involving the wide-spread sale of counterfeit goods on markets in London. Again, this was an enforcement action under Part VIII of the Enterprise Act 2002, in which David acted for the Local Authority.

ParkingEye v Beavis [2015] EWCA Civ 402: where the Court of Appeal held that a parking charge was not a contractual penalty. The case is currently on appeal to the Supreme Court


Local Government

Over the years, David had advised and appeared for a number of local authorities on a large number of local government issues. His clients have included the London Borough of Camden, the Royal Borough of Kensington & Chelsea, the London Borough of Brent, the London Borough of Redbridge, the London Borough of Havering, the Royal Borough of Kingston-upon-Thames, the City of London, the London Borough of Haringey, the London Borough of Lambeth, the London Fire and Civil Defence Authority, Essex County Council, Corby Borough Council, North Somerset District Council, North Lincolnshire Council, Oxfordshire County Council, Chelmsford District Council and Tendring District Council.

Arbitration

David is a Fellow of the Chartered Institute of Arbitrators. He holds a diploma in International and Comparative Commercial Arbitration (with distinction) from the University of London. He writes regularly for “Arbitration”, the journal of the Chartered Institute.

David has appeared as Counsel in a number of arbitrations. He represented Lonrho in connection with its dispute with Shell, BP and other international oil companies over their breach of UK imposed sanctions against Rhodesia. He has appeared in Rent Review arbitrations and appealed against arbitral awards to the High Court. For example, he appeared in the Commercial Court for a Nigerian Oil Company that was attempting to overturn an unfavourable arbitral award: SHEBAH EXPLORATION AND PRODUCTION COMPANY LIMITED v EXPRESS PETROLEUM AND GAS COMPANY LIMITED.

David is available to sit as an arbitrator (rates given on request). His most recent appointment was in connection with solicitors’ partnership dispute.



Recent Notable Cases

• Ealing LBC v Connors in [2016] JPEL 1100.

• R (Meredith) v Tendring DC & Hutchinson Ports (UK) Ltd (2015, unreported Court of Appeal). David appeared for the Local Authority. The case was an attempt to quash a planning permission granted by the Local Authority for the construction of a large new container port at Harwich. It involved detailed consideration of the Habitats Regulations 2010.

• R. (on the application of TW Logistics Ltd) v Tendring DC & Anglia Maltings Holdings Limited (2015, unreported Court of Appeal). David appeared for the Local Authority. The case was an attempt to quash a planning permission granted by the Local Authority. The issues included detailed consideration of heritage assets, both designated and non-designated.

• R. (on the application of TW Logistics Ltd) v Tendring DC, [2013] EWCA Civ 9; [2013] 2 P&CR 9. In this case, the Local Authority adopted a Conservation Area Management Plan. The issue was whether some of the proposals contained in it were unlawful as being inconsistent with the adopted local plan. David acted for the Local Authority and successfully resisted the CAMP being quashed.

• R (on the application of East of England Co-operative Society Limited) v Tendring DC & Tesco Limited (2012, unreported Admin Court). David appeared for the Local Authority. This was an unsuccessful attempt to quash a planning permission for a town centre supermarket granted by the Local Authority.

• Mid Beds Model Aircraft Club v Sec of State for Communities & Local Government [2009] EWHC 681 (Admin). This case was an appeal against a planning inspector's decision upholding a refusal of a planning application for a temporary change of use of land from agriculture to recreation for the purpose of model aircraft flying.
• R (Wilson Dyer Gough) v Sec of State for Communities & Local Government [2008] EWHC 3188 (Admin). This was an application to quash the Secretary of State's refusal of listed building consent for works involving the replacement of an existing shop front with a domestic window. The property, which was situated in a conservation area, was a 17th century stone-built house with 18th century sash windows.

• R (Hampstead & Heath Society) v London Borough of Camden [2007] 2 P&CR 19. In this case, David successfully appeared for the third party objector on an application to quash planning permission for a replacement dwelling on Metropolitan Open Land. The case is leading authority on the meaning of the words “materially larger” that appear in the current Green Belt advice in the NPPF.

• General Mediterranean Holding SA –v- Patel and others (commercial fraud in relation to the sale of companies)

• ITF International Inc –v- Knight & Hayter-Preston (loan agreements; guarantees; conspiracy to injure alleged against directors of a company)

• In Re Maxwell Fleet Facilities Limited (In Administration), reported at [2000] 2 All ER 860 (winding up of one of the Maxwell group of companies; regulation 4 of TUPE)

• Lesser –v- Smithson (accountants’ fees; agreed remuneration; quantum meruit)

• Hudson v Hudson (a Petition under Section 459 of the Companies Act 1985 alleging unfair prejudice).



Publications

• “Agricultural Workers’ Dwellings in the Countryside” - The Bulletin of the Agricultural Law Association Issues 44 and 45 Spring and Summer 2006

• “Dealing with an Agricultural Occupancy Condition” – Farm Law 2006, 118, 16-20

• “Planning Update: PPS7: Sustainable development in rural areas” – The Bulletin of the Agricultural Law Association Issue 40 Spring 2005

• “Planning Update: Planning for Travellers – the saga continues” - The Bulletin of the Agricultural Law Association Issue 39 Winter 2004/05

• “Selection Criteria: Jivraj v Hashwani” – (2009) 75 Arbitration 575

• “The Anti-Suit Injunction: Historical Overview” – (2009) 75 Arbitration 327

• “Time Limits for Appealing Against or Challenging an Arbitral Award in England and Wales” – (2008) 74 Arbitration 360

• “Arbitration in England and Wales and the European Convention on Human Rights: Should Arbitrators be Frightened?” – (2007) 73 Arbitration 262

• “Reserving the Award of Costs to a Subsequent Award” – (2006) 72 Arbitration 288

• “Public or Private Judgments – Some Further Thoughts on Dept of Economic Policy and Development of the City of Moscow v Bankers Trust Co” – (2005) 71 Arbitration 179

• “Multi-Tier Dispute Resolution” – (2005) 71 Arbitration 103

• Commercial and Mercantile Courts Litigation Practice (2004, Jordans) – I wrote the Arbitration chapter and was Precedents Editor

• “Currency: a Further Comment on Lesotho Highlands Development Authority v Impregilo Spa” – (2004) Arbitration 167

• “Beth Din Freezing Order: Kastner v Jason” – (2004) 70 Arbitration 248

• “The Arbitrator’s Power to Award Interest” – (2004) 70 Arbitration 108

• “Incorporation and Stay: Welex v Rosa on Appeal” – (2004) 70 Arbitration 56

• “Security for Costs” – (2003) 69 Arbitration 81 – 89

• “The Environmental Information Regulations 2004 – An Update”: [2010] JPEL 310

• “The Planning Bill” – RICS Land Journal November 2008

• “Are Polytunnels Development?” – Farm Law 2008, 140, 18-20

David is the author of Chapter 3 “Civil Enforcement” of the leading textbook on consumer law “Consumer and Trading Standards Law and Practice” (Third Ed, 2013, Jordans). He lectures regularly on Part VIII enforcement.

  • MA (Trinity College, Dublin)
  • Diploma in Criminology (Clare College, Cambridge)
  • Sometime Teaching Fellow of Osgood Hall Law School, Toronto, Canada
  • Diploma in International Commercial & Comparative Arbitration (with Distinction) (Queen Mary College, University of London)
  • Member of the Planning & Environment Bar Association
  • Fellow of the Chartered Institute of Arbitrators

David is available to be appointed to sit as an arbitrator

David welcomes direct public access under the Bar Council’s public access scheme.

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