Landmark Chambers

James practices in planning, environmental law, and public law. His practice regularly encompasses retained/ assimilated EU law and international law. James was called to the Bar of England and Wales in 1996, and the Bar of Northern Ireland in 2009.

Planning law

James’s planning practice encompasses all aspects of planning including advisory, advocacy at inquiries and hearings and advocacy in the Higher Courts. He has considerable experience of Development Plan examination hearings. His practice also encompasses compulsory purchase and compensation, harbours, highways, rights of way, commons registration and village greens (both inquiries and in the Higher Courts).

Environmental law

James’s environmental law practice is wide-ranging, covering matters such as habitats and species protection, contaminated land, air quality, waste, access to environmental information, statutory and common law nuisance and all aspects of environment impact assessment, strategic environmental assessment and environmental permitting. He has considerable expertise in climate change litigation. He has also been involved in cases concerning marine environmental issues. He regularly advises and engages in cases concerning access to environmental information. He has also appeared many times before the UNECE Aarhus Compliance Committee in Geneva.

Public law

His public law practice is very wide ranging. He has appeared in a number of high-profile public law cases including:

• R (Sharon Shoesmith) v Ofsted and Others [2011] 1459

• R (Bradley and others) v Secretary of State for Work & Pensions [2009] 114

• Ken Livingstone v Adjudication Panel for England [2006] 45

• R v. Bow Street Magistrate, ex p. Pinochet Ugarte (No. 2) [2000] 1 119

• The Alconbury litigation [2003] 2 295.

Retained/ Assimilated EU law

James regularly advises and appears in cases concerning retained EU law. Before Brexit he regularly appeared in the Court of Justice of the European Union and the General Court of the European Union (formerly the European Court of First Instance) on environmental matters.

International

In addition to his extensive European Court practice (see above) James has made several appearances before the UNECE Aarhus Compliance Committee in Geneva. He has acted in cases going to the European Court of Human Rights in Strasbourg.

Professional Memberships:

James was a member of the Attorney-General’s London Panels of Junior Counsel to the Crown from 1999-2013. He also served on the Welsh Assembly Government’s Junior Counsel Panel from 2009 to 2013.

James has in the past chaired the Steering Groups for Planning, Environmental and Public Law at Landmark Chambers.

In April 2021, James was appointed to the Council of NIPA. He is jointly leading and co-ordinating (with Ben Copithorne) the working group on Growing and Engaging a diverse membership.

James was previously a part-time College Lecturer in European Law at Hertford College, Oxford.

• Read Jurisprudence at Hertford College, Oxford (BA First Class Honours in 1994 and BCL First Class in 1995)

Awards

• 'Environment/Planning Silk of the Year' at the Chambers UK Bar Awards 2022

• Shortlisted for the Legal 500 UK Bar Awards 2023 Planning and Land Use 'Silk of the Year'

• In his BA he was awarded the Martin Wronker proxime

Memberships 

• Administrative Law Bar Association

• Bar European Group

• Compulsory Purchase Association

• Human Rights Lawyers Association

• National Infrastructure Planning Association

• Planning and Environmental Bar Association

• United Kingdom Association for European Law

• United Kingdom Environmental Law Association

• UK State Aid Law Association

Publications 

• When does the “no substantial difference test” make a difference in JR applications? Does the outcome differ, depending on whether the case is based on EU or UK law?” (with Admas Habteslasie) JR forthcoming.

• The status and legal effect of a quashed appeal decision in planning law J.P.L. 2018, 5.

• International law in domestic practice: advice for practitioners on how international and comparative law arises in domestic case law E.L.M. 2016, 28(3/4), 155-163.

• “Access to Justice: Review Procedures and Costs” in the Aarhus Convention A guide for UK Lawyers ed. C Banner (2015, Bloomsbury).

• Dealing with a non-active defendant in judicial review proceedings J.R. 2015, 20(3), 157-159.

• When does the heightened Mass Energy permission test apply? J.R. 2015, 20(2), 105-113.

• State aid in planning and compulsory purchase order cases J.P.L. 2015, 6, 621-643.

• Public law reviewability of land disposal (and management) decisions J.R. 2014, 19(4), 237-252.

• Environmental Information Regulations chapter in Information Rights Law and Practice P Coppel (2014).

• The influence of the Aarhus Convention on EU Environmental Law Parts I and II J.P.L. 2014, 2, 181-202 and J.P.L. 2013, 12, 1496-1512.

• Aarhus access to justice and civil sanctions update E.L.M. 2011, 23(4), 170-198.

• Judicial review and the MMO Env. Law 2010, 60, 18-25.

• Climate change – case-law update Env. Law 2010, 58, 10-23.

• Consent orders in section 288 and 289 proceedings J.P.L. 2010, 10, 1217-1236.

• Disclosure and freedom of information in High Court challenges Env. Law 2010, 56, 20-34.

• Rethinking regulatory sanctions: Regulatory Enforcement and Sanctions Act 2008 – an exchange of letters E.L.M. 2009, 21(4), 183-188.