Region Area

Barristers

Barney  McCay

Barney McCay

Position

Barney has a particular interest in public, planning and environmental, EU, public procurement and state aid law.

Barney accepts instructions across all Chambers' areas of practice.

Barney’s current and recent work includes:

• National Lottery litigation: Acting for the Gambling Commission in a challenge to its award of the Fourth National Lottery Licence (led by Sarah Hannaford KC). The claim was dismissed on the basis that the claimant did not have standing. See IGT v The Gambling Commission [2023] EWHC 1961, [2023] EWHC 1420 (TCC) and [2023] EWHC 2226 (TCC). Press coverage here.

• Supreme Court homelessness intervention: Acting for Crisis in a strategic intervention that concerned the relief that should be granted after a local authority has breached its “full” homelessness duty (led by Justin Bates). See Croydon LBC v Imam (Crisis intervening) [2023] UKSC 45. Press coverage here.

• Asylum accommodation challenge: Acting for the claimant in a challenge to the Home Secretary’s decision to use a former RAF airfield to accommodate asylum seekers (led by Alex Goodman KC). See R (Clarke-Holland) & Ors v SSHD & Ors [2023] EWHC 3140 (Admin). Press coverage here.

• Procurement and subsidy control: Advising and acting for economic operators and contracting authorities (local and central government) on the procurement and subsidy control implications of development agreements, land acquisitions, supplier relief, and funding arrangements.

• Planning judicial review: Acting as sole counsel in proceedings before the High Court which challenged an authority’s decision to grant permission for restaurant development. The claim was successful. See Ariyo v Richmond LBC [2023] EWHC 2278 (Admin).

• EU-derived and human rights: Advising a national charity on the implications of the Retained EU Law (Revocation and Reform) Bill for environmental protections, and acting on behalf of the Aire Centre in deportation proceedings involving EUSS issues before the Upper Tribunal.

• NHS trust funding: Acting for an interested party to resist a claim for judicial review that concerned the circumstances in which an NHS trust was entitled to section 106 contributions (led by Zack Simons). The claim was dismissed. See R (Worcestershire Acute Hospitals NHS Trust) v Malvern Hills DC [2023] EWHC 1995 (Admin). Press coverage here.

• Portland ERF Inquiry: Acting as sole counsel for two R6 parties at a three-week public inquiry which considered whether an energy recovery facility should be constructed on the Isle of Portland in close proximity to the Bibby Stockholm Barge and Jurassic Coast World Heritage Site. Press coverage here.

Barney graduated from Cambridge with a degree in History and Politics (First Class). He was awarded Gray’s Inn’s top scholarships to undertake the GDL (Distinction) and Bar Course (Outstanding). Barney also has an LLM from the UPenn (Distinction) and was awarded/offered a Thouron Fellowship and Fulbright Award.

Before joining Landmark, Barney worked in competition and state aid policy and as a political adviser to an MP. After converting to law, Barney worked as a Judicial Assistant to Lord Justice Bean in the Court of Appeal on cases which involved media, equality, public, information, commercial, and EU law.

Education

Qualifications

• Cambridge University, King’s College – BA History and Politics (First Class)

• BPP University – GDL (Distinction)

• City University – BPTC (Outstanding)

• University of Pennsylvania – LLM (Distinction)

Scholarships

• Fulbright Award (offered) for postgraduate study in the US

• Thouron Fellowship for fully funded postgraduate study in the US

• Bedingfield and Residential Scholarships from Gray’s Inn, its top awards for the BPTC

• Postgraduate Scholarship from City University

• Excellence, Advocacy and Pro Bono Awards (offered) from BPP University

• David Karmel Award from Gray’s Inn, its top award for the GDL

• Academic Scholarship from King’s College, Cambridge

• Award from Cambridge University to undertake its UN/WHO Internship

Awards

• Winner, Procurement Lawyers’ Association Essay Prize

• Winner, Landmark Chambers’ Judicial Review Moot

• Winner, Michael Beloff KC Essay Prize from Gray’s Inn

• Winner, BPP Mooting Cup