Civitas Law

Practice is essentially concerned with property, planning and public and administrative law. Instructions include work for the Welsh Government, many local authorities and individuals concerned with the actions of public bodies. Subject areas include planning, housing, environment and waste disposal, grant entitlement, education, care homes, disclosure and freedom of information and judicial review generally. Undertakes a very significant amount of advisory work and public inquiry work. General public law: has been appointed under the Greenhouse Gas Emissions Trading Scheme Regulations 2005 to conduct appeals, reach conclusions and report to Welsh Ministers. Instructions from a number of local authorities and other public bodies have included ultra vires charges, state aid rules, highway collapse and obstruction issues contractual disputes (including advice on challenges to tendering and selection process) as well as issues relating to planning and compulsory purchase. Represented a local authority in a public Inquiry (Pennington Inquiry) into an e-coli outbreak in Wales and has continued to be active in aspects of food safety law. Planning: planning inquiries and enforcement work, from developers including direct professional access work for planning consultants and for planning authorities. High Court appeals, in particular for the Welsh ministers (for planning inspectorate). Residential development for national housebuilders and commercial developments and compulsory purchase. Miscellaneous advisory work on construction of planning permissions and conditions. Related work has included village green applications and public rights of way issues. (Reported case Gregory v Welsh Ministers [2013] EWHC 63 (Admin); Telecom Securicor Cellular Radio Ltd v NAW [2001] PLCR 23, [2001] JPL 842 (Note). Miles v National Assembly for Wales [2007] EWHC 10 (Admin); [2007] J.P.L. 1235: Carmarthenshire CC v Humphreys [2010] EWHC 1958 (Admin); Williams v Blaenau Gwent BC 1994 40 EG 139.) Instructions have included various highway schemes and public local inquiries and this extended to appearance before a Welsh ministers Committee under special assembly (parliamentary) procedure. Judicial review: acting for applicants and Welsh ministers on planning and related matters (eg bridleways) on review and statutory appeals. Acting for applicants generally on judicial review and high court challenges including claims for and against public authorities in connection with closure of residential home, housing, food safety and in various cases under the Education Acts re schooling and for the police on powers of cautioning and disciplinary powers. Incidental human rights claims. (Reported cases Fernlee Estates Ltd v Swansea City and County Council [2001] EWHC 360, [2001] EGCS 161, (2001) 98(22) LSG 37: R v Vale of Glamorgan CC ex p J [2001] 1 EWCA Civ 593, [2001] ELR 758 Carmarthenshire CC v Llanelli Magistrates [2009] EWHC 3016 (Admin); Torfaen CBC v Douglas Willis Ltd [2012] EWHC 296 (Admin); R. (on the application of Singh) v Cardiff City Council [2012] EWHC 1852 (Admin). Property: a wide variety of instructions including trespass, adverse possession, construction of deeds and property rights, easements and restrictive covenants, business tenancy renewals and miscellaneous landlord and tenant disputes together with a variety of issues from development contracts. Building disputes for owners and contractors (sub and main contractors). Miscellaneous claims, eg noise nuisance, flood damage, mortgagee’s power of sale. Human rights claims eg compatibility of landlord’s right of distress. Commercial work: business tenancy disputes, development contract issues and general commercial contract matters. (Reported case Brumwell v Powys CC [2011] EWCA Civ 1613 Dewan v Lewis [2010] EWCA Civ 1382; (2010) 108(2) L.S.G. 19; [2010] N.P.C123; [2011] 1 P. & C.R. DG22; Fernhill Mining Ltd v Kier Construction Ltd [2000] CP Rep 69, [2000] CPLR 23.)Chancery: Chancery work including construction of wills, inheritance claims and partnership disputes. Reported case Cook v IRC [2002] S.T.C. (S.C.D.) 318; [2002] W.T.L.R. 1003; [2002] S.T.I. 936 (Reported case Shaw v Halifax (South West) Ltd (1996) PNLR 451, (1997) 13 Const LJ 127). Chancery: primarily property based advisory and dispute related work (including trusts of land) and wills and inheritance issues. Recent cases have related to co-ownership of multiple properties for investment purposes, boundary disputes, rights of way issues and business tenancy disputes. Recent reported cases include: Brumwell v Powys CC [2011] EWCA Civ 1613 (business lease of licence); Dewan v Lewis [2010] EWCA Civ 1382 (easements). Graham is also a qualified and experienced mediator.

Solicitor (admitted 1974); called 1986; articled clerk, Lovell, White & King (now Lovells) 1971-73; lecturer in law, University College of Wales, Aberystwyth 1973-77; Magistrates’ Clerk, Cardiff (assistant then Deputy) 1977-86; Pupillage 1986-87; tenant at 33 Park Place, Cardiff since 1987; Head of Chambers March 2005-2008; Civitas Law 2008 onwards, Head of Planning Public and Regulatory Law Group appointed to the Welsh Assembly Panel of Counsel (Planning and Judicial Review); committee member,; appointed to Treasury Solicitors Regional Panel for Wales: Assistant Boundary Commissioner, Wales.

Queen Mary’s Grammar School, Walsall; Wadham College, Oxford (1970 MA).