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4-5 News
Regional Strategies Revocation Challenge – Court orders expedition
Following the challenge by Cala Homes to the revocation of Regional Strategies by the Secretary of State, Collins J. has, on the application of the Claimants represented by Peter Village QC, James Strachan and Sarah Hannett, ordered that the hearing of the claim be expedited and heard before the end of October 2010.
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Heather Emmerson & Benjamin Tankel Join 4-5
Chambers are pleased to announce that Heather Emmerson and Benjamin Tankel have joined 4-5 following the successful completion of their pupillage. Their tenancy will commence on 7th Sept 2010.
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Two nominations for 4-5 at The Chambers Bar Awards 2010
4-5 Gray’s Inn Square have received nominations for the 2010 Chambers Bar Awards.
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Landmark Decision on New Investigatory Powers
James Ramsden advised and represented the Law Society of England & Wales and the Solicitors’ Regulation Authority (SRA) in a claim and application by the Law Society of England & Wales against HSBC Bank Plc relying upon new powers in S.44BB Solicitors Act 1974.
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HMRC win in long running VAT appeal brought by Shelford IT and Mobile Export 365
David Bedenham (along with Jeremy Benson QC And Ian Hutton) appeared for HMRC in these appeals against decisions to deny significant sums of input tax to Shelford IT and Mobile Export 365 (two well known mobile phone wholesalers)
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Regional Strategies Revocation Challenge
Peter Village QC, James Strachan and Sarah Hannett, instructed by Ian Ginbey of Macfarlanes, are retained by Cala Homes to challenge the decision of the Rt Hon Eric Pickles MP, Secretary of State for Communities and Local Government, to revoke Regional Strategies, made on 6th July 2010.
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Star Energy Weald Basin Ltd & Anor v Bocardo SA
Intervention in Supreme Court.
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Success for Directors of Abbey Forwarding
David Bedenham (led by James Pickup QC) represented the directors of Abbey Forwarding in a 2 week trial of a claim brought against them by Abbey (acting through its Liquidator, Louise Brittain).
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Information Rights: Law and Practice 3rd ed
Wildy's Book of the Month - July 2010 is Philip Coppel's third edition work on freedom of information
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Education and the Courts - New Edition forthcoming
Richard McManus QC has agreed with Jordans Publishing to produce a new edition of this book.
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Charity Dragon Boat Race 2010
On the 15th July 2010, 4-5 Gray's Inn Square Chambers was one of eight teams that battled it out at the West Reservoir Watersports Centre in London to help raise funds for One World Action.
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Court of Appeal rules on Welsh Badger Cull
The Court of Appeal has delivered judgment in Badger Trust v The Welsh Ministers [2010] EWCA Civ 807.
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HMRC ordered to return detained alcohol
Following a hearing before Cranston J., Millennium Cash and Carry was successful in its judicial review of HMRC’s decision to detain £1.9m of alcohol under s.139 CEMA.
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John Steel QC has been appointed Honorary Fellow
at Durham Law School, University of Durham
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High Court rules that local government reorganisation is unlawful
The High Court today gave judgment in R (Devon County Council and Norfolk County Council) v Secretary of State for Communities and Local Government [2010] EWHC 1456 (Admin).
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TAG Farnborough Airport planning inquiry takes off
John Steel QC and Stephen Whale are representing TAG Farnborough Airport Ltd at a major planning inquiry into its proposal to amend the cap on annual air traffic movements at the airport from 28,000 to 50,000.
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Shah v HSBC Private Bank
Does Shah v HSBC Private Bank Ltd make the anti-money laundering consent regime unworkable?
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Birmingham City Council v Clue
Court of Appeal rules on powers of local authorities to arrange for illegal immigrants to return to their home countries
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High Court rules on Oxford bus lane test case
Mr Justice Beatson handed down judgment in R (Oxfordshire County Council) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin), a test case concerning the enforcement of penalty charges for bus lane contraventions in Oxford's city centre.
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Badger Trust v Welsh Ministers
High Court upholds lawfulness of badger cull
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Blue Sky One Limited v Mahan Air
On 25th March 2010 Beatson J in the Commercial Court handed down judgment in Phase 2 of Blue Sky One Limited v Mahan Air [2010] EWHC 631 (Comm) in which Hodge Malek QC led for the defendant airline Mahan Air.
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Planning and schemes of delegation: More warnings for local authorities
Part two of Technoprint & Mark Snee v Leeds City Council has now been resolved in favour of the claimants.
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Astrazeneca’s £505 million transfer pricing settlement...
David Bedenham was part of the counsel team (headed by Charles Flint QC) that was instructed by Lovells (acting as agents for HMRC) in this long running piece of litigation.
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New Appointment to Attorney General's C Panel
4-5 Gray's Inn Square is very pleased to announce the appointment of David Bedenham to the Attorney General's 'C' Panel
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ALBA Seminar on “Article 8: Privacy and Private Life”
Richard Spearman QC was one of the speakers at a very well attended ALBA seminar on 2 March 2010.
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Buyer Beware – Declarations of Ineffectiveness
Joseph Dalby writes in the Spring edition of Procurement Brief
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R (WL (Congo) 1 and 2 and KM (Jamaica)) v SSHD
Court of Appeal rules on secret Home Office detention policy.
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When an Englishman’s castle may not remain his home …
Paul Brown QC has successfully defended the decision of the planning inspector on an appeal by Mr Fidler against an enforcement notice, issued by Reigate and Banstead Borough Council, which required the Surrey farmer to demolish a mock castle.
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Landmark judgment on retrospective legislation
James Ramsden appeared in a landmark claim against HMRC concerning the compatibility of retrospective UK legislation with Article 1, Protocol 1 of the European Convention on Human Rights.
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Exmoor Windfarm Blown Away!
Andrew Fraser-Urquhart acted for North Devon District Council in successfully resisting a proposal for a 9 turbine windfarm site at South Molton, Devon.
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GLA standards case against the BNP Assembly Member
Appeal by the BNP Assembly Member Richard Barnbrook against a finding that he had breached the GLA’s Conduct
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Orobator v Governor of HMP Holloway and Secretary of State for Justice
Divisional Court rejects British woman’s legal challenge to detention for drug smuggling in Laos
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Boy George loses Big Brother battle
High Court refuses to quash a Probation Service decision to stop the former Culture Club singer appearing on the Channel 4 show.
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Local authorities: Are you sure your scheme of delegation has been properly approved?
On 9th December 2009, the Administrative Court handed down judgment in Technoprint plc and Mark Snee v Leeds City Council.
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Robert Griffths writes for The Times
Why it is essential to safeguard Spirit of the Game
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Secretary of State for Environment, Food and Rural Affairs -v- Meier and another
Secretary of State awarded injunction against travellers in respect of unoccupied land
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R(A) v LB Croydon, R(M) v LB Lambeth
Supreme Court hands down judgment in landmark age dispute cases.
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Concessionary travel decision upheld
R (First Essex Buses) v Secretary of State for Transport & Essex CC
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Metro Construction Ltd. v London Borough of Barnet
Robert Griffiths QC and James Strachan succeed in quashing a Conservation Area designation.
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Robert Griffths QC speaks to The Times
Griffiths advises on spectacular Lord's redevelopment
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Scopelight Ltd and Others v Chief Constable of Northumbria Police and Federation Against Copyright Theft
Court of Appeal rules on police powers to retain seized property pending private prosecution
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R (Health and Safety Executive) v Wolverhampton City Council and Victoria Hall Ltd
This interesting case raised issues of delay in launching judicial review proceedings and whether final injunctive relief could be claimed against a third party.
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Chambers goes mining!
Tim Corner QC and Andrew Fraser-Urquhart have just succeeded in securing permission for UK Coal for an open-cast mining site at Huntington Lane, Telford. The Local Planning Authority was represented at the 6-week inquiry by John Steel QC.
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Sir David Keene
Chambers is delighted to welcome back Sir David Keene following his retirement from the Court of Appeal.
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Kent International Gateway inquiry gets under way
Timothy Corner QC and Stephen Whale are representing Maidstone Borough Council at the Kent International Gateway call-in inquiry into a proposed strategic rail freight interchange on 112 hectares of greenfield land close to Leeds Castle and the Kent Downs AONB.
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Appeal to the Supreme Court by An Asylum Seeker
Charles Bourne and Paul Greatorex are instructed on behalf of the Home Secretary in an appeal to the Supreme Court by an asylum seeker raising human rights issues in relation to the effect of laws criminalising homosexuality in Cameroon.
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Environment/Planning Silk of the Year
4-5 Gray's Inn Square is delighted to announce that at the Chambers & Partners Awards Ceremony held last night at the Grosvenor House Hotel, Timothy Straker QC was awarded Environment/Planning Silk of the Year.
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Baha Mousa Inquiry
Charles Bourne and Paul Greatorex are representing three soldiers in the Baha Mousa Inquiry, investigating allegations against the British Army in Iraq relating to the abuse of civilian detainees.
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Two Nominations for 4-5 at The Chambers Bar Awards 2009
4-5 Gray’s Inn Square have received nominations in two categories at the 2009 Chambers Bar Awards.
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Birmingham New Street Station CPO Confirmed
The Secretary of State for Communities and Local Government has agreed with the recommendation of his Inspector and has confirmed the Birmingham New Street CPO without modification.
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Richard Clayton QC Joins 4-5
4-5 Grays Inn Square are delighted to announce the arrival of Richard Clayton QC on Monday 3rd August 2009.
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President of the Family Division rules on claim to exclude the media from family court hearings
Richard Spearman QC acted for the father in a test case about the principles to be applied in relation to media access and reporting in family law cases concerning the children of celebrities.
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Non-negotiable bonds: financial innovation
Saima Hanif was instructed to advise the King of Shaves Ltd on a bond issuance programme, described by The Lawyer magazine as ‘ground breaking’.
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David Bedenham Joins 4-5
David specialises in VAT & Duties, Civil Fraud, Regulatory and Judicial Review.
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Circuit Bench Appointment - Murray Shanks
HM The Queen has appointed Murray George Shanks to be a Circuit Judge on the advice of the Lord Chancellor, the Right Honourable Jack Straw MP.
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New member of Chambers
Chambers is delighted to announce that John Campbell SC,of the South African Bar, is joining 4-5 as of June 2009.
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Launch of the second edition of Clayton and Tomlinson’s The Law of Human Rights
Estelle Dehon, a contributing editor to this leading practitioner text on human rights, attended the successful launch of the book at Middle Temple on 30 April 2009.
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Chambers Open Day
Wednesday 22nd April 2009, 2.30pm - 4.30pm
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Kent’s Thameside Strategic Transport Tariff Policy
Peter Village QC and James Strachan represented P.J. Mullan & Sons (Contractors) Ltd who challenged Kent’s Thameside Strategic Transport Tariff Policy
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Tribunal rules on age discrimination
Charles Bourne successfully defended the Ministry of Justice against a pair of age discrimination claims by Immigration Judges.
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Triumph at South Downs
Robert Griffiths QC successfully represented Natural England at a major Public Inquiry (lasting some six months).
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Court of Appeal ruling on homosexual asylum seekers
In HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department the AIT had rejected claims by homosexual asylum seekers from Iran and Cameroon that they faced a real risk of persecution on return due to their sexuality.
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High Court overturns controversial jetty plans
Helford Village Development Company Ltd has won a High Court battle to block plans to build a jetty for fishermen in a Cornish village.
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Incinerator and Waste Plan proposal go up in smoke
Capel Parish Council brought proceedings to quash parts of the Surrey Waste Plan (pursuant to Section 113 Planning and Compulsory Act 2004) which identified a site as the Clockhouse Brickworks Site at Capel for an incinerator.
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5th edition of Disciplinary & Regulatory Proceedings
Brian Harris QC and Andrew Carnes have completed the 5th edition of Disciplinary & Regulatory Proceedings (Jordans Publishing).
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High Court Challenge to Expansion at Stansted Airport
Paul Stinchcombe and Sarah Hannett are appearing on behalf of Stop Stansted Expansion in its challenge to the decision of the Secretary of State for Transport and Secretary of State for Communities and Local Government to grant planning permission for the expansion of Stansted Airport from 25 million passengers per annum to 35 million passengers per annum.
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Three New Silks Appointed
4-5 Gray’s Inn Square are delighted to announce that three of its members, Philip Coppel, Tom Hill and Paul Brown have been appointed Queen's Counsel in the new silk appointments announced on 18th February 2009.
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Redevelopment of Daventry
Tim Corner QC and Stephen Whale are acting for West Northamptonshire Development Corporation in a major multi party housing inquiry concerning three proposals for housing extensions to Daventry totalling 10,000 units. Robert White is acting for Daventry District Council.
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New Appointments to Attorney General's A and C Panel
4-5 Gray's Inn Square is very pleased to announce the appointments of Charles Bourne and Jonathan Moffett to the Attorney General's 'A' Panel, and Chris Buttler to the 'C' Panel.
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England win a cricket Test Match - again
ICC U-turn on England -v- Pakistan match result
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The Governing Body of the Langley Park School for Girls v Bromley LBC and The Governing Body of the Langley Park School for Boys
£38 million Bromley Boys’ School Pathfinder Project safe after High Court challenge dismissed
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New appointments to the Welsh Assembly Government’s Panel of Counsel
4-5 are pleased to announce the appointments of Timothy Corner QC, Charles Bourne, James Strachan and Jonathan Moffett to the Welsh Assembly Government’s panel of counsel.
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Lord Justice Sullivan appointed to the Court of Appeal
Chambers are pleased to congratulate Lord Justice Sullivan, a former long-standing member of 4-5 on his recent appointment to the Court of Appeal.
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High Court declares Home Office detention policy to be unlawful
On 19 December 2008 Mr. Justice Davis handed down judgment in R (Ashori) and Others v SSHD [2008] EWHC 3166 (Admin) declaring that a policy operated by the Secretary of State for the Home Department by which there would be a presumption in favour of detention for all foreign national prisoners at the expiry of their sentence was unlawful.
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"Call In" Inquiry into proposals for the redevelopment of the Brit Oval.
Robert Griffiths QC and Andrew Tabachnik have (acting on behalf of Surrey County Cricket Club and Arora International Hotels Limited) recently concluded a lengthy “Call In” Inquiry into proposals for the redevelopment of the Brit Oval.
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Solicitors Regulation Authority allowed by Court to Proceed with Investigation
Hodge Malek QC and Andrew Tabachnik acted for the Solicitors Regulation Authority in its successful resistance to an application for judicial review and injunctive relief brought by Dean and Dean, a firm of solicitors.
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Six week period of challenge is Article 6 ECHR compliant even in cases of bad faith
Once the six week period for challenging the validity of a Traffic Regulation Order has passed, the Road Traffic Regulation Act 1984 provides that an order shall not “be questioned in any legal proceedings whatsoever”.
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ECHR delivers judgment in DNA Retention Case
James Strachan appeared as junior counsel for the UK Government before the European Court of Human Rights in Strasbourg in this landmark case.
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Anthony Dearing returns to 4-5
After a short period of absence Anthony Dearing has rejoined chambers.
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Buglife, Costs and Planning
Costs were considered when the Court of Appeal determined Buglife’s appeal from Mr Justice Sullivan’s protective costs order in the High Court and their request for protection from an award of costs in the Court of Appeal.
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The Fulham Legal Advice Centre was nominated for the Human Rights Award at the 2008 Liberty/Justice/Law Society human rights awards ceremony
The ceremony was held at the Law Society on Monday 8th December 2008.
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£38,000 Damages Awarded against Home Office for False Imprisonment of Asylum Seeker
Alex Goodman acted for the Claimant securing possibly the highest award of damages made by the High Court for false imprisonment of an asylum seeker in a detention centre.
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Saima Hanif returns to 4-5
Saima Hanif returns to Chambers following an eight month stint in the Financial Regulatory department of the world's largest law firm Clifford Chance LLP, and a further 6 month secondment as Legal Assistant to the Financial Markets Law Committee, which is housed in the Bank of England.
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Community Care
On Monday 13 October 2008, Chambers held its 2nd Annual Community Care Conference at the Law Society. More than 100 solicitors from local authorities, NGOs, private practice and law centres attended.
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Tom Amraoui and David Loveday join 4-5
Chambers are pleased to announce that Tom Amraoui and David Loveday have joined 4-5 following the successful completion of their pupillage.
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Three Nominations for 4-5 at The Chambers Bar Awards 2008
4-5 Gray’s Inn Square have received nominations in three categories at the 2008 Chambers Bar Awards.
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US$45 million confiscation order in the British Virgin Islands (BVI)
One of the largest ever confiscations orders ever entered in a common law jurisdiction was made by BVI High Court Justice Indra Hariprashad-Charles on Thursday, 1 May 2008, following a joint international investigation carried out by the authorities in the BVI and Bermuda. On 20th August 2008 the court issued its judgment giving reasons for its decision.
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Gatwick Housing decision quashed
Peter Village QC and Andrew Tabachnik, instructed by Macfarlanes, on behalf of Taylor Wimpey and Persimmon, persuaded the High Court (Collins J) to quash the decision of the Secretary of State to refuse planning permission for the erection of 1900 dwellings on land known as the North East Sector, Crawley.
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Boutique Hotel permitted in the shadow of Tower Bridge
Acting for the Berkeley Group, Peter Village QC and James Strachan have just secured planning permission and listed building consent for the conversion to a boutique hotel of the former Lambeth College, a grade II listed building adjacent to Tower Bridge and the iconic Ian Ritchie elliptical towers scheme (for which they obtained consent in 2006).
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Chambers welcomes the arrival of Mungo Wenban-Smith
Mungo was called in 2004 and has already undertaken considerable work in both public and employment law. He will give further strength to the juniors in Chambers. He previously practised at 5 Field Court.
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Good cheer for Housebuilder
There has been some more good news for Housebuilder Taylor Wimpey.
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The Second Battle of Tewkesbury
Peter Village QC and Robert White have successfully secured planning permission from the Secretary of State for 450 new houses in Bishop’s Cleeve, Tewkesbury following a ten year battle with the Council.
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Court of Appeal finds no “presumption” of Soundness
In a hugely important decision relating to the development plan process, the Court of Appeal has accepted the arguments of Peter Village QC and Andrew Fraser Urquhart (representing the house builder Respondents) that the so-called “presumption of soundness” as contained in PPS 12 (2004), which was interpreted as placing an onus on objectors to bring evidence to show that the local development document was “unsound”, was misleading and contrary to the provisions of Section 20(5) of the Planning and Compulsory Purchase Act 2004.
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Court of Appeal dismisses challenge to closure of Pimlico School
On 24 July 2008, the Court of Appeal dismissed a challenge to the decision to close Pimlico School in Westminster in anticipation of it being replaced by a new academy.
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Landmark Decision on LDD challenges — Update on Persimmon Homes & others v Blyth Valley BC
On 8th and 9th July 2008 the Court of Appeal heard the expedited appeal of Blyth Valley Borough Council in the case (reported below) relating to the challenge under S.113 of the Planning and Compulsory Purchase Act 2004 to quash the plan.
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3rd Annual Education Law Seminar
Chambers held its annual education law seminar on Friday 13th June at the Law Society. Over 100 solicitors from local authorities, central government, private practice and law centres attended.
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First Successful Challenge to a new style Development Planning Document
Barristers at 4/5 Gray’s Inn Square are leading the way in the operation of the new planning regime.
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High Court dismisses challenge to closure of Pimlico School
On 28 May 2008, the High Court dismissed a challenge to the decision to close Pimlico School in Westminster in anticipation of it being replaced by a new academy.
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House of Commons' appeal rejected
A specially constituted High Court (The President, Latham LJ and Blake J) has dismissed the House of Commons' appeal against the Information Tribunal's decision requiring the House to disclose details of MP's claims for Additional Costs Allowance.
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Oval Cricket Ground Planning Inquiry
W Robert Griffiths QC has been instructed by Macfarlanes to represent Surrey County Cricket Club and Arora International Hotels at a major call-in inquiry into the development of a hotel and additional seating at the Oval Cricket Ground. The inquiry is likely to begin in the Autumn of this year.
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Court of Appeal rules on privacy claim by J.K. Rowling’s infant son
By a judgment handed down on 7 May 2008 (Murray v Big Pictures (UK) Ltd [2008] EWCA Civ 446) the Court of Appeal (Sir Anthony Clarke MR, Laws and Thomas LJJ) allowed the appeal of David Murray, the infant son of the author J.K.Rowling and her husband Dr Neil Murray, from the dismissal by Patten J of his claims against a photographic agency for misuse of private information and under the Data Protection Act 1998.
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Deputy Judge Appointment
Timothy Corner QC has been appointed to sit as a Deputy Judge of the High Court in the Queen's Bench Division, a part-time appointment.
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Substantial Residential Enabling Development Succeeds
Following a four day planning appeal, Peter Village QC and Christopher Buttler, acting for Taylor Wimpey UK Ltd and Buckinghamshire New University, have secured planning permission for 238 dwellings in High Wycombe on highly protected designated Green Space.
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New Super-Luxury Casino and Hotel Permitted
Peter Village QC has secured planning permission and listed building consent for a new Super-Luxury Casino and Hotel for the Clermont Club Group, to be sited overlooking Hyde Park, after a very contentious planning appeal against Westminster City Council.
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Developments in Money Laundering Law
On 30 April Paul Marshall and Prof. Peter Alldridge, Drapers' Professor of Law Queen Mary College London, gave a seminar on Developments in Money Laundering Law to an invited audience of bankers solicitors and accountants.
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House of Lords gives judgment in overseas doctors case
On 30 April 2008, the House of Lords gave judgment in R (BAPIO Action Ltd) v Department of Health.
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Mental Capacity Act 2005 Seminar
Chambers held a seminar on the Mental Capacity Act 2005 on Friday 25 April in Gray’s Inn. Over 80 solicitors and social workers from local government attended. This Act and the new Court of Protection have revolutionised the law in this area and are of crucial importance to everyone who works with adults who lack (or may lack) capacity to make decisions for themselves.
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Elections
Philip Coppel and Estelle Dehon represented the Returning Officer in a challenge to the result of the May 2007 local government election in the Aston ward of Birmingham.
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Public Law and Judicial Review Seminar
Chambers held its public law and judicial review seminar on Monday 7 April at the Law Society. Over 140 solicitors from private practice, regulatory bodies and central and local government attended.
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Farnborough Airport Expansion Success
TAG Aviation sought planning permission to increase the weekend movements at Farnborough, Hampshire. Farnborough Airport is recognised as being the principal business aviation airport for the south east of England and is accepted to be of world class quality with all aviation and other modern requirements on site.
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Elections
Timothy Straker QC acted for the returning officer in Slough where a councillor was unseated in consequence of bogus votes.
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Unlawful means conspiracy
The House of Lords has delivered its judgment in Total Network SL v HMRC
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Unitary Authorities
Court of Appeal dismiss unitary authorities challenge.
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Evans v CAA
Helicopter pilot brings age discrimination case against CAA.
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DNA Retention on Trial
James Strachan has appeared as junior counsel for the UK Government before the European Court of Human Rights in Strasbourg in what is set to be a landmark case.
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Information Tribunal order House of Commons to provide detailed breakdown of MPs' expenses claims
Philip Coppel successfully represented Sunday Times journalist Mr Ungoed-Thomas, who had requested the claims for expenses over 5 years made by Mr Tony Blair and Mrs Margaret Beckett MP.
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New Appointments to Attorney General's A and C Panel
4-5 Gray's Inn Square is very pleased to announce the appointments of James Strachan to the Attorney General's 'A' Panel, and Sarah Hannett to the 'C' Panel.
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New Member of Chambers
Chambers are pleased to announce that Estelle Dehon will be joining 4-5 on 1st March 2008 following the successful completion of her pupillage.
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Sting taken out of wasps’ case
Timothy Straker QC and Caroline Bolton had to meet an unusual environmental challenge when their clients, the Thurrock Gateway Development Corporation, were challenged over the grant of a planning permission in respect of a former power station site by an organisation called Buglife.
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Re : 4-5 Gray’s Inn Square at forefront of UK windfarm proposals
Aviation and windfarms do not always mix. Whether and in what circumstances they can sit together are major issues at different windfarm inquiries, with 4-5 Gray's Inn Square taking a lead role in representing the various aviation interests.
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Sefton CPO’s Saved
The High Court has rejected three separate challenges to Compulsory Purchase Orders made by Sefton Metropolitan Borough Council for the redevelopment of land under the Pathfinder scheme.
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Tesco Triumph with Corner and Brown
Following a six-week long retail inquiry last year, Tim Corner and Paul Brown have secured planning permission for a new Tesco out-of-centre food store in Berwick-upon-Tweed.
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Three Algerians released from detention by High Court
Mr Justice Mitting made orders for the release of three Algerians detained in Immigration Detention Centre’s for between 14 and 19 months.
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Council Leader achieves quashing of planning permission granted by own Council
Stephen Whale, representing the Leader of South Somerset District Council, has succeeded in an unusual claim for judicial review whereby the Leader was seeking to have quashed a planning permission for 212 houses granted by his own Council.
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R (SK) v Secretary of State for the Home Department [2008] EWHC 98 (Admin)
Munby J. delivered a damning judgment on the Home Office for unlawfully detaining a Zimbabwean man for a total of 19 months. Alex Goodman, instructed by Lawrence Lupin acted for the Claimant who had been literally forgotten in prison.
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Olympic "Gold" For Village and White
After a marathon objection to the confirmation of the Olympic CPO in respect of land at Wyke Road in Tower Hamlets owned by their clients Neptune Wharf Limited, Peter Village QC and Robert White have secured a tremendous victory with the decision promulgated by the Secretary of State for Business Enterprise and Regulatory Reform not to confirm the Olympic CPO in respect of the Neptune Wharf Site.
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Injunction stops new housing benefit rules in London
On 4th January 2008, Paul Stinchcombe and Alex Goodman successfully applied for an injunction on behalf of Westminster City Council against the Rent Service.
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Requirement for Immigrants to Learn English Lawful
On 18 December 2007, in the case of Ooi -v- Secretary of State for Home Department, the High Court dismissed challenges to changes in the immigration rules governing the grant of permanent settlement in the UK.
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R (BAPIO) v Secretary of State for the Home Department and Secretary of State for Health
On 5 December, the House of Lords granted the Department of Health leave to appeal from the Court of Appeal’s decision in R (BAPIO Action Ltd) v Secretary of State for the Home Department and Secretary of State for Health [2007] EWCA Civ 1139.
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Northern Rock obtains injunction against the Financial Times
Northern Rock plc last night obtained an interim injunction against the publishers of the Financial Times and a Person or Persons Unknown to restrain the further use or disclosure of the contents of a briefing memorandum which had been sent to potential bidders on express written terms of confidentiality.
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Richard Spearman QC named as one of the country’s top 11 sports lawyers
In an article about sports lawyers entitled “Elite team on the ball for their premier XI” in the Times of 6 November 2007, Dominic Carman included Richard Spearman QC in his choice of the top 11 sports lawyers in Britain.
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Court of Appeal to rule on privacy claim by J.K. Rowling’s infant son
By a judgment handed down on 7 August 2007 (Murray v Express Newspapers plc & Anr [2007] EWHC 1908 (Ch)) Patten J dismissed claims against a photographic agency for misuse of private information and under the Data Protection Act 1998.
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"Abuse of rights” and fraud defeat Turkish EC Association Agreement claims
Robert Palmer acted for the successful Secretary of State for the Home Department in two recent judicial review claims considering the scope of rights conferred by the Turkish EC Association Agreement.
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Lawyer of the Week: Robert Griffiths
From: The Times October 23, 2007
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Victory for McManus and Sharland in local government reorganisation case
Richard McManus QC and Andrew Sharland representing the Interested Parties, Cheshire CC and Shropshire CC successfully resisted a challenge to the Secretary of State’s consultation and decision making in relation to proposals to reorganise local government.
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Darrell Hair v International Cricket Council
Robert Griffiths QC and Stephen Whale of 4-5 Gray’s Inn Square represented the cricket umpire Darrell Hair in his high-profile claim against the International Cricket Council.
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Community Care Conference
On Monday 8 October 2007, Chambers held a day-long conference on community care at the Law Society. Over 110 solicitors from local authorities, NGOs, central government, private practice and law centres attended.
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3 new members of chambers join 4-5 Gray’s Inn Square
We are pleased to announce that from the beginning of October 2007, three more barristers have joined chambers.
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Freedom of information
Sweet & Maxwell will later this month publish the second edition of Information Rights, the leading text on the Freedom of Information Act 2000 and other rights of access to government-held information.
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Lydia Playfoot v Governing Body of Millais School
School’s ban on religious jewellery did not infringe human rights.
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Election law
Butterworths have commissioned Philip Coppel to prepare the new edition of Atkin's Court Forms on election law.
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Bencher of Gray's Inn Appointment
Timothy Corner QC has been appointed as a Bencher of Gray's Inn. This in addition to our other Benchers of Gray's Inn, Timothy Straker QC, John Steel QC and Hodge Malek QC.
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Huge new night club in the West End Stress Area allowed
Peter Village QC acted on behalf of a consortium including Flavio Briatore in its successful appeal in respect of a huge new night club, to be called The Billionaire Club, in Haymarket.
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R (Kings Cross Railway Lands Group) v London Borough of Camden
Members of 4-5 Grays Inn Square have been at the forefront of the recent challenge to the grant of planning permission, listed building consent and conservation area consent for the redevelopment of the Kings Cross Railway Lands in R (Kings Cross Railway Lands Group) v. London Borough of Camden.
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Billy Wright Inquiry
Charles Bourne has joined the team of counsel instructed by the Treasury Solicitor to represent the Northern Ireland Prison Service and the Northern Ireland Office at the Billy Wright Inquiry.
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Stansted Airport
Four members of Chambers are appearing in the major public inquiry concerning BAA’s application to expand capacity at Stansted Airport commencing on 30th May 2007.
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Annual Education Seminar
Chambers held its annual education law seminar on Wednesday 9 May at the Law Society. Over 120 solicitors from local authorities, central government, private practice and law centres attended.
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Silvertown Way CPO Confirmed
The Secretary of State for Trade and Industry has confirmed a compulsory purchase order made by the London Development Agency in respect of land at Silvertown Way, Canning Town in the Thames Gateway.
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Indemnity Costs Against Unmeritorious Challenge
In Sager House (Chelsea) Ltd v, First Secretary of State [2006] EWHC 125 (Admin), Paul Brown acting for the First Secretary of State, has successfully recovered costs on an indemnity basis against a developer in respect of a s. 288 challenge to the refusal of planning permission for a major site within London
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Approval for new Stonehenge Visitor Centre
The Secretary of State for State for Communities and Local Government, has approved English Heritage’s scheme for the construction of a new visitor centre for Stonehenge.
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The Battle of Tewkesbury
Peter Village QC and Robert White acted for George Wimpey in its successful application under S. 287 TCPA 1990 to quash two major housing allocations in the Tewkesbury Local Plan.
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MDU wins important data protection case
Following a three day hearing in December 2006, on 28 March 2007 the Court of Appeal handed down judgment on Mr Johnson’s appeal against the decision of Rimer J of March 2006 (whereby his claim was dismissed), and on the cross-appeal of the Medical Defence Union (“the MDU”) which sought to uphold that decision on additional grounds. The appeal was dismissed and the cross-appeal was allowed.
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Challenge to new home for the House of Lords rejected
The High Court today rejected an application by SAVE Britain’s Heritage for judicial review of the decision by Westminster City Council to grant consent for the conversion of the Middlesex Guildhall to become the new home for the United Kingdom Supreme Court (which is the name by which the Judicial Committee of the House of Lords will known from 2009).
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Record companies win victory on parallel imports
Various record companies suing on behalf of themselves and in a representative capacity for and on behalf of all other members of the BPI and PPL have won an important victory in the High Court against online CD and DVD retailer CD WOW.
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High Court Rejects Hillingdon Claim to Funding for Asylum Seekers
In R (London Borough of Hillingdon) Secretary of State for Education and Skills the High Court has rejected the claim by Hillingdon that it continued funding for unaccompanied asylum-seeking children.
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Lady Berkeley Challenge Fails
In Berkeley v. First Secretary of State, Lady Berkeley challenged the grant of planning permission for the redevelopment of the Lots Road Power Station in Kensington & Chelsea, arguing that the Secretary of State had misapplied the Blue Ribbon Network policies in the London Plan.
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New Appointments to Attorney General's B and C Panel
4-5 Gray's Inn Square is very pleased to announce the appointments of Robert Palmer, Jonathan Auburn and Lisa Busch to the Attorney General's 'B' Panel, and Stephen Whale to the 'C' Panel.
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Secretary of State’s decision quashed
Peter Village QC and James Strachan have successfully persuaded Collins J to quash the decision of the Secretary of State’s Inspector who had dismissed the appeal of George Wimpey in respect of a Brownfield residential site in Glossop, Derbyshire
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Hay v Surrey County Council [2007] EWCA Civ 93
No disability discrimination in failing to conduct risk assessment.
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Legal Status of Students’ Unions
Richard McManus QC has been advising the national Students’ Union on the legal status of Students’ Unions’. The advice has been posted on the internet and was reported on the BBC website.
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R (BAPIO) v Secretary of State for the Home Department and Secretary of State for Health
High Court upholds restrictions on overseas doctors applying for junior doctor posts
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Tower Hamlets Election Petition
Timothy Straker QC appeared for the Tower Hamlets Returning Officer on Monday, 29 January 2007 when petitions challenging two local elections in May 2006 were dismissed by Commissioner Mawrey QC.
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393 new homes in Sussex
After a five-day inquiry into an appeal under section 78 of the Town and Country Planning Act 1990, Peter Village QC and Stephen Whale, representing George Wimpey (Southern) Ltd, have secured planning permission for 393 new homes in Littlehampton, Sussex.
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Polytunnels Need Planning Permission
In Hall Hunter Partnership v. First Secretary of State, Tim Straker QC and Garrett Byrne challenged the decision of a planning inspector to uphold an enforcement notice against the erection of polytunnels on a fruit farm.
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Village and Strachan Strike (Out) Again!
Peter Village QC and James Strachan, acting for George Wimpey plc and the Millhouse Group, have again successfully employed the strategy of a pre-emptive “strike out” under CPR Part 24 against a challenge by Blyth Valley Borough Council to the grant of planning permission in March 2006 by the Secretary of State for 850 houses on a greenfield site in Blyth after a planning appeal spanning four months. Burton J. described the claim by BVBC as “misconceived”. He ordered the Council to pay the costs of Wimpey and Millhouse on the indemnity basis.
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Law Society judicial review proceedings against the DCA concerning CPR 5.4
Following a process of consultation by the DCA, and in the light of representations from the Law Society and the media organisations which had intervened in the proceedings, the Civil Procedure Rule Committee met on 3 November 2006 and approved an amendment to CPR 5.4C and a new Practice Direction to CPR 5.
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Defendants succeed in Nicola Day v Brighton & Hove City Council and East Sussex County Council [2006] EWHC 2928 (Admin) (Collins J)
Timothy Straker QC and Lisa Busch acted for the Councils in an important case concerning the lawfulness of the waste local plan which they adopted in February 2006.
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Peter Village QC and Andrew Tabachnik complete six week planning inquiry into proposals for new neighbourhood
Acting for George Wimpey UK Ltd and Persimmon, Peter Village QC and Andrew Tabachnik recently completed a six-week inquiry, into proposals for a sustainable new neighbourhood including 1,900 new homes in the north east sector of Crawley.
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Important judgment in The Court of Arches
The highest court for the Church of England, the Court of Arches last week allowed Leicester City Council’s appeal against the Consistory Court’s judgment refusing it a confirmatory faculty in relation to health and safety work carried out at Welford Road Cemetery and granting a restoration order requiring the Council to make safe approximately 1000 gravestones that it had laid flat.
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Watershed judgment delivered on Turkish EC Association Agreement
Following the increasing number of judicial review applications concerning the establishment of businesses in the UK by failed Turkish asylum seekers, Robert Palmer has successfully argued on behalf of the Home Secretary in R (Temiz) v Secretary of State for the Home Department [2006] EWHC 2450 (Admin) that it is only in exceptional circumstances that such claims by either an illegal entrant or an overstayer could succeed.
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650 New Homes on Greenfield Site
Peter Village QC and Andrew Tabachnik, acting for George Wimpey UK Ltd and Ward Homes Ltd have secured outline planning permission for a residential development of 650 new homes on a Greenfield site at Hoo St Werburgh.
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Roman Abramovich fails to stops News of the World publication
Billionaire Roman Abramovich, who owns Chelsea football club, applied for an injunction to prevent News Group Newspapers Ltd from publishing a story and photographs concerning his friendship with 23-year-old Daria Zhukova under the headlines “Red Rom And The Brunette” and “Roman All Over The World” in the edition of the News of the World of 8 October 2006.
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Challenge to new Rule concerning the supply of Court documents
The Law Society obtained an urgent injunction from Irwin J on 29 September 2006 to prevent changes to CPR 5.4 that come into force on 2 October 2006 from being applied to statements of case filed at Court before that date. The changes reverse the previous CPR 5.4 by making it the default position that statements of case will be released unless the Court orders that they should not be.
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Hotel to Residential
Peter Village QC acting for St George (Berkeley Homes) has secured permission on appeal for a mixed use development comprising 294 units and commercial floorspace at St George Wharf, Vauxhall, effectively changing the proposed development of the site from a hotel to residential. The Secretary of State also made a full award of costs against Lambeth Borough Council.
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George Blake v United Kingdom
The applicant, assisted by a team of lawyers and academics including Stephen Whale of 4-5 Gray’s Inn Square, has succeeded in the European Court of Human Rights.
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Congratulations to Richard Humphreys QC
The Queen has approved the Lord Chancellor’s recommendation that Richard Humphreys should be appointed one of Her Majesty’s Counsel. There will be a Silk Ceremony at Westminster Hall on 16th October 2006. The appointment procedure extended over a 10 month period and was carried out by the newly created Independent Selection Panel.
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Lance Armstrong libel action against the Sunday Times
The libel action brought by seven-times winner of the Tour de France, Lance Armstrong, against the publisher of the Sunday Times, the newspaper’s chief sports writer David Walsh, and its journalist Alan English, in respect of an article entitled LA Confidential that was published in the Sunday Times of 13 June 2004, ended in settlement after Lance Armstrong obtained a series of Court rulings in his favour.
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Elizabeth Appleby QC, Lincoln's Inn Treasurer Appointment
Congratulations to Elizabeth Appleby QC on her appointment as Treasurer of Lincoln's Inn for 2007.
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William Orbinson QC
4-5 Gray's Inn Square wish to congratulate William Orbinson QC on his recent appointment as Queen's Counsel in Northern Ireland.
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Lady Hazel Fox awarded CMG
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Grant of a residential permission for an unallocated greenfield site just outside Plymouth, Devon
Peter Village QC and Andrew Tabachnik, representing George Wimpey UK, have recently secured the grant of a residential permission for an unallocated greenfield site just outside Plymouth, Devon.
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Adidas v United States Tennis Association (“USTA”) and Others
The claim by adidas-Saloman AG, the well-known sportswear manufacturer, against those responsible for staging the four Grand Slam tennis tournaments (Wimbledon, the US Open, the French Open, and the Australian Open) and the International Tennis Federation (which, among other things, runs the Davis Cup and the Fed Cup) reached the High Court this week.
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Relationship between the planning and waste management licensing regimes
Cox Skips v First Secretary of State and West Sussex County Council: CO/6521/05
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Advisory Panel Chairperson Appointment
Tim Corner QC has recently been confirmed as Chairperson for The Advisory Panel on Standards for The Planning Inspectorate for 2007.
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Thames Water Utilities Ltd: Proposal for a Desalination Plant in Beckton
John Hobson QC and Paul Stinchcombe are currently representing the Greater London Authority at this major public inquiry into Thames Water’s proposals for a desalination plant on the Thames at Beckton.
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Healthcare law and foreign nationals; Article 14
Jonathan Auburn is currently acting as junior counsel for the Secretary of State for Health in a case concerning access to the NHS by foreign nationals.
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Judicial interventions in elections
R (on the application of Begum & Others) v Returning Officer for London Borough Tower Hamlets.
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Ali v Lord Grey School and R (on the application of Begum) v Denbigh High School
Lords reverse decisions of Court of Appeal in Ali v Lord Grey School and R (on the application of Begum) v Denbigh High School.
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New publication: Anti-Social Behaviour Law
This book by Paul Greatorex and Damian Falkowski with contributions from other members of Chambers has just been published by Jordans.
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Potters Field, London
Peter Village QC and James Strachan (instructed by Bevan Brittan) acted for Berkeley Homes in their successful appeal for planning permission to construct a world class landmark scheme on an outstanding and prominent trophy site on the banks of the River Thames in London.
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Olympic CPO Inquiry
Peter Village QC and Robert White have been instructed to appear at the London Development Agency Olympics CPO Inquiry by 3 separate landowners who are objecting to the draft order.
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Habib Bank v Iqbal — House of Lords
The House of Lords has refused permission to Habib Bank to appeal against a decision of the Court of Appeal upholding a decision of the High Court to dismiss the Bank’s guarantee action against the defendant.
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Haining Croft, Hexham
Challenge to Interim Planning Policies on Housing Moratorium and Affordable Housing Contributions
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Harlow District Council v Hall (CA)
Bankruptcy does not affect obligation to pay rent arrears to local authorities and social landlords
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Mabledon Hospital, Dartford
James Strachan recently acted for Dartford Borough Council in its successful resistance of a housing development proposal by the Secretary of State for Health for up 288 units on a former hospital site in the Green Belt.
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Royal Clarence Yard, Gosport
Peter Village QC (instructed by Bevan Brittan) acted for Berkeley Homes in their successful appeal against the refusal by Gosport Borough Council to grant planning permission for a major redevelopment of Royal Clarence Yard, Gosport, the historic former Royal Navy victualling yard.
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Port Extensions
One of the most significant port extensions ever permitted has just been granted by the Government.
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Collins Stewart v Financial Times
FT settles Collins Stewart libel claim
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Ewing v Office of the Deputy Prime Minister and others [2005] EWCA Civ 1583
Charles Bourne was instructed as Advocate to the Court in this appeal on questions of costs in judicial review, and practice to be followed where a vexatious litigant applies for permission to seek judicial review before obtaining leave to make the application under s 42 of the Supreme Court Act 1981.
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Hill v Civil Aviation Authority, NATS & Department for Transport
High Court challenge to the South East of England Airspace changes.
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Licensing Act 2003: first appeals under the new Act
Members of chambers have successfully represented licensing authorities in two of the very first appeals in the country under the new Act.
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House of Lords: Extra-territoriality and the Employment Rights Act 1996
The House of Lords has finished hearing three related appeals concerning the extra-territorial reach of employment rights.
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Campbell v MGN
House of Lords Judgment in Freedom of Expression and costs case
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Iran v Argentina
Cancellation of Interpol Red Notices
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Gray v Marlborough College
Father challenges Marlborough over expulsion of son.
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Association of Electoral Administrators
Philip Coppel addresses the annual national conference of the Association of Electoral Administrators
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Secretary of State finally decides North Yorkshire Motorway Service Area case
The Secretary of State has granted planning permission for a new Motorway Service Station at Kirk Deighton in North Yorkshire.
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Coventry Airport Inquiry Concludes
Peter Village QC and James Strachan concluded the long-running Coventry Airport Inquiry on 19th July 2005, after delivering a closing speech on behalf of the Airport running to just over 300 pages.
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Permission given for new McLean Quinlan house in Cornwall AONB
The artist Emma Abdy-Collins and her husband Jamie have been granted permission to build a new three story modernist house, designed by Fiona McLean, on the south bank of the Camel estuary in Cornwall.
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House of Lords to hear Jilbab Case
The House of Lords have just granted leave to appeal to Denbigh School in the case of Begum.
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Anna Bicarregui and Christopher Buttler join 4-5
Chambers are pleased to announce that Anna Bicarregui and Christopher Buttler will be joining 4-5 following the successful completion of their pupillage.
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Stancliffe Stone Co Ltd v Peak District National Park Authority
Challenge to planning status of quarry was abuse of process.
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Collins v Home Office
Court of Appeal ruling on disability discrimination.
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D. Thomas O’Riordan joins Chambers on 6th June 2005
He comes from Cadwalader where he acted as in house counsel advising on banking, general commercial matters and international finance transactions, where he continues to be retained counsel. Tom O’Riordan has very substantial experience and apart from his membership of the English Bar is a member of the Irish Bar and the New York Bar. He is also a visiting lecturer at Oxford University
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Legal & General v FSA
Legal and General fined £575,000 and ordered to pay their own costs.
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Sawkins v Hyperion Records Ltd
Court of Appeal rules defendant infringed the copyright for origination of performance edition of ancient music.
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Swimmers responsible for their own safety
Timothy Straker QC and Philip Coppel were instructed by the Corporation of London in relation to a challenge by early morning bathers at the Hampstead Heath ponds to the decision by the Corporation of London to prevent pre-sunrise swimming in the ponds.
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Green Corns v Claverley and Express & Star
Richard Spearman QC succeeded in obtaining an interim injunction against a local newspaper to restrain it from publishing the addresses of houses that the claimant was using and intended to use to provide specialist care services to troubled children.
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Jessie Wallace v NGN
Eastenders' Jessie Wallace loses court bid to block publication of a News of the World interview with David Morgan, the estranged father of her daughter.
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David and Victoria Beckham v NGN
Mr Justice Langley allows News of the World to publsih details about the Beckhams private life.
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Birmingham Election Trials Decision
Election Commissioner Richard Mawrey QC, the judge investigating vote-rigging in Birmingham's local elections has ruled there was widespread fraud and has ordered new elections.
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Regina (Martin Grant Homes Ltd and Another) v Wealden District Council
Martin Grant Homes Ltd and Taylor Woodrow Developments successful in important judicial review claim, quashing the decision of Wealden District Council to abandon its draft local plan.
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£100m Translink Scheme
John Steel QC is leading the case for the promotion of the £100m Translink scheme at the Transport and Works Act public inquiry currently being held at Luton.
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Jinder Moore v MoD
Andrew Sharland is currently appearing for MoD defending a discrimination claim made by Jinder Moore, the most senior Sikh NCO in the Army
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Public Inquiry into the Murder of Zahid Mubarek
Charles Bourne has been representing a prison officer in connection with allegations that officers at HMP Feltham tried to provoke violence between cellmates (a practice allegedly known as "gladiator")
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R (Essex CC & Others) v Secretary of State for Transport
Essex CC successful in challenge to Airports White Paper.
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Fortune Green Road: Inspector's Decision
Tim Corner QC and Robert Walton have secured planning permission for two new development schemes on Fortune Green Road, Hampstead on behalf of Sager Management Ltd.
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Polanski v Conde Nast Publications Ltd
Roman Polanski successful in appeal to House of Lords
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4-5 Gray’s Inn Square ranked highly by Chambers & Partners 2005
Chambers & Partners rated 4-5 Gray’s Inn Square as a leading set in six practice areas.
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Election trials
Philip Coppel has been instructed to appear for the Returning Officer for Birmingham City Council in two 10-day election trials under the Representation of the People Act
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Persimmon Homes Ltd v Secretary of State for Transport
Judicial review challenge to the Secretary of State's position concerning the possible future expansion of Gatwick Airport.
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Beach not a Green
The Inspector appointed to report into the application to register the beaches at Carlyon Bay, Cornwall, as a village green has recommended that the application be refused.
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Legal & General v Financial Services Authority
The Financial Services and Markets Tribunal delivers its verdict on L&G’s landmark challenge to a £1.1 million mis-selling fine…..
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Freedom of Information
Philip Coppel addresses the the Adminstrative Law Bar Association on the new Freedom of Information regime.
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Council for National Parks Ltd v Pembrokeshire Coast National Park Authority & Bluestone Holdings Ltd
4-5 Members successfully oppose applications for judicial review.
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Hampstead Heath Bathing Ponds
Timothy Straker QC and Philip Coppel have been instructed by the Corporation of London in relation to a challenge by early morning bathers at the Hampstead Heath ponds to the decision by the Corporation of London to prevent pre-sunrise swimming in the ponds.
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Montpeliers & Trevors Association v Westminster City Council
Following a two day judicial review before Mr Justice Munby, Westminster City Council were heavily criticised for failure to consult residents of a conservation area about the removal of traffic barriers and were ordered to re-consult the residents and pay the residents costs.
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Corporation of London v Secretary of State for Environment, Food and Rural Affairs and Covent Garden Market Authority
Corporation of London successful with appeal to Court of Appeal
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Hearing for judicial review of Airports White Paper
Six members of chambers have been instructed to challenge the Air Transport White Paper.
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Sir Douglas Frank
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4-5 Gray's Inn Square ranked highly by Legal 500 2004
4-5 Gray's Inn Square is recognised as a leading set in Adminstrative and Public Law, Education, Environment and Planning.
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