Stephen Whale

Date of call: 1999 Gray's Inn

Stephen has been ranked in Chambers and Partners, Legal 500 and Legal Experts for a number of years for his expertise in planning, licensing and employment law.

He is regularly instructed by a large number of local authorities and private clients for advice and representation on issues with a local government or central government element. This particularly includes planning, licensing and judicial review issues, in relation to which Stephen has a great deal of advisory, court and inquiry experience. Other issues of this kind on which he is instructed include enforcement and environmental prosecutions, local government contracts, highways matters and village green inquiries.

The Attorney General has appointed him as Junior Counsel to the Crown. He regularly represents the Secretary of State for Communities & Local Government and the Secretary of State for the Home Department in the High Court.

Stephen’s planning law work covers the whole spectrum of the discipline. It includes advice and representation with respect to inquiries into appeals under section 78 of the Town and Country Planning Act 1990 (refusal of planning permission), section 174 appeals (enforcement notices), section 195 appeals (certificates of lawfulness), High Court challenges under sections 288 and 289, judicial review claims, compulsory purchase inquiries, Lands Tribunal hearings, definitive map inquiries and village green inquiries. He represented West Northamptonshire Development Corporation at a lengthy 2009 inquiry into proposals for up up to 10,000 new houses, and represented Maidstone Borough Council in Autumn 2009 at the inquiry into the proposed Kent International Gateway (both with Tim Corner QC). Stephen represented TAG Farnborough Airport Ltd at a long inquiry in May-July 2010 (with John Steel QC). His licensing law work is similarly wide-ranging, including magistrates’ court and High Court proceedings under the Licensing Act 2003 and advice on the Gambling Act 2005. Stephen has published numerous articles on licensing law, and he has advised licensing committees on many occasions.

Stephen undertakes in addition to the above a variety of employment law, common law and commercial law matters. He is a member of the Employment Law Appeal Advice Scheme, the panel of advocates providing advice and representation in the Employment Appeal Tribunal.

Stephen is accredited for Public Access which means he can be instructed by anybody, and enquires about this are welcomed. Planning consultants and developers are particularly encouraged to take advantage of this possibility.

Between university and beginning his career at the Bar, Stephen taught economics for four years at an independent college in London and he spent two years at a law centre advising on EU law and European human rights law. His interests include golf, cricket and European political history.

APPOINTMENTS
Attorney General’s Junior Counsel to the Crown (C Panel, 2007)
Honorary Legal Advisor to The Air League (2008)
Member of the Legal Panel of Campaign to Protect Rural England (2009)

AFFILIATIONS
Administrative Law Bar Association
Planning and Environment Bar Association

EDUCATION
Inns of Court School of Law
College of Law
University of Birmingham

SCHOLARSHIPS & PRIZES
Peter Duffy Bar European Group Scholarship 2001
Gray’s Inn Junior Award 1998
Gray’s Inn Karmel Award 1997

LANGUAGES
French (excellent)

DIRECTORY ENTRIES
Chambers & Partners, 2010:
Recommended junior in Employment Law: "courteous and common-sense approach, [he is] a real team player, he provides incisive and timely advice "; Licensing Law: ”tipped as a top licensing barrister for the future" (2007) , "[He] gives no-nonsense advice, handles difficult clients well and shows a precise and thoughtful approach to problem solving. His tactful and personable manner makes him easy to work with" (2009); Planning: " a highly skilled planning barrister offering clients sound, robust and extremely useful advice ".

Legal 500, 2009:
Recommended junior in Employment Law: "first rate advice" (2008) and Planning.

Legal Experts 2010:
Recommended expert in Planning

CLERKS EMAIL
Daniel Perry and Anthony King