Practice Profile

James has a broad practice in general public law, with a particular emphasis on local government, planning and environmental law.   His expertise covers both civil and criminal work, and he is increasingly specialising in environmental prosecution and defence work.  He is ranked in the latest edition of Chambers and Partners 2009/2010 as an up and coming junior in planning law as well as being ranked in Planning Magazine's Legal Survey 2009 Highest Rated Planning Barristers under 35.

Cases of Note

• R (Boggis) v Natural England [2009] EWCA Civ 1061. James acts as a junior to Gregory Jones for the claimants in the "coastal erosion" case concerning a judicial review of an SSSI designation on the Suffolk coast by Natural England. An application for permission to appeal is currently being considered by the Supreme Court. Click on here for the BBC news website article on this case: http://news.bbc.co.uk/1/hi/england/suffolk/7733754.stm
• Victoria Station Upgrade inquiry. James acted for London Underground Limited as a junior to Andrew Tait QC promoting the Victoria Station Upgrade scheme. The Secretary of State for Transport confirmed the Victoria Station Upgrade Transport and Works Act Order in July 2009 following a public inquiry which commenced in October 2008 and concluded in January 2009. The associated listed building consent applications were also granted. The £500 million proposals included major improvements for the Underground at Victoria.
• MA Holdings Limited v George Wimpey UK Limited [2008] EWCA Civ 12. Junior to Robin Purchas QC. Acted for a third party developer in a successful application for permission to appeal High Court judgment quashing a local plan under section 287 TCPA 1990 (case still on-going).

Experience

ENVIRONMENTAL

Local authority prosecutions

James has particular expertise in environmental prosecutions brought by local authorities, acting for both the prosecution and defence.   He has acted for local authorities in various prosecutions under the Environmental Protection Act and Town and Country Planning Act 1990, including Crown Court trial work.   He has also acted for defendants in advertising control and planning enforcement prosecutions in the Magistrates Court.  

His recent case work has included acting for the successful prosecuting authority in a four day trial at Guildford Crown Court concerning offences under section 210 TCPA 1990 (breaches of tree preservation orders).

Waste, pollution and statutory nuisance

He advises regularly on various waste and pollution matters, including private actions for nuisance and negligence in relation to contaminated land.  He regularly advises local authorities and defendants in relation to abatement notices, appeals and prosecutions.

He has helped to advise,   and has appeared for, the Environment Agency in relation to prosecutions under the EPA 1990 and under the Nuclear and Radioactive Substances Act.

European environmental legislation

James has particular expertise regarding the respective assessment regimes required under the Habitats, EIA and SEA Directive.  He has advised both large scale developers and third party objectors in relation to compliance issues arising from European environmental issues.   He has specific expertise in relation to mitigation licences required under the Conservation (Natural Habitats etc) Regulations 1994.  His recent case work included advising in relation to professional negligence issues arising from an environmental consultant's mitigation plan for a development site.

Sites of Special Scientific Interest

James has particular experience in relation to the Wildlife and Countryside Act 1980 and the implications of designation of land as Sites of Special Scientific Interest (he acted for the claimant in the leading case of Boggis v Natural England).   He also acted for a successful applicant in acquiring consent under the WCA 1981 to carry out works affecting an SSSI, in a case which was decided on issues relating to Article 8 and Article 1 to the First Protocol of the ECHR. 

PLANNING

"James Neill only completed his pupillage with the set in 2007, but he is already being noted for his strong potential as a planning specialist. He is especially well regarded in environmentally themed work, particularly wind farms and environmental assessment, and displays impeccable technical knowledge in these areas." Chambers & Partners 2009-2010.

James appears regularly in the High Court, and at public inquiries, and acts on behalf of developers, local planning authorities and third parties in planning matters.  He is currently rated as one of the three up and coming junior barristers at the Planning Bar.

His recent clients have included London Underground Limited, the Bristol Port Company, Sevenoaks District Council, East Hertfordshire District Council, Medway Council, Aylesbury Vale District Council and the London Borough of Newham.

He has also assisted the Planning and Public law team of the Treasury Solicitor's department in the preparation of advice to the Planning Inspectorate on section 288 and section 289 TCPA challenges.

He advises regularly in relation to enforcement matters and has both prosecuted and defended cases in the criminal courts in relation to breaches of enforcement notices.  He has experience   in injunctive proceedings under section 179 TCPA and the Planning (Listed Buildings and Conservation Areas) Act 1990.

He has acted for third parties in relation to Local Development Frameworks and has appeared at the examination in public of the Surrey Waste Plan on behalf of a residents group.

Notable planning cases include:

• MA Holdings Limited v George Wimpey UK Limited [2008] EWCA Civ 12. Junior to Robin Purchas QC. Acted for a third party developer in a successful appeal against a High Court judgment quashing a local plan under section 287 TCPA 1990.
• Rees-Davies v Thanet District Council CO/2002/2009. Acted for the successful applicant for permission to judicially review a local authority's decision to grant planning permission for an extension to a property neighbouring a Grade II* listed building.
• Cowell v Secretary of State for Communities and Local Government. Acted for the successful applicant for permission to appeal under section 289 TCPA 1990 in a case concerning the formal requirements of a planning enforcement notice.

INFRASTRUCTURE

James has   been involved in the promotion of two major schemes. He acted for London Underground Limited as junior to Andrew Tait QC in the successful promotion of the Victoria Station Upgrade Scheme, following a three month public inquiry.  

He also was involved in the promotion of the Bristol Deep Sea Container Terminal (still awaiting the decision of the Secretary of State).

LICENSING

James acts regularly for license holders and applicants, and for local authorities in various proceedings under the Licensing Act 2003.  He has particular expertise in alcohol disorder zone designations under the Violent Crime Reduction Act 2007, having been involved in the opposition to such powers in his parliamentary work before being called to the Bar.

PUBLIC LAW

Education law

James has experience in general public law matters and judicial review, particularly cases concerning education law.    He has acted for claimants against decisions of the Office of the Independent Adjudicator, and acted successfully for parents against local education authorities in relation to issues under the Education Acts. He has appeared regularly before the SENDIST and regularly advises local education authorities in matters relating to special educational needs.

Social care

He also has specific expertise in local government charging powers, including powers to charge for social care services.   He is currently acting for a quadriplegic claimant in judicial review proceedings concerning the applicable guidance to charging decisions under section 17 Health and Social Services and Social Security Adjudication Act 1983.

Background

Prior to commencing his pupillage, James worked for a year in the Opposition Whips Office in the House of Lords as a research assistant/special advisor to the Shadow Front Bench.   He worked closely with the late Lord Kingsland in the latter's role as Shadow Lord Chancellor.  He primarily covered Home Office and Department for Constitutional Affairs legislation and reforms to the criminal justice system. His work included provision of briefing notes and drafting amendments to legislation, as well as attendance at meetings with ministers, civil servants and lobby groups.

Prior to his time in the House of Lords, James served in the British Army for 5 years, having been awarded a commission in the Coldstream Guards after successful completion of a year's training at the Royal Military Academy Sandhurst in 2000. He undertook a number of operational tours and was appointed Equerry to the Queen in 2003.

Publications

• Contributor to Environmental Law and Property Transactions, 3^rd Edition 2009 (Tottel).
• Regulatory Enforcement and Sanctions Bill 2008", June 2008 (Solicitors Journal)
• Climate Change and the Planning System', Francis Taylor Building Seminar April 2007.
• ‘The Good, the Bad and the Ugly: Sounding out the Local Development Framework" November 2007. Contributor to paper by Robin Purchas QC.
• ‘Legal Challenges to Higher Education Institutions' 2 Harcourt Buildings Seminar October 2006 (contributor to paper by Gregory Jones)

Qualifications and Appointments

• MA (Oxon) (Double First Lit.Hum) (Fitzgerald Scholar)
• Member of UKELA, Planning and Environment Bar Association, Administrative Law Bar Association.