Marc Willers QC

Overview

Marc has extensive experience and expertise in public and administrative law. 

Examples of his casework in this field include his representation of: the residents of the Fred Wigg Tower in Leytonstone when they challenged the government’s decision to place a high velocity missile system on the roof of their tower block as part of the air defence plan for the 2012 Olympic Games; the young offender claimants who challenged the government’s decision to close Ashfield Young Offenders Institute; and the Irish Traveller residents of Dale Farm in their widely publicised judicial review of Basildon Council’s decision to evict them from their site. 

Marc also undertakes work concerning planning and environmental law, human rights and discrimination and the rights of Gypsies, Roma and Travellers.

Notable Cases

Burgos v Amayo v Secretary of State for Housing, Communities and Local Government (Wards Corner Regeneration Project CPO) (2019) EWHC 2792 (Admin)

On 14 September 2016, the London Borough of Haringey (“LBH”) made a compulsory purchase order (“CPO”) to facilitate the regeneration of land at Seven Sisters Road (above the underground station), including the site of the Seven Sisters Latin Market. The Secretary of State confirmed the CPO on 23 January 2019 and his decision was challenged by the market traders in the High Court on the ground that he had misunderstood the protections offered to them and that he had failed to take proper account of their human rights, the rights of their children and others that have enjoyed the cultural benefits offered by the market.

Frackman v SSCLG and Cuadrilla (2018) EWCA Civ 9
This was an appeal against the decision of Dove J - (2017) EWHC 808 (Admin) - in respect of a planning challenge brought by Mr Frackman against the decision by the Secretary of State for Communities and Local Government to grant Cuadrilla planning permission for fracking operations at a site in Lancashire.

Mr Frackman argued that the Secretary of State erred because he had failed to consider the likely cumulative impacts of the proposed development by only taking into account carbon emissions from "exploration" and ignoring the indirect emissions from the production stage. He also argued that the Secretary of State had acted irrationally by failing to apply the precautionary principle when deciding to grant Cuadrilla planning permission, because the public health effects of fracking are unknown and so cannot be regulated. Dove J rejected both grounds and the Court of Appeal upheld his decision.

Knowles v Department for Work and Pensions (2013) EWHC 19 (Admin)
This was a judicial review challenge in which it was argued that the housing benefit regulations relating to the provision of housing benefit to those Gypsies and Travellers living on private sites were discriminatory and incompatible with Article 14 of the European Convention on Human Rights. 

Harrow Community Support Limited v Secretary of State for Defence (2012) EWHC 1921 (Admin)
This was the highly publicised judicial review challenge of the decision to deploy a high velocity missile system on the roof of the Fred Wigg Tower in Leytonstone, London as part of the air defence plan for the 2012 Olympics.

R (Mary Michelle Sheridan and Others) v Basildon BC (2011) EWHC 2938 (Admin)
This was a judicial review challenge of the council's decision to take direct action to evict Irish Travellers from their plots on Dale Farm. The case received worldwide publicity and was heard at first instance by Ouseley J and Lord Justice Sullivan on appeal.

Overview

Marc's environmental law practice is extensive and includes work within the United Kingdom and abroad.

Marc is regularly instructed to advise on challenges to the grant of planning permission for development that has an impact on the environment. Notably, he represented Mr Frackman in both the High Court and Court of Appeal in his high-profile judicial review challenge of the decision of the Secretary of State for Communities and Local Government to grant Cuadrilla planning permission for fracking at two sites in Lancashire.

Marc has also been instructed to advise on challenges to government environmental legislation and policy, including those relating to fracking and climate change as well as decisions taken by regulators such as the Oil and Gas Authority.

Notable Cases

In the international arena, Marc has been instructed as lead Counsel with two other members of Chambers to bring a multi state complaint before the European Court of Human Rights on behalf of a number of Portuguese youth applicants who will argue that their rights protected by Articles 2, 8, 14 and Article 1 of Protocol 1 of the Convention are being violated because of the states' individual and collective failure to take appropriate steps to tackle climate change. This case has been mentioned in the Times (July 2019) - 'Climate change warriors turn to courts'. 

In addition Marc has been instructed as lead Counsel to represent CAN-Europe in their application to intervene in the People’s Climate Case which is currently being considered by the Court of Justice of the European Union. 

Other recent domestic cases include:

Thornton v Oil and Gas Authority (ongoing)

Marc has been instructed, together with Estelle Dehon, to represent a campaigner, Mr Eddie Thornton, who has challenged the Oil and Gas Authority's decision to allow the sale of Third Energy, a fracking company and a Barclays Bank subsidiary, to York Energy, a newly incorporated affiliate of a Caymans company (Alpha Energy) with no history of operating in the UK.  A judge has ordered a full hearing to consider whether the decision was lawful and whether proper consideration was given to the risk to the taxpayer would have to meet decommissioning costs if they are not be met under the new owners.

Finch v Surrey County Council (ongoing)

Marc has been instructed, together with Estelle Dehon, to represent a Surrey resident who has issued a legal challenge against the county council’s decision to grant planning permission for long-term oil production and more drilling at the Horse Hill exploration site.

Kenyon v Secretary of State for Housing Communities and Local Government [2020] EWCA Civ 302

Marc represented a local resident who unsuccessfully challenged a decision by the Secretary of State that no environmental impact assessment was required for the proposal that 150 homes be built on a site in Hemsworth in circumstances where the development would lead to an increase in traffic and nitrogen dioxide levels in the town centre which had been designated as an Air Quality Management Area.

Hudson v Royal Borough of Windsor and Maidenhead and Legoland [2019] EWHC 3505 (Admin)

Marc represented the claimant who, acting in his capacity as chairman of the Berkshire branch of the Campaign to Protect Rural England, judicially reviewed the decision of the Royal Borough of Windsor and Maidenhead to grant Legoland planning permission for the construction of a holiday village and other works at its Legoland Windsor site. The development site includes significant and veteran trees and is bordered on three sides by the Windsor Forest and Great Park Site of Special Scientific Interest and Special Area of Conservation.  Lang J  accepted the Claimant’s argument that the Council had failed to carry out an appropriate assessment as required by the Habitats Directive and Habitats Regulations 2017 but exercised her discretion not to grant relief. Lang J also rejected the other grounds advanced by the claimant and her decision to dismiss the claim is now the subject of an appeal.

Andrews v Secretary of State for Business, Energy and Industrial Strategy and the Secretary of State for Housing, Communities and Local Government (2018)

Marc represented the Mayor of Malton who challenged the government’s decision to issue a written ministerial statement (WMS) requiring local authorities to ‘recognise’ the statutory definition of fracking set out in the Infrastructure Act 2015. Applying that definition, which relates to the volume of fluid used in the process, rather than the nature of the process itself, could lead to fracking operations (which use slightly less fluid than the statutory threshold) being granted planning permission in areas of outstanding natural beauty and national parks, such as the North York Moors. Marc argued that such a fundamental change in planning policy ought to have been the subject of a Strategic Environmental Assessment (SEA) and that the failure to conduct one rendered the WMS unlawful. Holgate J concluded that there was no need for a SEA of the WMS and he dismissed the application for permission to judicial review the WMS. However, importantly, Holgate J found that the reference in the WMS to an expectation that Mineral Planning Authorities (MPAs) ‘recognise’ the fact that Parliament has defined fracking in legislation was no more than that. He made the point that once MPAs had noted the existence of that definition, they were perfectly entitled to apply the wider definition contained in paragraph 129 of Planning Practice Guidance – provided of course that they explain their reasons for doing so (as the Joint Authorities in North Yorkshire have already done).

Dennett v Lancashire County Council (2018)

Marc was instructed, together with Estelle Dehon, to represent Mr Dennett who sought an injunction to prevent Cuadrilla from carrying out any hydraulic fracturing operations at the Preston New Road site. The grounds for the application highlighted inadequacies in the emergency and health and safety planning for the fracking operations on the site. In the event the application was dismissed.

Steer v Shepway DC and Westgarth [2018] EWHC 238 (Admin)
This was a successful judicial review challenge of a council's decision to grant planning permission for a holiday park in an area of outstanding natural beauty in Kent on grounds that it failed properly to explain its decision.

Frackman v SSCLG and Cuadrilla [2018] EWCA Civ 9
This was an appeal against the decision of Dove J - (2017) EWHC 808 (Admin) - in respect of a High Court planning challenge brought by Mr Frackman against the decision by the Secretary of State for Communities and Local Government to grant Cuadrilla planning permission for fracking operations at a site in Lancashire.

Mr Frackman argued that the Secretary of State erred because he had failed to consider the likely cumulative impacts of the proposed development by only taking into account carbon emissions from "exploration" and ignoring the indirect emissions from the production stage. He also argued the Secretary of State had acted irrationally by failing to apply the precautionary principle when deciding to grant Cuadrilla planning permission, because the public health effects of fracking are currently unknown and so cannot be regulated. The Judge rejected both grounds and the Court of Appeal upheld his decision.

Carolyn Brown v London Borough of Ealing and Queen's Park Rangers [2018] EWCA Civ 556
This appeal from Dove J - (2017) EWHC 467 (Admin) - was heard by the Court of Appeal in 2017. The appellant had judicial reviewed the Council's decision to grant Queen's Park Rangers planning permission to redevelop the 61-acre Warren Farm site in the Metropolitan Open Land (MOL) for mixed use as a training facility for the football team and community open space/sports facilities. The appeal concerned the meaning of the term "very special circumstances" but also had a very important environmental angle, namely the application of the London Plan's policies on the development of protected open spaces within the MOL.

Overview

Marc has a wide experience and expertise in planning law and represents both developers and objectors in planning and enforcement appeals, statutory reviews and appeals, examinations in public and planning enforcement proceedings in both the civil and criminal courts.

Notable Cases

Hudson v Royal Borough of Windsor and Maidenhead and Legoland [2019] EWHC 3505 (Admin)

Marc represented the claimant who, acting in his capacity as chairman of the Berkshire branch of the Campaign to Protect Rural England, judicially reviewed the decision of the Royal Borough of Windsor and Maidenhead to grant Legoland planning permission for the construction of a holiday village and other works at its Legoland Windsor site. The development site includes significant and veteran trees and is bordered on three sides by the Windsor Forest and Great Park Site of Special Scientific Interest and Special Area of Conservation.  Lang J  accepted the Claimant’s argument that the Council had failed to carry out an appropriate assessment as required by the Habitats Directive and Habitats Regulations 2017 but exercised her discretion not to grant relief. Lang J also rejected the other planning grounds advanced by the claimant and her decision to dismiss the claim is now the subject of an appeal.

Steer v Shepway DC and Westgarth [2018] EWHC 238 (Admin)
A successful judicial review challenge of a council's decision to grant planning permission for a holiday park in an area of outstanding natural beauty in Kent on grounds that it failed properly to explain its decision.

Frackman v SSCLG and Cuadrilla [2018] EWCA Civ 9
This was an appeal against the decision of Dove J – (2017) EWHC 808 (Admin) – in respect of a High Court planning challenge brought by Mr Frackman against the decision by the Secretary of State for Communities and Local Government to grant Cuadrilla planning permission for fracking operations at a site in Lancashire. 

Mr Frackman argued that the Secretary of State erred because he had failed to consider the likely cumulative impacts of the proposed development by only taking into account carbon emissions from "exploration" and ignoring the indirect emissions from the production stage. He also argued the Secretary of State had acted irrationally by failing to apply the precautionary principle when deciding to grant Cuadrilla planning permission, because the public health effects of fracking are currently unknown and so cannot be regulated. The Judge rejected both grounds and the Court of Appeal upheld his decision.

Carolyn Brown v London Borough of Ealing and Queen's Park Rangers [2018] EWCA Civ 556
This appeal from Dove J – [2017] EWHC 467 (Admin) – was heard by the Court of Appeal in 2017. The Appellant judicial reviewed the Council’s decision to grant Queen’s Park Rangers planning permission to redevelop the 61-acre Warren Farm site in the Metropolitan Open Land (MOL) for mixed use as a training facility for the football team and community open space/sports facilities. The appeal concerned the meaning of the term ‘very special circumstances’ but also had a very important environmental angle, namely the application of the London Plan’s policies on the development of protected open spaces within the MOL.

O'Brien v South Cambridgeshire DC and SSCLG [2016] EWHC 36 (Admin)
This was a claim of judicial review concerning the proper construction and application of the planning enforcement related power of a local authority under section 70C of the Town and Country Planning Act 1990, and related transitional provisions. In a particularly detailed judgment, Lewis J considers the underlying statutory purpose of the power, and the question of proportionate enforcement action under Article 8 ECHR, within the context of alleged, delayed and abusive reliance by a planning authority upon an extant enforcement notice issued in 2005.

Stevens v SSCLG and Guildford BC [2013] EWHC 792 (Admin)
This was a statutory challenge brought in respect of a planning inspector's decision to refuse temporary planning permission for a Gypsy site. The claimant argued that the inspector had failed to take account of the best interests of the children in accordance with the principles laid down by Baroness Hale in the Supreme Court decision in ZH (Tanzania) v SSHD [2011] UKSC 4. The Judge accepted that the principles were relevant and gave guidance on their application in planning cases but concluded that on the facts that the Inspector had complied with those principles.

Overview

Marc’s human rights practice is extensive.

Marc takes instructions on human rights claims in cases before domestic and international courts. 

Marc is currently instructed by a number of Portuguese children to bring a complaint against all 47 member states of the Council of Europe on grounds that they have failed to comply with their climate change obligations and have thereby breached the complainants’ rights protected by articles 2, 8, 14 and article 1 of protocol 1 of the Convention.

Marc also speaks regularly at conferences and seminars in both the UK and abroad on human rights and discrimination and has been instructed by the Council of Europe and the EU to act as an expert on these topics on a number of occasions.

Notable Cases

London Borough of Bromley v Persons Unknown, London Gypsies and Travellers and others [2020] EWCA Civ 120

Over the last year or so there has been a growing trend for local authorities to apply to the court for ‘wide injunctions’ to prohibit Gypsies and Travellers from camping on public land in their areas. In one such case, the London Borough of Bromley’s application was opposed by a charity called London Gypsies Travellers (LGT). Marc was instructed, together with Tessa Buchanan to represent LGT (substantially pro bono) and they persuaded the judge in the High Court, Mulcahy QC, that the application should be refused. Bromley’s appeal was dismissed by the Court of Appeal. Importantly, when giving judgment the Court of Appeal deprecated the use of ‘wide injunctions’ save in the most exceptional circumstances. Thus Coulson LJ said:

‘109. Finally, it must be recognised that the cases referred to above make plain that the Gypsy and Traveller community have an enshrined freedom not to stay in one place but to move from one place to another. An injunction which prevents them from stopping at all in a defined part of the UK comprises a potential breach of both the Convention and the Equality Act, and in future should only be sought when, having taken all the steps noted above, a local authority reaches the considered view that there is no other solution to the particular problems that have arisen or are imminently likely to arise.’

Mulvenna and Smith v Secretary of State for Communities and Local Government (SSCLG) and the Equality and Human Rights Commission (EHRC) (2017) EWCA Civ 1850
These two judicial review claims followed Moore and Coates v SSCLG and EHRC [2015] EWHC 44 (Admin) in which Gilbart J found the Secretary of State had unlawfully discriminated against Romani Gypsies/Irish Travellers by recovering all Gypsy/Traveller caravan site planning appeals for his own determination in breach of the Equality Act 2010 and Articles 8 and 14 of the European Convention on Human Rights. The claimants argued that the Secretary of State's unlawful recovery of their appeals had a "domino effect", which rendered his own appeal decisions unlawful. The EHRC supported that argument but Cranston J rejected it and the Court of Appeal upheld his decision.

Traveller Movement v J D Wetherspoon PLC (2015) Central London County Court, 18th May 2015, HHJ Hand QC
In this landmark discrimination claim the court held that a pub that had refused entry to Irish Travellers and Romani Gypsies and their companions following an annual conference organised by the Traveller Movement had committed direct race discrimination because the pub landlord made stereotypical assumptions that Irish Travellers and Romany Gypsies were likely to cause disorder. The court also held that the Travellers' and Gypsies' companions also succeeded in their claims for associative direct discrimination.

Buckland v United Kingdom (2012) Application No 40060/08, 18th September
In this case the ECtHR found that the Article 8 rights of a Romani Gypsy had been violated in circumstances where she had not been given the opportunity to challenge the proportionality of a decision to seek possession of her rented pitch on an authorised site before an independent tribunal. The ECtHR awarded the applicant EUR 4000 and the Welsh Government subsequently amended the law to make it compatible with the ECHR.

Overview

Marc is well known for his representation of Gypsies, Roma and Travellers and has appeared in many leading cases relating to rights, including: the high-profile judicial review challenge of the decision taken by Basildon Borough Council to use its direct action powers to evict Irish Traveller families from their homes on Dale Farm; and the successful discrimination claim brought against the pub chain, JD Wetherspoon, by a registered charity called the Traveller Movement and a number of Gypsies and Travellers.

Marc is the co-editor of Gypsy and Traveller Law (3rd edition, LAG 2020). He is also on the Advisory Board of the European Roma Rights Centre and he is a Trustee of the registered charity, Friends Families and Travellers.

Notable Cases

London Borough of Bromley v Persons Unknown, London Gypsies and Travellers and others [2020] EWCA Civ 120

Over the last year or so there has been a growing trend for local authorities to apply to the court for ‘wide injunctions’ to prohibit Gypsies and Travellers from camping on public land in their areas. In one such case, the London Borough of Bromley’s application was opposed by a charity called London Gypsies Travellers (LGT). Marc was instructed, together with Tessa Buchanan to represent LGT (substantially pro bono) and they persuaded the judge in the High Court, Mulcahy QC, that the application should be refused. Bromley’s appeal was dismissed by the Court of Appeal. Importantly, when giving judgment the Court of Appeal deprecated the use of ‘wide injunctions’ save in the most exceptional circumstances. Thus Coulson LJ said:

‘109. Finally, it must be recognised that the cases referred to above make plain that the Gypsy and Traveller community have an enshrined freedom not to stay in one place but to move from one place to another. An injunction which prevents them from stopping at all in a defined part of the UK comprises a potential breach of both the Convention and the Equality Act, and in future should only be sought when, having taken all the steps noted above, a local authority reaches the considered view that there is no other solution to the particular problems that have arisen or are imminently likely to arise.’

Mulvenna and Smith v Secretary of State for Communities and Local Government (SSCLG) and the Equality and Human Rights Commission (EHRC) (2017) EWCA Civ 1850These two judicial review claims followed Moore and Coates v SSCLG and EHRC [2015] EWHC 44 (Admin) in which Gilbart J found the Secretary of State had unlawfully discriminated against Romani Gypsies/Irish Travellers by recovering all Gypsy/Traveller caravan site planning appeals for his own determination in breach of the Equality Act 2010 and Articles 8 and 14 of the European Convention on Human Rights (the Convention). The claimants argued that the Secretary of State’s unlawful recovery of their appeals had a "domino effect", which rendered his own appeal decisions unlawful. The EHRC supported that argument but Cranston J rejected it and the Court of Appeal upheld his decision.

Traveller Movement v J D Wetherspoon PLC (2015) Central London County Court, 18th May 2015, HHJ Hand QC
In this landmark discrimination claim the Court held that a pub which had refused entry to Irish Travellers and Romani Gypsies and their companions following an annual conference organised by the Traveller Movement had committed direct race discrimination because the pub landlord made stereotypical assumptions that Irish Travellers and Romany Gypsies were likely to cause disorder. The Court also held that the Travellers' and Gypsies' companions also succeeded in their claims for associative direct discrimination.

Stevens v SSCLG and Guildford BC (2013) EWHC 792 (Admin)
This was a statutory challenge brought in respect of a planning inspector's decision to refuse temporary planning permission for a Gypsy site. The Claimant argued that the Inspector had failed to take account of the best interests of the children in accordance with the principles laid down by Baroness Hale in the Supreme Court decision in ZH (Tanzania) v SSHD [2011] UKSC 4. The Judge accepted that the principles were relevant and gave guidance on their application in planning cases but concluded that on the facts that the Inspector had complied with those principles.

Knowles v Department for Work and Pensions [2013] EWHC 19 (Admin)
This was a judicial review challenge in which it was argued that the housing benefit regulations relating to the provision of housing benefit to those Gypsies and Travellers living on private sites were discriminatory and incompatible with Article 14 of the Convention.

Buckland v United Kingdom [2012] Application No 40060/08, 18th September
In this case the ECtHR found that the Article 8 rights of a Romani Gypsy had been violated in circumstances where she had not been given the opportunity to challenge the proportionality of a decision to seek possession of her rented pitch on an authorised site before an independent tribunal. The ECtHR awarded the applicant EUR 4000 and the Welsh Government subsequently amended the law to make it compatible with the ECHR.

Secretary of State for Environment Food and Rural Affairs v Meier and others [2009] UKSC 11
In this case concerning New Travellers, the Supreme Court held that a wide possession order granted to the Forestry Commission in respect of land which it owned and occupied and of which no-one was, at present, in unauthorised occupation, should be discharged and in so doing, the Supreme Court also overturned the Court of Appeal's earlier decision in the case of Drury v Secretary of State for the Environment [2004] EWCA Civ 200.

R (Lisa Smith) v London Development Agency and SSTI [2007] EWHC 1013 Admin
This was a judicial review challenge brought by Romani Gypsy to the Compulsory Purchase Order of land used as a Gypsy site for the purposes of the Olympics.

R (Clarke) v Secretary of State for Transport, Local Government and the Regions [2002] EWCA Civ 819 and [2002] JPL 1365
This was a successful statutory challenge by a Romani Gypsy to a planning appeal decision in which it was established that the offer of bricks and mortar accommodation to a Gypsy with a cultural aversion to bricks and mortar could constitute a breach of Article 8 of the Convention.

Coster v UK [2001] 33 EHRR 20
This was one of five complaints brought before the European Court of Human Rights by Gypsies and Travellers who claimed that enforcement action taken against them had breached their rights protected by articles 8 and article 1 of protocol 1 of ECHR. The seminal lead judgment can be found in the judgment in the case of Chapman v UK (2001) 33 EHRR 18.

Overview

Marc’s discrimination practice is extensive.

Marc takes instructions on discrimination claims before both domestic courts and the European Court of Human Rights.

Marc also speaks regularly at conferences and seminars in both the UK and abroad on discrimination and has been instructed by the Council of Europe and the EU to act as an expert on these topics on a number of occasions.

Notable Cases

London Borough of Bromley v Persons Unknown, London Gypsies and Travellers and others [2020] EWCA Civ 120

Over the last year or so there has been a growing trend for local authorities to apply to the court for ‘wide injunctions’ to prohibit Gypsies and Travellers from camping on public land in their areas. In one such case, the London Borough of Bromley’s application was opposed by a charity called London Gypsies Travellers (LGT). Marc was instructed, together with Tessa Buchanan to represent LGT (substantially pro bono) and they persuaded the judge in the High Court, Mulcahy QC, that the application should be refused. Bromley’s appeal was dismissed by the Court of Appeal. Importantly, when giving judgment the Court of Appeal deprecated the use of ‘wide injunctions’ save in the most exceptional circumstances. Thus Coulson LJ said:

‘109. Finally, it must be recognised that the cases referred to above make plain that the Gypsy and Traveller community have an enshrined freedom not to stay in one place but to move from one place to another. An injunction which prevents them from stopping at all in a defined part of the UK comprises a potential breach of both the Convention and the Equality Act, and in future should only be sought when, having taken all the steps noted above, a local authority reaches the considered view that there is no other solution to the particular problems that have arisen or are imminently likely to arise.’

Mulvenna and Smith v Secretary of State for Communities and Local Government (SSCLG) and the Equality and Human Rights Commission (EHRC) (2017) EWCA Civ 1850These two judicial review claims followed Moore and Coates v SSCLG and EHRC [2015] EWHC 44 (Admin) in which Gilbart J found the Secretary of State had unlawfully discriminated against Romani Gypsies/Irish Travellers by recovering all Gypsy/Traveller caravan site planning appeals for his own determination in breach of the Equality Act 2010 and Articles 8 and 14 of the European Convention on Human Rights (the Convention). The claimants argued that the Secretary of State’s unlawful recovery of their appeals had a "domino effect", which rendered his own appeal decisions unlawful. The EHRC supported that argument but Cranston J rejected it and the Court of Appeal upheld his decision.

Traveller Movement v J D Wetherspoon PLC (2015) Central London County Court, 18th May 2015, HHJ Hand QC  
In this landmark discrimination claim the court held that a pub that had refused entry to Irish Travellers and Romani Gypsies and their companions following an annual conference organised by the Traveller Movement had committed direct race discrimination because the pub landlord made stereotypical assumptions that Irish Travellers and Romany Gypsies were likely to cause disorder. The court also held that the Travellers’ and Gypsies’ companions also succeeded in their claims for associative direct discrimination.