Kevin Leigh

  • Year of Call 1986

Introduction

Introduction

Kevin has practised as a barrister since 1986 and is a qualified mediator. He joined 33 Bedford Row in 2019 as Head of the Planning, Property, and Environment Group, having previously been a member of the Planning and Chancery groups at No.5 Chambers from 2008.

In addition to being instructed by solicitors and local authorities, Kevin regularly works directly with professional clients and members of the public under the Licensed Access and Direct Public Access schemes. 

Outside the Bar, Kevin was planning director of a property development and construction group of companies. He remains involved with property development outside professional work. 

Kevin's approach is commercially focused and collaborative. He is able to work hands on with any team to attain the best achievable outcome. He works quickly and strives to add practical and commercial value to any dispute or project. Kevin is always willing to go the extra mile to achieve the right result.  He is available by phone and email to suit the needs of his professional and lay clients.

Practice

Practice

Kevin specialises in planning and land law including judicial review. He appears in court and before tribunals as well as in mediations. In addition to all aspects of land development, his work areas include boundary disputes, rights of way, trespass and nuisance, restrictive covenants and connected matters reviewing local authorities’ conduct. Kevin appears at public inquiries and hearings on planning and enforcement appeals as well as development plan examinations; and acts in both the criminal and civil courts in relation to planning and land law cases.

Kevin is instructed in development cases ranging from residential matters (from one-off to estate schemes) through to commercial/industrial sites (such as retail, office, leisure and hotel projects) as well as traveller cases. In disputes involving boundaries and rights of way, he travels throughout England and Wales to give advice and, when necessary, appears in court and mediations. Kevin's clients are individuals, groups, businesses and local authorities. He also has a niche practice in taxi licensing.

Kevin gives talks to audiences of lawyers, other professionals, local authorities and developers on matters related to both substantive and procedural planning law and development issues including preparing for and participating effectively in planning appeals. He also answers practical questions for the LexisNexis website on its property, planning and litigation panels.

Experience

Experience

Since the 1990s, Kevin has acted as ad hoc consultant to property developers and organisations dealing with land providing advice and assisting project management from inception (looking at sites and proposed projects, negotiating with vendors, meetings with planning authorities) through to obtaining consent including (as counsel) representation on appeal and in court. Outside of the Bar, Kevin assists with development schemes from inception to design and then promotion through to consent – where possible without the need for appeals.

Where commercially viable or tactically appropriate, Kevin has always helped clients push boundaries such as when he commenced the first set of judicial review proceedings and then appeared as junior counsel in the so-called Alconbury cases in the Divisional Court and the House of Lords (now Supreme Court) dealing with human rights’ challenges under Article 6 to the call-in powers of Secretary of State for the Environment, Transport & the Regions. 

Direct Access

Direct Access

Kevin has been accredited for direct access since 2006, after it was introduced in 2004. He was Vice Chair of the Bar Council's public access committee and later a member of its direct access panel. Kevin has championed direct access since its inception and addressed diverse audiences on the benefits of instructing counsel directly.  

Kevin regularly works with specialist and lay clients. He also acts for clients of solicitors, who choose to instruct him directly inorder to obtain specialist representation, whilst also attaining costs savings and added convenience.

Kevin will provide an initial conference call for free of charge or on a fixed cost basis, wherever possible depending on the urgency and circumstances of the case.

Notable Cases

Notable Cases

Allen v SoS & Stratford-on-Avon DC[2012] EWHC 671 (Admin) Reasons challenge including misapplication of PPG2 & development plan policies re siting of mobile home in green belt 

Bravebyte Ltd (t/a London Equestrian Centre) v. First Sec. Of State [2004] PLSCS 50 Development in green belt

Changeinvest Limited v Erika Meta Rosendale-Steinhusen[2004] EWHC 264 (Ch) Right of way & precedent conditions

Elcock & Elcock v. Newham LBC(1996) 71 P.&C.R. 575 Blight notice

Euro Garages v. SSCLG + Cheshire West & Chester Council[2018] EWHC 1753 (Admin) Petrol filling station & contextual meaning of impact on openness in green belt

Georgiou v. SoS & Lambeth BC [2011] EWCA Civ 775 Reasons challenge & failure to deal with expert noise evidence

Hair v. Gilman(2000) WL 510 (CA 17thFebruary 2000) Temporary permission for parking converted into permanent easement under s.62 of the Law of Property Act 1925when landlord conveyed to tenant

Hinde v. Rugby BC & SSCLG[2011] EWHC 3684 Period for challenging development plan

Islam v. SSCLG & Tower Hamlets LBC(HC 4thMay 2012) (not yet reported) Whether large umbrellas used as canopy within meaning of development & appealing enforcement notice refusal to grant permission where no challenge on legal grounds

London Borough of Tower Hamlets v. Secretary of State for the Environment & London Galvanizers Ltd31stJanuary 1989 (unreported) Validity of planning condition affecting use of highway

Majorpier Ltd v. Secretary of State for the Environment & Southwark LBC(1990) 59 P.&C.R. 453 Failure to adjourn inquiry & natural justice

Melton v. Uttlesford District Council; R. (on the application of Thomas Melton) v. Uttlesford District Council[2009] EWHC 2845 (Admin) Taxi licence challenges

Milton Keynes Council v. Skyline Taxis & Private Hire Ltd + Gavin Sokhi[2017] EWHC 2794 (Admin) Cross-border taxi licensing

Newham London Borough Council v. Secretary of State for the Environment & Daniel(1995) 70 P & CR 288 Effect of s.54A of TCPA 1990

Perlman v. Rayden[2004] EWHC 2192 (Ch) (7thOctober 2004) Easements for repair & rights of way

R. v. Secretary of State for the Environment, ex p. Collins[1989] E.G.C.S. 15 Definition of curtilage

Re Poulton’s Application(1992) 65 P.&C.R. 319 Discharge of section 52 agreement

R. v. FranklinThe Times 16thJune 1994 Exclusion of interviews under s78 PACE & application of proviso

R. v. GuthrieThe Times 23rdFebruary 1994 Majority direction

R. v. St Albans DC ex p David Weston (on behalf of St Albans Taxi Drivers Association ‘98)19thJanuary 2000 (unreported) Judicial review of deregulation of hackney carriage licences

R. (on the applications of Holding & Barnes plc & Premier Leisure UK Ltd ) v. Secretary of State for the Environment, Transport & the Regions[2001] 2 W.L.R. 1389 Human rights challenge to lawfulness of call-in powers, aka the ‘Alconbury cases’

R. (on the application of Martin McCleave) v. Powys CC + Powell2018 [not reported yet] Duty under S.66 of Listed Building Act 1990& consideration of harm to heritage asset

R. (on the application of Mr & Mrs Rungay) v. SSCLG, Corderoy & Rochford DC[2014] EWHC 627 (Admin) High hedge challenge

Rochford District Council v. Secretary of State for the Environment & Sargant17thFebruary 1989) (unreported) Effect of Green Belt policy on extensions to dwellings

Stanley v. Rawlinson[2011] EWCA Civ 405 Experts’ duties in negligence claim relating to rebuilding wall that collapsed in high winds

Stratford Upon Avon District Council v. Dyde[2009] EWHC 3011 (Admin) Over-charging taxi fare & excluding unfair evidence in criminal trial

Syed Shahid v. Secretary of State for Communities & Local Government[2008] EWHC 2080 (Admin) Effect of future impact where long existing unlawful use

Tewkesbury BC v. 1. Secretary of State for Communities & Local Government 2. Comparo Ltd 3. Welbeck Strategic Land LLP[2013] EXHC 286 (Admin) Meaning & effect of localism under the Localism Act 2011

Thurrock Borough Council v. Secretary of State for the Environment, Transport & the Regions & Terry Holding[2003] EWHC 3138 Unlawful change of use of airfield & incidental aviation purpose to dwelling house

Memberships

Memberships

Kevin is a member of the following professional associations:

      Planning & Environment Bar Association

      Property Bar Association 

      Chancery Bar Association.

For many years, Kevin was on the Bar Council committee/panel dealing with public and licensed access. 

Kevin also sat for over 12 years on The Disciplinary Tribunal of the Council of the Inns of Court as a judge dealing with professional complaints against barristers.

Qualifications

Qualifications

In 1985 Kevin graduated from Leicester University. He read law LL.B. (Hons) including planning law and produced a thesis examining airport development with emphasis on London airports following the (then) recent Stansted Airport Inquiry and the report of Graham Eyre QC. The late David Hughes incorporated this into his book Environmental Law (1st ed.) published by Butterworths.

He completed a planning pupillage in 1987 at 2 Mitre Court, Temple (David Widdicombe QC) and became a tenant in Gray’s Inn by the end of 1987 where he developed his own planning practice.

Kevin joined 10 King’s Bench Walk (Simon Goldstein QC) in June 1991 to develop its planning team. In 1998, he was invited to join 6 Pump Court (Stephen Hockman QC) to create a planning and environment group, remaining there until 2007.

He then spent 6 months as planning director of a group of development and construction companies. Kevin was also a founding member of Regency Chambers in Cambridge and Peterborough and a specialist door tenant at Westgate Chambers in Lewes.

Kevin joined No.5 Chambers in 2008 when he returned to fulltime practice as part of its planning/environment and chancery/commercial teams based in London.

In March 2019, Kevin moved to 33 Bedford Row to head up the property, planning and environment group. 

Testimonials

Testimonials

I want to thank you for handling a most challenging case really well. Your cross examination was perfect and your ability to absorb large amounts of new information impressive.

Counsel picks things up very quickly & gives decisive advice taking into account commercial reality. I do not feel that the taximeter is just running for its own sake & I do not feel that I get charged for every minute of every discussion or email. I feel I get effective added value from his input & he is not afraid to lead from the front. 

Because I knew nothing about courts or court procedure or the legal system I found this experience to be very upsetting and very frightening, but Kevin Leigh was extremely supportive throughout and he managed to put me at ease.

Kevin Leigh is sharp witted and extremely capable advocate who exudes confidence and has an affable yet courteous approach to his lay clients.

Your approach at the seminar was refreshingly open, practical and business-like – not the dry lawyerly presentation they had feared.

Publications

Publications

Kevin's university thesis on airport development was incorporated by the late Prof. David Hughes into his book Environmental Law (1st ed.) published by Butterworths.

Kevin assisted James Button in the preparation of the 2nd ed. of his book ‘Taxi Licensing – Law & Practice’ (by Butterworths) because of his work in taxi licensing, particularly in cases involving contentious and topical legal issues such as cross-border licensing. 

Data Protection Notice

Data Protection Notice

Privacy Notice

Privacy Notice - General Data Protection Regulation – Kevin Leigh

Please read the following information carefully.

This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who I share this information with, the security mechanisms I have put in place to protect your data and how to contact me in the event you need further information. 

Who Am I? 

Kevin Leigh is a barrister practising at 33 Bedford Row Chambers, 33 Bedford Row, London WC1R 4JH. I collect, use and am responsible for personal information about you (personal information being any information about an individual from which that person can be identified). When I do this I am the ‘controller’ of this information for the purposes of the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018. If you need to contact me about your data or the processing carried out you can use the contact details at the end of this document.

What do I do with your information?

Information collected 

When carrying out the provision of legal services or otherwise providing services to you I collect personal information that you provide that includes, but is not limited to, the following:

a. personal details (including copies of documents such as passports and driving licences)

b. family details

c. lifestyle and social circumstances

d. goods and services

e. financial details

f. education, training and employment details

g. other personal data relevant to, or included in, instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

In relation to (g) such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners.  Where you provide such personal information to me, you confirm that you are authorised to do so. It is not reasonably practicable for me to provide to these individuals the information set out in this Privacy Notice. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Similarly, where you are a professional client and provide me with personal data relating to your client (including any information referenced in (f) above) you confirm that you are authorised to do so.

Information collected from other sources 

The personal information I obtain may include information which has been obtained from:

  • other legal professionals

  • other professional services providers (including consultants)

  • experts and other witnesses

  • prosecution authorities

  • courts and tribunals

  • trainee barristers

  • lay clients

  • family and associates of the person whose personal information I am processing

  • in the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman

  • other regulatory authorities

  • current, past or prospective employers

  • education and examining bodies

  • business associates, professional advisers and trade bodies, e.g. the Bar Council

  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals data processors, such as my Chambers staff, IT support staff, email providers, data storage providers

  • public sources, such as the press, public registers and law reports.

In particular, I may collect information from a solicitor or consultant or other professional adviser that instructs me on your behalf to provide legal services.

How I use your personal information:

Purposes I may use your personal information for the following purposes:

  1. to provide legal services to my clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations

  2. to keep accounting records and carry out office administration

  3. to take or defend legal or regulatory proceedings or to exercise a lien

  4. to respond to potential complaints or make complaints

  5. to check for potential conflicts of interest in relation to future potential cases

  6. to promote and market my services

  7. to carry out anti-money laundering and terrorist financing checks

  8. to train other barristers and  pupils, and when providing work-shadowing opportunities

  9. to publish legal judgments and decisions of courts and tribunals

  10. as required or permitted by law.

Whether information has to be provided by you and why

If I have been instructed by you or on your behalf on a case, your personal information has to be provided to enable me to provide legal services to you, to enable me to comply with my professional obligations and to keep accounting records. If you do not provide the personal information requested, it may delay or prevent me providing services to you.

The legal basis for processing your personal information

I rely on the following as the lawful bases on which I collect and use your personal information:

  • If you have consented to the processing of your personal information, then I may process your information for the Purposes set out above to the extent to which you have consented to me doing so.

  • If you are a client, processing is necessary for the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract.

  • In relation to information which is regarded as “special category data” for GDPR purposes which includes personal information revealing a person’s racial or ethnic origin, religious or philosophical beliefs or data concerning age I rely on your consent for any processing for the purposes set out in purposes (ii), (iv), (vi) and (viii) above. I need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for purposes (iv) (responding to potential complaints) I will be unable to take your case. This is because I need to be able to retain all the material about your case until there is no prospect of a complaint.

  • In relation to information regarded as “special category data” for GDPR purposes I am entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.

  • In relation to information which is not regarded as “special category data” for GDPR purposes, I rely on my legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the purposes set out above.

  • In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks).

  • The processing is necessary to publish judgments or other decisions of courts or tribunals.

Where I rely on legitimate interests as a lawful basis for processing your personal information, I will carry out a balancing test by reference to your interests and fundamental rights and freedoms. I will only use your personal information for the purposes for which I collected it, unless I reasonably consider I need to use if for another reason and that reason is compatible with the original purpose.

Who will I share your personal information with?

If you are a client, some of the information you provide will be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a barrister I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.

It may be necessary to share your information with the following:

  • other professional advisers such as other legal professionals and consultants

  • experts and other witnesses

  • prosecution authorities

  • courts and tribunals

  • the staff in my Chambers

  • pupils

  • lay clients

  • family and associates of the person whose personal information I am processing

  • in the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman

  • other regulatory authorities

  • current, past or prospective employers

  • education and examining bodies

  • business associates, professional advisers and trade bodies, e.g. the Bar Council

  • professional indemnity insurers or brokers

  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.

I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.

I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required or permitted by law. 

Data Processing

I use a number of different service providers (acting as ‘data processors’) who provide administration and  IT-related services to enable me to operate my business and provide services to clients. Your personal information is transferred to (and stored by) these data processors, who generally fall under the following categories:

  • my Chambers

  • Document and data storage service providers

  • Practice Management Service providers

  • IT service providers (which may include cloud-based storage providers)

  • Accounting service providers

  • Email providers

Please contact me using the details at the end of this document if you want further information on specific data processors or the types of personal data they process for me.  

If you would like more information about the systems operated by Chambers in acting as a data processor for me, please contact the Senior Clerk.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your data to that country outside of the EEA for that purpose.

If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this when providing initial instructions.

Some countries and organisations outside the EEA have been assessed by the European Commission and their data protection laws and procedures found to show adequate protection. The list can be found here. Most do not.

If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.

I may transfer your personal information to the following which are located outside the European Economic Area (EEA):

  • cloud data storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield, in order to enable me to store your data and/or backup copies of your data so that I may access your data when they need to. The USA does not have the same data protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacyshield_en, or

  • cloud data storage services based in Switzerland, in order to enable me to store your data and/or backup copies of your data so that I may access your data when I need to. Switzerland does not have the same data protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://ec.europa.eu/info/law/law-topic/dataprotection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

If I decide to publish a judgment or other decision of a Court or Tribunal containing your information then this will be published to the world. 

I will not otherwise transfer personal information outside the EEA except as necessary for providing legal services or for any legal proceedings.

If you would like any further information please use the contact details at the end of this document.

How long will I store your personal data? 

I will normally store all your information:

  • until at least 1 year after the expiry of any relevant limitation period (which will usually be 6 years, but may be 12 years, or longer where the case includes information relating to a minor), from the date of completion of instructions (being the later of when the last item of work has been carried out and when the final payment for my services is received). This is because it may be needed for potential legal proceedings  At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion.

  • I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited to your name and contact details and the name of the case. This will not include any information that is “sensitive information” for GDPR purposes.

  • Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later;

  • Names and contact details held for marketing purposes will be stored indefinitely or until I or my clerks become aware or /are informed that the individual has ceased to be a potential client.

If, when reviewing the personal information I hold, I determine that it is no longer necessary for me to retain such personal information, I will take appropriate steps to either anonymise it or delete it.

(Please note that personal information does not include data where the relevant person’s identity has been removed (ie anonymous data).)

Consent 

As explained above, I am relying on your explicit consent to process any of your personal information e that is “sensitive information” for GDPR purposes.  You provided this consent when you agreed that I would provide legal services. In addition, there may be other circumstances in which I rely on your explicit consent to process other personal information. Where the lawful basis on which I can process your personal information is consent, you have the right to withdraw this consent at any time. If you withdraw you consent this will not affect the lawfulness of any processing activity I have carried out prior to you notifying me of the withdrawal of your consent. Further, withdrawal of your consent will not affect the lawfulness of processing on any other applicable lawful basis (for example, if you have asked me to work for you and I have spent time on your case, you may owe me money which I will be entitled to claim). To withdraw consent, you should notify me by contacting me as set out at the end of this document.

Your Rights 

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:

  • Ask for access to your personal information and other supplementary information;

  • Ask for correction of mistakes in your data or to complete missing information I hold on you;

  • Ask for your personal information to be erased, in certain circumstances (though please note that I may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request).

  • Receive a copy of the personal information you have provided to me or have this information sent to a third party (note this applies to certain data only). This will be provided to you or the third party in a structured, commonly used and machine readable format,

  • Object at any time to processing of your personal information for direct marketing; object in certain other situations to the continued processing of your personal information;

  • Restrict my processing of your personal information in certain circumstances;

  • Request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way. If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual's rights under the GDPR.

If you want to exercise any of these rights, please contact me  using the contact details at the end of this document. Please provide a contact address so that you can be contacted to request further information to verify your identity and in addition:

  • Provide proof of your identity and address;

  • State the right or rights that you wish to exercise. I may also need to ask you to provide other information to help me confirm your identity. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. I will try to respond to all legitimate requests quickly, but in any event within one month. If your request is particularly complex or you have made a number of requests, it may take me longer than one month. In this case, I will notify you and keep you updated.

Keeping your data secure

I use reasonable technical and organisational security measures to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way. In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and are subject to a duty of confidentiality.

Marketing Emails

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, telephone or post about invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/

Future Processing

I do not intend to process your personal information except for the reasons and purposes stated within this privacy notice. If this changes, this privacy notice will be amended and placed on Chambers website. 

Changes to this privacy notice 

This privacy notice was published on 14 August 2019 and last updated on 14 August 2019. I may change this policy from time to time. When I do it will be placed on Chambers website. 

Contact Details

If you have any questions about this privacy notice or the information I hold about you, please contact me or my clerks.  The best way to contact me is to write to me at my Chambers address (33 Bedford Row, London WC1R 4JH) or contact my clerks by email at clerks@33bedfordrow.co.uk or by telephone at +44 (0) 20 7242 6476.