Eleanor Leydon

Year of Call 2020

Eleanor Leydon

Year of Call 2020

Profile

Eleanor primarily practises in public, environmental and planning law. Eleanor previously worked as a Judicial Assistant to Mr Justice Chamberlain in the Administrative Court.

Eleanor undertakes the full range of pleadings and advisory work and is frequently instructed in judicial review proceedings, Court of Protection proceedings, SEND tribunal proceedings, and a range of county court proceedings.

Eleanor is a member of ALBA, CPBA, PEBA and UKELA. Outside of practice, she is the legal editor at It’s Freezing in LA! – an independent, interdisciplinary climate change magazine. Prior to coming to the bar, Eleanor completed an LLM at UCL, studying public and environmental law.

Eleanor accepts instructions on a pro bono basis in appropriate cases.

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Additional Information

Pro Bono and Voluntary Work

Eleanor previously volunteered at Lambeth Law Centre, holding one-on-one outreach appointments, and on the Free Representation Unit’s social security stream, successfully appearing in tribunal. Eleanor has also worked pro bono with City University and No5 Chambers, supporting immigrants with legal aid applications. All her clients’ applications were successful: one subsequently secured funding for her immigration appeal and was ultimately granted leave to remain in the UK alongside her daughter.

Eleanor regularly blogged on human rights law developments for the UK Human Rights Blog and has volunteered for the social rights charity Just Fair.

While an intern at Protimos, Eleanor researched the international legal framework which protects indigenous rights, in particular the principle of free, prior and informed consent (FPIC). Documents which she produced on FPIC were circulated among members of the African judiciary at Protimos’ Judicial Action Group colloquium in Zimbabwe.

As an undergraduate Eleanor was chair of Cambridge PEN, a branch of the human rights organisation English PEN, and delivered consent workshops to 130 undergraduates in the first year they were implemented across the university.

Select expertise to be included in the CV download:

Additional Information

Pro Bono and Voluntary Work

Eleanor previously volunteered at Lambeth Law Centre, holding one-on-one outreach appointments, and on the Free Representation Unit’s social security stream, successfully appearing in tribunal. Eleanor has also worked pro bono with City University and No5 Chambers, supporting immigrants with legal aid applications. All her clients’ applications were successful: one subsequently secured funding for her immigration appeal and was ultimately granted leave to remain in the UK alongside her daughter.

Eleanor regularly blogged on human rights law developments for the UK Human Rights Blog and has volunteered for the social rights charity Just Fair.

While an intern at Protimos, Eleanor researched the international legal framework which protects indigenous rights, in particular the principle of free, prior and informed consent (FPIC). Documents which she produced on FPIC were circulated among members of the African judiciary at Protimos’ Judicial Action Group colloquium in Zimbabwe.

As an undergraduate Eleanor was chair of Cambridge PEN, a branch of the human rights organisation English PEN, and delivered consent workshops to 130 undergraduates in the first year they were implemented across the university.

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Areas Of Expertise

Eleanor has a broad public law practice. She has particular experience in education law, equalities and human rights law, mental capacity law, community care, and the intersections with environment and planning and related regulatory law. She is also interested in parole board and prisons law and procurement law. She was previously a Judicial Assistant in the Administrative Court, assisting a number of High Court judges with judicial reviews.

Eleanor is frequently instructed in the SEND tribunal, both in disability discrimination appeals and a wide range of EHCP appeals, including cease to maintain and EOTAS appeals. She has also advised claimants and local authorities on related judicial review proceedings, and has advised on various local government processes for assessing the needs of disabled children. She has also acted for schools in challenges against local authority decision-making, including in respect of admissions decisions and fees.

Highlights include:

  • Securing a Local Authority concession that their conduct of an EHCP appeal had been unreasonable and that a costs award was appropriate
  • Successfully appealing a First-Tier Tribunal judgment which had upheld the permanent exclusion of a seven-year-old boy with autism, securing first a decision that the Tribunal had erred in law, and then a fresh decision from the original panel which concluded that the exclusion was disproportionate.
  • Led by Steve Broach KC, advising on the discriminatory effect of a national sports law rule, including whether the criterion applied was inherently discriminatory: the advice provided led to the rule being altered.

Eleanor’s planning, environment and energy related work includes advising on the latest round of Contracts for Difference and Capacity Market disputes. Eleanor has also been involved in several challenges to Low Traffic Neighbourhoods.

Eleanor frequently appears in the Court of Protection, in both the Health and Welfare and Property and Affairs pathways, acting for the Official Solicitor, local authorities, ICBs, the OPG, and family members of protected parties.

Eleanor was previously instructed on the Infected Blood Inquiry, acting for NHS Blood and Transplant, led by Charlie Cory-Wright KC.

Eleanor is currently acting in an ongoing European Court of Human Rights challenge to primary legislation on Article 14 ECHR grounds.

Cases of Note

  • J v Bath and North East Somerset Council [2025] EWCA Civ 478 – led by Alex Ruck Keene KC (Hon) and Arianna Kelly, instructed by Article 39 and Mind, in an important case which found that the High Court had been wrong to conclude that a local authority could validly consent to the confinement of children who are under 16 and the subject of care orders, in the exercise of its corporate parental corporate responsibility, when this would otherwise amount to a deprivation of liberty within the meaning of Article 5 ECHR.
  • R (FC) v Bristol City Council [2025] EWHC 3227 (Admin) – led by Steve Broach KC in a challenge to the rationality and proportionality of the local authority’s decision to place two disabled children on Child Protection Plans under the purported category of ‘Emotional Abuse’, in lieu of providing adequate social care support.
  • R (Gould) v Devon County Council [2025] EWHC 96 (Admin) – led by Steve Broach KC in a challenge to the closure of long-running support services for adults with mental health difficulties in North Devon.
  • R (Milburn) v The Local Government and Social Care Ombudsman [2022] EWHC 1777 (Admin) – as junior counsel, assisted with drafting grounds of review for a young autistic man who successfully argued that the LGSCO had a broader jurisdiction than it had understood to investigate complaints about local authorities arising in the context of SEND Tribunal appeals. Was unable to attend the hearing as it fell within a secondment to the High Court as a Judicial Assistant.
  • SM & SDJ v London Borough of Hackney [2021] EWHC 3294 (Admin) – appeared in the High Court as junior counsel in a statutory review of Experimental Traffic Orders on grounds including the public sector equality duty (PSED), consultation, and Article 8 and 14 European Convention on Human Rights (ECHR).

Eleanor has a burgeoning environmental law practice, and is particularly interested in climate change, land use, nature recovery and agriculture. She has contributed to a number of chapters in 39 Essex’s practitioner text, the Law of Net Zero and Nature Positive, coverning the Environment Act 2021 provisions dealing with biodiversity and nature recovery; protected areas; and post-Brexit agricultural law and policy.

Eleanor has been instructed by regulators, government, charities and individual claimants, and has advised on a broad range of environmental issues including EIA, SEA, HRA, air quality, water quality and soil health.

Highlights include:

  • Advising on environmental issues arising from the Retained EU Law (Revocation and Reform) Act 2023, both during and following its progress through Parliament.
  • Advising on the implementation of the EIA, SEA and HRA regimes in England, as part of the OEP’s statutory review of the implementation of the three regimes.
  • Writing on climate change litigation in the Journal of Environmental Law’s annual article on Significant environmental litigation in the Journal of Environmental Law’s annual article on Significant UK Environmental Law Cases, 2022, 2023 and 2024.

Eleanor is a member of UKELA and an editor at It’s Freezing in LA!, an independent climate change magazine, and specialised in climate law and policy during her LLM at UCL. Eleanor accepts instructions on a pro bono basis in appropriate environmental cases.

Eleanor has assisted with several disputes involving the implementation of Low Traffic Neighbourhoods, acting for both claimants and local authorities.

Eleanor has a broad planning practice and has an ongoing consultancy role with a large unitary authority, assisting with judicial review pre-action letters and a wide range of advisory work. She has a particular interest in environmentally focused planning matters.

Eleanor has recently been advising on the implementation of a local authority’s EV infrastructure strategy. She has also recently advised on a complex matter involving the re-activation of a dormant minerals permission in land which is now heavily designated, engaging a number of statutory regimes as well as a number of private law issues.

Eleanor has assisted with several disputes involving the implementation of Low Traffic Neighbourhoods, acting for both claimants and local authorities.

Eleanor has advised on and drafted High Court pleadings for a s106 Town and Country Planning Act 1990 (TCPA) dispute, acting as sole counsel. Eleanor has appeared in the Magistrates’ Court on a planning enforcement matter. She has also assisted with an airport expansion inquiry and a rights of way inquiry, including drafting closing submissions.

Eleanor has worked as a consultant for the planning team of a law firm, advising on a wide range of planning matters arising from complex development projects, including the discharge of planning conditions, pre-commencement conditions, Certificate of Lawful Existing Use or Development (CLEUD) applications, changes in use class, listed buildings, and Community Infrastructure Levy (CIL) liability.

Eleanor has also worked with a planning consultancy on various Green Belt development applications, and  on waste law and policy issues.

Cases of Note

  • SM & SDJ v London Borough of Hackney [2021] EWHC 3294 (Admin) – Appeared in the High Court as junior counsel in a statutory review of experimental traffic orders on grounds including the public sector equality duty (PSED), consultation, and Article 8 and 14 European Convention on Human Rights (ECHR).

Eleanor frequently appears in the Court of Protection, in both the health and welfare and property and affairs pathways. Eleanor has acted for protected parties, local authorities, ICBs and the OPG.

Eleanor’s health and welfare instructions include work on a complex domiciliary care case. She has also successfully represented a local authority in a contentious application for a property and affairs deputy, securing the appointment of a panel deputy.

Eleanor recently appeared before Her Honour Judge Hilder, Senior Judge of the Court of Protection, led by Fiona Paterson KC, in a matter involving the scope of a personal welfare deptuyship order, and in particular whether internet and social media use either were or ought to be within the scope of the order.

Eleanor was previously instructed for a number of years on the Infected Blood Inquiry, acting for NHS Blood and Transplant, led by Charlie Cory-Wright KC.

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