Adam Boukraa

Year of call:
2013
Email:
adam.boukraa@39essex.com

Clerks:
+44 (0)20 7832 1111

Adam’s practice extends primarily across public law, human rights, and regulatory and environmental law.

He appears regularly in a wide range of courts and tribunals, including the High Court, Upper and First-Tier Tribunals, Court of Protection and County Court, both as sole and junior counsel.

Adam graduated from Balliol College, Oxford, with a First Class Degree in History and Politics. He obtained a Distinction on the GDL, an Outstanding on the BPTC, and was an Inner Temple Princess Royal Scholar.

Regulatory & Disciplinary


Adam has a broad range of experience in regulatory and disciplinary law. Examples of his work include:

  • Undertaking detailed case reviews of regulatory tribunal decisions for the Professional Standards Authority, in the context of potential referral to the High Court under section 29 of the National Health Service Reform and Health Care Professions Act 2002.
  • Appearing on behalf of the HCPC in the Administrative Court in numerous applications to extend interim orders against registrants, including social workers, radiographers, physiotherapists and occupational therapists.
  • Significant experience in the regulation of political finance and electoral law. During a secondment to the Electoral Commission, Adam advised on a range of issues arising out of the EU referendum and 2017 General Election.
  • In environmental regulation, acting for Southern Water in a substantial dispute with the Environment Agency on changes to its water abstraction licences (with Justine Thornton QC), and advising another water company on the preparation of its water resources management plan (with Stephen Tromans QC).
  • Assisting a healthcare regulator in responding to an external investigation report, covering issues including governance and fitness to practise procedures (with Alison Foster QC).
  • Acting as part of a team appointed as a s.166 FSMA skilled person in a major FCA review of mis-sold interest rate hedging products.
  • Assisting with the preparation of internal disciplinary cases against employees of a European organisation.
  • Contributing to the chapter on the jurisdiction of regulators in the 8th, 9th and forthcoming editions of Jordan’s Regulatory and Disciplinary Proceedings.

Administrative & Public


Adam has a broad public law practice and acts regularly for both claimants and defendant public bodies.  Examples of his recent work include:

  • Appearing on behalf of claimants in challenges to local authority age assessments, both at permission stage in the Administrative Court and in substantive Upper Tribunal proceedings, including a four-day fact-finding hearing.
  • Representing a local authority in defending an application for judicial review following a decision to close a day centre for adults with learning disabilities (with Jenni Richards QC).
  • A wide range of cases in education law, including advising on potential applications for judicial review, appearing before the First-Tier Tribunal in special educational needs appeals and disability discrimination claims, and advising a university seeking to strike out a damages claim.
  • Appearing regularly in the Court of Protection, instructed by the Official Solicitor, RPRs, NHS bodies, local authorities and family members. Adam has particular experience of health and welfare matters and deprivation of liberty challenges under section 21 MCA 2005.  He has acted in cases covering a wide range of conditions – including Korsakoff’s syndrome, acquired brained injury, dementia and autism – and raising issues including capacity to make decisions around consuming alcohol and the best interests of a couple where both individuals lack capacity to decide where to live.
  • Acting for the Financial Ombudsman Service in defending applications for judicial review.  Adam has also advised the FOS on a wide variety of matters, in particular in relation to its jurisdiction to consider certain complaints.
  • While on secondment, advising the Electoral Commission on its statutory powers relating to a range of political finance and electoral regulation issues.
  • R (The Pharmaceutical Services Negotiating Committee) v Secretary of State for Health [2017] EWHC 1147 (Admin): Appearing on behalf of the claimant in a challenge to a consultation and funding decision for community pharmacy services.  The grounds included breach of the Secretary of State’s Tameside duty and consultation obligations (with Alison Foster QC).
  • R (Horeau and others) v Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 2102 (Admin): Defending a challenge to a consultation on the potential resettlement of individuals removed from the Chagos Islands (with Kieron Beal QC and Penelope Nevill).
  • Kimathi v Foreign and Commonwealth Office: Assisting in the FCO’s defence of a large group of claims relating to the Mau Mau uprising, including two research trips to Kenya.
  • Representing applicants for immigration bail in the First-Tier Tribunal (Immigration and Asylum Chamber), instructed pro bono by Bail for Immigration Detainees.

Commercial


Adam has experience of a variety of commercial work. Examples include:

  • In financial services, advising the Financial Ombudsman Service on issues including financial product mis-selling, unregulated collective investment schemes and consumer credit.  Adam was also part of a team appointed as a s.166 FSMA skilled person in a major FCA review of mis-sold interest rate hedging products.
  • Defending a car manufacturer in a breach of warranty claim.
  • Defending a green energy company in a claim for misrepresentation and breach of contract.
  • Defending a heating service and maintenance company against allegations of professional negligence.

Planning, Environment & Property


Adam has experience in a variety of environmental and planning law matters, with a particular focus on environmental work.  Examples include:

  • Advising a water company on the preparation of its water resources management plan (with Stephen Tromans QC).
  • Acting for Southern Water in a substantial dispute with the Environment Agency on changes to water abstraction licences, culminating in a public inquiry (with Justine Thornton QC).  The case involved issues across the Habitats Directive, Water Framework Directive, domestic environmental law and the legislative regime governing water abstraction.
  • Bains v Hounslow LBC [2016] PAD 33: Successfully representing the appellant in challenging an enforcement notice on a residential property.
  • Defending a statutory undertaker against claims arising out of sewage flooding.
  • Assisting with advice on the hierarchy of environmental and planning law responsibilities for the clean-up of contaminated land.
  • Identifying potential causes of action where waste has been deposited on land, including nuisance, negligence, trespass and s.34 Environmental Protection Act 1990.

Adam also writes regularly on environmental matters. He is a contributor to the Journal of Environmental Law, assisted with the update of the current edition of Contaminated Land by Stephen Tromans QC, and with Stephen prepares updates on contaminated land issues for the Chambers webpage.

Call +44 (0)20 7832 1111 for more information

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