Daniel Kozelko

Year of call:
2018
Email:
daniel.kozelko@39essex.com

Clerks:
+44 (0)20 7832 1111

Daniel has a broad practice across all areas of Chambers’ specialisms, with a focus on public law, planning law, environmental law, and regulatory law.

He appears frequently in court, and regularly undertakes pleading and advisory work. He also has significant experience appearing in various regulatory tribunals, the Infected Blood Inquiry, and in planning inquiries. In addition, Daniel has recently been appointed as a panel member on the FA’s Safeguarding Review Panel.

From 2019 to 2020 Daniel was Judicial Assistant to Lord Carnwath and Lady Arden at the Supreme Court of the United Kingdom. During his time in that role he worked on both Supreme Court and Judicial Committee of the Privy Council cases.

Daniel is a contributor to Butterworths Planning Law Service, LawInSport, Wilmot-Smith on Construction Law, and the LAG Community Care Bulletin.

Environmental and Planning


Daniel’s environmental and planning practice ranges from challenges to large infrastructure projects to householder enforcement notice appeals. Recent instructions include:

  • Acting for a council in a planning inquiry resisting an appeal against an enforcement notice for change of use of a residential property to a business use.
  • Acting for an appellant in an appeal against an enforcement notice issued against a structure constructed in the Green Belt.
  • Acting as junior counsel in a DCO examination for the construction of a large solar farm and associated BESS works.
  • Acting as junior council in judicial review and Road Traffic Regulation Act 1984 proceedings brought by a local campaign group against a decision of a council and TfL to introduce cycle lanes in the Covid-19 pandemic.
  • Advising a local campaign group on environmental and planning matters concerning protected species, noise, and environmental impact assessments in the context of the construction of a new railway.
  • Advising a council on legal challenges to noise produced by places of worship.
  • Advising on permitted development in respect of camp sites in the Covid-19 pandemic.
  • Advising on a planning enforcement notice in respect of an annex building inhabited as a separate dwelling.
  • Advising a property developer on infilling on a brownfield site in the Green Belt and the interpretation of the National Planning Policy Framework.

Daniel has a particular interest in planning appeals, and is a contributor to Butterworths Planning Law Service where currently edits the planning appeals and EU law chapters. Daniel has also given a seminar in the 39 from 39 series on the interpretation of certain changes to the General Permitted Development Order.

While a Judicial Assistant at the Supreme Court, Daniel assisted with several cases related to planning and environmental law. Those cases included: R (on the application of Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council [2020] UKSC 3 concerning the interpretation of paragraph 90 of the National Planning Policy Framework; and, Dill v Secretary of State for Housing, Communities and Local Government [2020] UKSC 20 concerning the interpretation of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Administrative, Public and EU


Daniel has experience acting for a range of litigants in public law matters, including central and local government bodies, campaign groups, and individual claimants. Recent instructions include:

  • Acting as junior counsel to a core participant in the Infected Blood Inquiry, including regular appearances at hearings in 2020 and 2021.
  • Acting as junior counsel in a whistleblowing inquiry into a national charity concerning historic sexual offences and deficient safeguarding policies.
  • Advising a campaign group on judicial review proceedings in respect of bias and predetermination by a council in its decision to adopt a new community sport policy.
  • Advising pro bono in respect of a child with significant special educational needs and her application for a residential placement at a specialist independent school.
  • Advising a campaign group on the issuing of requests under the Freedom of Information Act 2000 and Environmental Information Regulations 2004, and advising on appeals in respect of such requests.
  • Advising as junior council on safeguarding and DBS compliance policies in relation to a national charity running schools, training, and recreational activities. This included drafting replacement safeguarding and governance policies.
  • Advising on data protection and data access claims brought against local government bodies.
  • Advising as junior counsel in a deputyship challenge.

While a Judicial Assistant at the Supreme Court, Daniel worked on several public law matters. These included: R (on the application of Miller) v The Prime Minister [2019] UKSC 41 concerning the Prime Minister’s decision to prorogue Parliament; R (on the application of DN (Rwanda)) v Secretary of State for the Home Department [2019] UKSC 7 concerning lawfulness of immigration detention; R (on the application of Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government [2020] UKSC 16 concerning whether the Secretary of State could issue certain directions to local governments on investment of pension schemes; and, Attorney General of Trinidad & Tobago v Ayers-Caesar [2019] UKPC 44 concerning the interpretation of the constitution of Trinidad and Tobago.

Regulatory and Disciplinary


Daniel is interested in regulatory work in a range of contexts, and has experience acting both for and against regulators in a number of fields. Recent instructions include:

  • Acting in the High Court on an application to extend a suspension order on behalf of the Health and Care Professions Council in respect of a case of a paramedic accused of serious sexual offences.
  • Acting on various appeals before the Registration Appeal Committee of the General Dentistry Council.
  • Advising a regulator on the interpretation of EU and immigration law in the context of registration applications.
  • Advising and taking witness statements pro bono for disciplinary proceedings before the Disciplinary Panel of the British Horseracing Authority in respect of a case of suspected horse doping.
  • Acting as junior council in disciplinary proceedings brought by the Solicitors’ Regulatory Authority in respect of a solicitor accused of significant negligence and misconduct.

Daniel has recently been appointed as a panel member on the FA’s Safeguarding Review Panel. In that role he appears as a member of the Panel determining safeguarding and disciplinary matters referred from all levels of the football league.

Daniel has a particular interest in sports regulatory matters. He is a regular contributor at LawInSport, where he has written on a number of issues including: (1) disciplinary proceedings for cheating in esports; (2) esports regulatory bodies; (3) sports and immigration; and, (4) the impact of Covid-19 in sports. He was also part of a panel discussing legal and regulatory challenges in esports at the LawInSport annual conference in September 2020.

While a Judicial Assistant at the Supreme Court, Daniel assisted with a number of cases relating to regulatory and disciplinary law. Those cases included: Elefterescu v The Royal College of Veterinary Surgeons [2020] UKPC 6 concerning an appeal against a veterinary surgeon being struck-off for disgraceful conduct.

Commercial, Construction and International Arbitration


Daniel has a range of experience in in commercial and construction law, involving matters in a variety of different sectors. Recent instructions include:

  • Appearing as junior council in PBS Energo AS v Bester Generacion UK Ltd [2020] EWHC 223 (TTC).
  • Acting on a significant document review in respect of a defects claim brought for a hospital.
  • Advising on and drafting a defence and counterclaim in a debt claim brought in a construction dispute over repairs to an air handling system.
  • Acting in the county court in claims brought for damages to infrastructure caused by construction and utilities companies.

Daniel is a contributor to the fourth edition of Wilmot-Smith on Construction Contracts.

While a Judicial Assistant at the Supreme Court, Daniel assisted with several cases related to commercial and construction law. Those cases included: Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48 which concerned the disclosure and impartiality duties of arbitrators; and, Ciban Management Corporation v Citco (BVI) [2020] UKPC 21 concerning directors’ duties and the sale of property under a power of attorney.

Property Law


Daniel has significant experience advising in contentious and non-contentious property law matters. Recent instructions include:

  • Advising on the application of service charges to various long residential and commercial leases across a building complex.
  • Advising on the interpretation of leases and appropriate allocation of service charges between different residential leases.
  • Advising on the role of an RTM company in the management of a mixed commercial residential building complex.

Daniel has been involved with the 39 from 39 webinar series, and has recently spoken on the interpretation of option agreements and the meaning of “development” in contracts.

While a Judicial Assistant at the Supreme Court, Daniel assisted with several cases related to property law. Those cases included: Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 which concerned the interpretation of a lease and carrying out internal works in breach of covenant; and, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd [2020] UKSC 36 concerning the application of the doctrine of restraint of trade to tenants in shopping centres.

Civil Law


Daniel regularly appears in the County Court and High Court and has experience of trials, applications, MOJ Stage 3 proceedings, infant settlements, and CCMCs. He also has considerable experience drafting and assisting in large and multi-handed claims. Highlights include:

  • Resisting an application for permission for appeal in the High Court in a claim brought by a pilot against an aviation authority.
  • Appearing in proceedings to amend pleadings to include allegations of fraud.
  • Acting as junior council in a contractual claim for overtime brought by various employees of public bodies.
  • Drafting particulars of claim for contribution and recoupment in the context of a multi-victim road traffic accident.
  • Document review and management in the context of a multi-million pound catastrophic injuries road traffic accident case.

While a Judicial Assistant at the Supreme Court, Daniel assisted with several cases related to civil law. Those cases included: Whittington Hospital NHS Trust v XX [2020] UKSC 14 which concerned whether a claimant who was made infertile by a defendant’s negligence could claim the cost of commercial and non-commercial surrogacy agreements; and, Henderson (A Protected Party) v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 concerning the application of the illegality defence to damages claims arising out of negligence.

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

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