Daniel Kozelko

Daniel has experience acting for a range of litigants in public law matters, including central and local government bodies, campaign groups, and individual claimants. He is a member of the Government Legal Department’s ‘Junior Junior’ scheme. Daniel is also instructed as junior counsel by a Core Participant in the Infected Blood Inquiry, and has previously been instructed in the Brook House Inquiry. 

Cases of note:

• Acting as junior council in judicial review 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 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.
• Acting as junior counsel in a whistleblowing investigation into a national charity concerning historic sexual offences and deficient safeguarding policies.
• 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 pro bono in respect of a child with significant special educational needs and her application for a residential placement at a specialist independent school.
• 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. 

Daniel’s planning practice ranges from challenges to large infrastructure projects to householder enforcement appeals. He regularly appears in planning inquiries for all parties, and also appears in the High Court on planning appeals and judicial reviews. Daniel has a particular interest in Nationally Significant Infrastructure projects, and is currently instructed to appear for an interested party in the development consent order (DCO) examination for Sunnica Solar Farm.

Daniel is a contributor to Butterworths Planning Law Service, where he currently edits the planning appeals and EU law chapters. He also has a secondment role advising the countryside and rights of way service of a county council. 

Cases of note:

• 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.
• Acting as junior counsel in the DCO examination of Sunnica Energy Farm, a large solar farm and associated battery energy storage system works in the east of England. 
• 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.
• Advising on permitted development in respect of camp sites in the Covid-19 pandemic. 
• Advising a property developer on infilling on a brownfield site in the green belt and the interpretation of the National Planning Policy Framework.
• 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. 

Daniel has significant experience advising in contentious and non-contentious property law matters. This includes landlord and tenant but extends to advising on restrictive covenants in the context of compulsory purchase and a Nationally Significant Infrastructure Project. Daniel has also 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.

Cases of note:

• 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 a right  to manage (RTM) company in the management of a mixed commercial residential building complex. 
• Advising a campaign group pro bono on the effect of a restrictive covenant on the construction of a Nationally Significant Infrastructure Project near a World Heritage site. 
• 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.

Daniel’s environmental practice extends to all sizes of projects, with a particular focus on Nationally Significant Infrastructure projects. Currently, Daniel is advising an interested party in respect of environmental impact assessment (EIA) matters and whole life cycle carbon assessments for the DCO examination of the Sunnica Solar Farm. He has also advised a campaign group in respect of protected species, noise and impact assessment matters in the context of the construction of a new railway line. In respect of smaller scale projects, Daniel has advised on the issue of flood plains and water runoff from sewerage for a small camp site. Daniel is a member of the UK Environmental Law Association. 

Cases of note:

• 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.
• Acting as junior counsel in the DCO examination of Sunnica Energy Farm, a large solar farm and associated battery energy storage system (BESS) works in the east of England. 
• Advising on development of camp sites in flood plain areas, with a particular focus on sewerage and waste water concerns. 
• Advising a council on legal challenges to noise produced by places of worship. 
• Advising a local campaign group on the impact of building works for new all-weather tennis courts on bats and other protected species. 

Daniel’s regulatory practice is a wide one, involving a host of medical and other professional regulators. He appears in the High Court in respect of appeals and extensions to suspension orders. He also regularly appears before various regulatory tribunals on registration and disciplinary matters. Daniel has recently been appointed as a panel member on the Football Association’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. 

Cases of note:

• 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.
• Acting as junior council in disciplinary proceedings brought by the Solicitors Regulatory Authority in respect of a solicitor accused of significant negligence and misconduct. 
• Advising a regulator in respect of reviewing various regulatory decisions of medical tribunals. 
• 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.
• Advising a regulator on the interpretation of EU and immigration law in the context of registration applications.
• 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. 

Daniel’s practice in sports law ranges across his regulatory, safeguarding, and commercial law experience. He currently sits as a panel member for The Football Association on its Safeguarding Review Panel. Daniel also writes on sports law matters, with a particular focus on esports, for LawInSport. Previously, he has chaired a panel discussion on legal and regulatory challenges in esports at the LawInSport annual conference.

Cases of note:

• 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 counsel in a whistleblowing investigation into a national charity concerning historic sexual offences and deficient safeguarding policies.
• Being a panel member of The Football Association’s Safeguarding Review Panel. The panel considers interim and final orders in respect of the continued involvement of players, coaches and spectators in sport. The focus of the panel is on ensuring the safety of football for children and vulnerable adults.

Daniel has experience in energy and natural resources matters in a range of contentious and non-contentious contexts. He acts both as sole counsel and junior counsel in a larger team on such matters. Daniel’s practice in energy has significant cross-overs with his work on Nationally Significant Infrastructure projects and planning law. Daniel is a contributor to Wilmot-Smith on Construction Contracts (4th Edition, 2021). 

Cases of note:

• Appearing as junior council in PBS Energo AS v Bester Generacion UK Ltd [2020] EWHC 223 (TTC) concerning the construction and defects in a biomass power plant.
• Appearing as junior counsel in the DCO examination for Sunnica Energy Farm, the largest proposed solar farm and battery energy storage system in the UK. 
• Acting as sole counsel drafting a defence and counterclaim in a debt claim brought in a construction dispute over defects in an air handling system.
• Acting on a significant document review in respect of a defects claim brought for a hospital.
• Acting in the county court in claims brought for damages to infrastructure caused by construction and utilities companies.
• 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.