Eleanor Leydon

Year of call:
2020
Email:
eleanor.leydon@39essex.com

Clerks:
+44 (0)20 7832 1111

Eleanor accepts instructions in all Chambers’ areas of practice. She is particularly interested in public, environmental and planning law. From May – July 2022 she will be seconded to the Administrative Court as a Judicial Assistant.

Eleanor’s practice includes a broad range of pleadings and advisory work. She has appeared in the High Court (Administrative and Chancery Divisions); in the Court of Protection; in a school admissions appeal; in the magistrates court on a planning enforcement matter; and in a range of county court matters including personal injury and credit hire and possession hearings.

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.

Eleanor is committed to widening access to the Bar and is a Bridging the Bar mentor. Eleanor accepts instructions on a pro bono basis.

Public Law


Eleanor hopes to develop a broad public law practice, and has so far gained experience in equalities law, education law and Court of Protection work, as well as the intersections with environment and planning. She is also interested in community care and prisons law.

Eleanor is currently instructed on the Infected Blood Inquiry.

Other current and recent work includes:

  • Appearing as junior counsel in SM & SDJ v London Borough of Hackney [2021] EWHC 3294 (Admin), a statutory review of Experimental Traffic Orders on grounds including the PSED, consultation, and Article 8 and 14 ECHR
  • Appearing in the Court of Protection on both the Health and Welfare and Property and Affairs pathways, including in a contentious application for a Property and Affairs deputy
  • Appearing in a two-day group school admissions appeal
  • Advising a parent of a child with SEND on potential claims against the school and local authority under the Equality Act 2010; section 19 Education Act 1996; and section 42 Children and Families Act 2014
  • Drafting several sets of SEND tribunal submissions
  • Assisting on two disability discrimination claims against schools, including drafting grounds and a skeleton argument for permission to appeal to the First-Tier and Upper Tribunals
  • Advising a SEND charity on amendments to the Health and Care Bill
  • Advising on the discriminatory effect of a sports law rule, including whether the criterion applied was inherently discriminatory
  • Advising on the lawfulness of a local authority’s processes for statutory assessment of the needs of disabled children
  • Drafting grounds of judicial review challenging the exercise of the Local Government Ombudsman’s jurisdiction in the context of SEND tribunal appeals
  • Drafting a permission skeleton in a judicial review of the decision to disclose information about an acquittal on an Enhanced Criminal Records Certificate
  • Advising on a Freedom of Information request engaging exceptions relating to the monarchy and personal data

Planning and Environment


Eleanor is particularly interested in environmental law and has recently worked on an air pollution judicial review, researching EU air quality law and ECtHR case law on the human rights impacts of air pollution. She has written on climate litigation, including recently on Milieudefensie v Royal Dutch Shell for It’s Freezing in LA! Magazine. She studied environmental and climate law and policy during her LLM at UCL.

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

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; CLEUD applications; changes in use class; listed buildings; and CIL liability.

She also works with a planning consultancy on various applications for planning permission, including Green Belt development, and is currently working on waste law and policy issues.

Other current and recent work includes:

  • Appearing as junior counsel in SM & SDJ v London Borough of Hackney [2021] EWHC 3294 (Admin), a statutory review of Experimental Traffic Orders
  • Drafting summary grounds of resistance to a judicial review challenge to various traffic regulation orders
  • Advising on and drafting pleadings for the High Court as sole counsel in a s106 TCPA 1990 dispute
  • Appearing in the magistrates’ court on a planning enforcement matter
  • Assisting on an airport expansion inquiry and a rights of way inquiry, including drafting cross-examination questions and closing submissions

During pupillage, Eleanor advised on matters including:

  • The operation of a new class of permitted development rights; the adoption of a neighbourhood development plan; the rerouting of a public highway; the operation of the Public Sector Equality Duty in a planning context; and the locus standi of companies formed by local action groups

Commercial, Construction and Property Law


Eleanor’s court appearances include:

  • Appearing as sole counsel in the Chancery Division of the High Court, in various interim applications in a partnership dispute
  • Appearing in the county court for a CCMC in an unlawful forfeiture dispute
  • Successfully defending a possession claim in the county court
  • Successfully applying to set aside default judgment in a money claim against a further education provider

During pupillage, Eleanor worked on a range of commercial matters including:

  • As sole counsel, advising a sub-contractor on recovering retention monies owed under a Design and Build Sub-Contract with amendments
  • Advising on the validity of a deed of novation
  • Advising on the commercial and property aspects of an alleged joint venture in UK property development between several BVI-registered companies
  • Observing company law matters including a reduction in capital application and an unfair prejudice petition
  • Assisting with several construction adjudications
  • Assisting with submissions to the Grenfell Inquiry

Civil Liability


Eleanor regularly appears in the county court in small claims and fast track personal injury and credit hire hearings.

Pupillage experience includes:

  • Drafting pleadings including a defence and counter-schedule in an Occupiers’ Liability claim; a defence and counter-schedule in a Road Traffic Accident claim including a Fatal Accidents Act component; and a particulars of claim and schedule in a clinical negligence claim
  • Advising on liability, quantum and fundamental dishonesty in a range of civil liability matters
  • Researching the parallel application of the Human Rights Act 1998 in a common law claim in negligence

Eleanor 's Practice Areas


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

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