Gethin Thomas

Gethin specialises in public law.  He regularly acts in judicial review proceedings, as both sole and junior counsel, and on behalf of both claimants and defendants. Gethin has a keen interest in all areas of public law.

Gethin is a member of the Attorney General's C Panel of Counsel, and of the Welsh Government's B Panel of Junior Counsel. He is vetted, and holds security clearance.

Gethin's broad public law practise also spans planning, environment and energy cases, as well as commercial judicial review, procurement and matters concerning the regulation of financial services & pensions. He has particular experience of claims involving Article 1 of the First Protocol to the ECHR (A1/P1). He also has expertise in data protection, information and electoral law.

Notable recent instructions in respect of judicial review claims include:

• R. (on the application of Shawbrook Bank Ltd) v Financial Ombudsman Service Ltd; R. (on the application of Clydesdale Financial Services Ltd (t/a Barclays Partner Finance)) v Financial Ombudsman Service [2023] EWHC 1069 (Admin): As junior counsel, led by James Strachan KC, appeared on behalf of the successful Defendant in two joined cases challenged decisions of the Financial Ombudsman Service concerning “fractional ownership” timeshare schemes.
• R (Timson) v Secretary of State for Work and Pensions [2023] EWCA Civ 656: As junior counsel, led by Clive Sheldon KC and Katherine Apps KC, in a judicial review challenge to the operation of the DWP's third party deduction scheme, at first instance and in the Court of Appeal. For more information, please see  here.
• R (on the Application of Tarian Hafren Severn Shield Cyf) v Marine Management Organisation [2022] EWHC 683 (Admin): Acting as junior counsel, led by David Wolfe KC, in a two-day substantive judicial review challenging a marine licence issued by the Marine Management Organisation, granting permission to dispose of mud, dredged during the course of the construction of Hinkley Point C nuclear power station, in the Severn Estuary. For more information, please see here.
• R (on the Application of WC and anor) v Somerset County Council [2021] EWHC 2936 (Admin): As junior counsel, led by Steve Broach, in a two-day substantive judicial review, challenging Somerset County Council's restructuring of its schooling system. For more information, please see here.
• Stuart Binns & Associates v Financial Ombudsman Service [2021] EWHC 1620 (Admin): As sole counsel, successfully defending a judicial review claim at a renewal of permission hearing, appearing against a KC.
• R (on the application of AB) v Northumbria Healthcare NHS Foundation Trust [2020] EWHC 2287 (Admin): As sole counsel, successfully defending judicial review proceedings on behalf of two NHS Trusts concerning alleged data protection breaches, in the Administrative Court. Judgment
• R (on the application of Unite the Union) v North Yorkshire Police Constable & anor: As junior counsel, led by Katherine Apps KC and Oliver Segal KC, in, acting on behalf of the claimant in a judicial review challenge to the impact of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 on lawful picketing within section 220 and 220A of the Trade Union and Labour Relations Consolidation Act 1992. For more information, please see here.
• R (BMA, FDA, Prospect and PCS, GMB, Unite and ors) v Chancellor for the Exchequer: As junior counsel, led by James Eadie KC, Daniel Stilitz KC, Simon Murray and Joanne Clement, in a series of judicial review challenges to the Public Sector Exit Regulations 2020, which include A1/P1 grounds.
• R (Medical Defence Union) v Welsh Government & ors: As junior counsel, acting on behalf of Welsh Government, in relation to a judicial review brought by the Medical Defence Union, challenging its decision not to introduce an existing liabilities indemnity scheme for NHS GP's, which include A1/P1 grounds, led by Rhodri Williams KC and Jo Clement. 
• R (Family Rights Group) v Secretary of State: As junior counsel to Steve Broach, in a judicial review claim, intimated by Family Rights Group, challenging the discriminatory impact of the lockdown restrictions on kinship carers. The claim was conceded by the Secretary of State, and changes were consequently made to the relevant regulations. For more information, please see here.
• R (on the application of LW) v Lancashire County Council: As junior counsel, led by Steve Broach, in a judicial review of a local authority's funding of its short breaks service for disabled children. For more information, please see here.

Gethin is also regularly instructed to advise on a broad range of public law issues. He also has experience of inquiries and investigations. Recent instructions include:

• South Wales Fire and Rescue Service Culture Review: As junior counsel to Fenella Morris KC and Charlene Ashiru, assisting in respect of an independent cultural review.
• Independent Human Rights Act Review Panel: Advising the Independent Human Rights Act Review Panel, chaired by Sir Peter Gross.
• Infected Blood Inquiry: Acting as junior counsel to Charlie Corey-Wright KC by NHS Blood and Transplant, a core participant in the Infected Blood Inquiry.
• Advising the Windrush Lessons Learned Review.
• Advising the Sovereign Borders Programme.
• International sanctions: Advising the Foreign, Commonwealth & Development Office (FCDO) on proposed sanctions designations.
• Pensions regulation: Assisting Katherine Apps, in advising as to the implications of R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government[2020] UKSC 16, in respect of pensions regulation.
• ICO complaints and appeals: Advising in respect of a complaint to the Information Commissioner's Office.
• Advising the Office for Students, as consultant counsel.
• Advising the Financial Ombudsman Service, as consultant counsel.
• Advising the Civil Aviation Authority.

Gethin's broad experience also includes acting in private law matters, involving a public or regulatory law element.

Before joining the bar, Gethin worked on public law reform projects in areas such as electoral law, misconduct in public office and wildlife law. He has particular experience of those areas. Gethin also worked on a project that proposed a new system of codification for the law applicable to Wales, and has a particular interest in Welsh law.

Gethin was also an administrative justice intern at JUSTICE.

Gethin specialises in environmental law. He is ranked as a ‘rising star’ in environmental law by The Legal 500 (2024).

Gethin is regularly instructed to advise on a broad range of  environmental and planning matters. Gethin has extensive experience of environmental judicial review challenges, and climate change litigation. He has acted in a number of high-profile environmental cases. 

He has also advised NGOs, central and local government, regulators, developers and other private companies on a broad array of environmental law issues. These include, for example, water resources, air quality, contaminated land, the Aarhus Convention, SEA, EIA, and Habitats assessments, as well as issues arising under other discrete statutory regimes such as, for example, the Animal Health Act 1981, Forestry Act 1967, and the Hedgerows Regulations 1997.

Gethin is a contributing editor of the Environmental Law Bulletin (published by Sweet & Maxwell). Gethin is a member of the Environmental Law Foundation, through which he provides pro bono assistance on environmental matters. He is also a member of LexisNexis' Q&A Expert Panel on environmental law.

Gethin also has a keen interest in energy regulation, including nuclear power and renewables.

Gethin was ranked as one of the 'Highest Rated Planning Juniors Under 35' by Planning Magazine (2020).

Notable recent instructions include:

• R (on the application of Jennifer Dawes) v Secretary of State and Anor [2023] EWHC 2352 (Admin): Acting on behalf of the Claimant, as junior counsel to Richard Harwood OBE KC, in a judicial review challenging the second grant of development consent for the re-opening of Manston Airport in Kent, on climate change and need grounds. Gethin previously acted on behalf of objectors to the scheme, instructed by the Environmental Law Foundation, in respect to its climate change impacts. Gethin also acted as junior counsel to Paul Stinchcombe KC and Richard Wald KC in a successful judicial review challenging the first grant of the development consent order in 2021. For more information on the first claim, please see here.
• R (Greenpeace UK) v Secretary of State and the OGA [2023] EWHC 2608 (Admin): Acting on behalf of Greenpeace UK, in a judicial review challenging a series of decisions culminating in the launch of the 33rd UK Offshore Oil and Gas Licensing Round by the North Sea Transition Authority, with James McClelland KC and Alastair Richardson.
• R (Transport Action Network Ltd) v Secretary of State and National Highways [2023] EWHC 860 (KB): Acting as junior counsel in a judicial review challenge to the grant of a development consent order for the A428 Road Improvement Scheme, on biodiversity and climate change grounds, led by Estelle Dehon KC.
• R (on the Application of Tarian Hafren Severn Shield Cyf) v Marine Management Organisation [2022] EWHC 683 (Admin): Acting as junior counsel, led by David Wolfe KC, in a judicial review challenging a marine licence issued by the Marine Management Organisation, granting permission to dispose of mud, dredged during the course of the construction of Hinkley Point C nuclear power station, in the Severn Estuary. For more information, please see here.
• R (Transport Action Network Ltd) v Secretary of State: Acting as junior counsel, in a judicial review challenging the Secretary of State's decision not to suspend the National Policy Statement for National Networks pending its review, led by David Wolfe KC and Peter Lockley.
• All Wales (Rod Fishing and Net Fishing) Byelaws: Acted as junior counsel to Richard Wald KC, instructed by Natural Resources Wales, in a four-week Inquiry concerning the implementation of byelaws for the conservation of salmon and sea trout stocks in Welsh rivers. For more information, please see here.
• Advice on Environmental Bill: Advising ClientEarth, as junior counsel to Stephen Tromans KC, in respect of draft clauses of the Environment Bill. The advice was cited during the House of Lords second reading of the Environment Bill.
• EIR: Assisted Nigel Pleming KC in relation to a matter arising from the scope of the definition of 'public authority' pursuant to the Environmental Information Regulations 2004.
• Climate change and planning: Assisted Peter Village KC in advising as to climate change's role in the planning system.
• UNCITRAL arbitration: Acting as junior counsel in an ad hoc arbitration in the energy sector, raising climate change issues, led by Gordon Nardell KC.
• Appeal against revocation of environmental permit: Acted on behalf of the EA in respect of an appeal against the revocation of an environmental permit for a waste operation.  
• SEA and Habitats Directives: Advising the Civil Aviation Authority, in respect of the applicability of the SEA and Habitats Directives to the preparation of an Airspace Change Masterplan.
• Renewables Obligation Scheme: As junior counsel to Duncan Sinclair, advising as to issues arising under the Renewables Obligation scheme, administered by Ofgem.
• Felling Licenses: Advised Natural Resources Wales, as to issues arising in respect of its powers in respect of felling licenses.

Gethin has written articles, and delivered seminars and lectures on environmental matters, such as water resources, climate change, air quality, environmental impact assessments and habitats regulation.

Gethin is regularly instructed to advise on a broad range of planning matters. Gethin has particular experience of acting in judicial review proceedings, as both sole and junior counsel. His enquiry experience includes acting on behalf of the successful party in a four-week inquiry, as junior counsel to Richard Wald KC.

Gethin was ranked as one of the 'Highest Rated Planning Juniors Under 35' by Planning Magazine (2020).

He advises developers, planning consultants, local authorities, and private clients on all aspects of the planning process, including planning enforcement, and planning appeals.

He has particular experience of Development Consent Orders under the Planning Act 2008, having acted in one of the first successful judicial review challenges to the grant of a DCO, concerning Manston Airport.

Examples of his recent instructions include:

• Ipswich Borough Council v Fairview Hotels (Ipswich) Ltd [2022] EWHC 2868 (KB): Acting on behalf of the local planning authorities in an injunction claim under section 187B of the Town and Country Planning Act 1990.
• Section 288 statutory review: As sole counsel, defending statutory challenges brought against the Secretary of State.
• Statutory blight claim: Assisting John Steel KC in advising as to a statutory blight compensation claim for HS2 safeguarded land.
• Reserved matters decision challenge: Acted as junior counsel to Brian Ash KC on behalf of the claimant in a judicial review claim against a reserved matters decision of a local authority.
• Section 289 appeal: Acted as junior counsel, in respect of an enforcement appeal to the High Court pursuant to section 289 of the Town and Country Planning Act 1990.
• Judicial review of CLD: As sole counsel, acting on behalf of the Civil Aviation Authority, as an interested party to a judicial review challenge in respect of a certificate of lawful development issued to the operators of Elstree Aerodrome.
• Appeal against section 215 notice: Assisting Daniel Stedman-Jones in respect of an appeal against a section 215 notice.
• Green belt planning permission refusal: Advising a developer as to prospects of successfully appealing a refusal of planning permission to build within the Green Belt.
• Section 106 agreements: Advising a local authority as to provisions of a section 106 agreement.
• Certificate of lawful development: Advising a developer as to an application for a Lawful Development Certificate for existing use.
• Planning conditions: Advised a developer in relation to issues arising from the removal of permitted development rights by planning conditions.
• Breach of enforcement: Appeared as sole counsel in committal proceedings for breach of an enforcement injunction before the High Court.

Gethin is a contributor to the current edition of Shackleton on the Law and Practice of Meetings.

Gethin is regularly instructed in commercial matters. Gethin has appeared as both sole and junior counsel in commercial proceedings in the High Court (in the Technology and Construction Court (TCC), Commercial, and Queen’s Bench Division). He also frequently appears in commercial and construction matters in the County Court. He has extensive experience of drafting pleadings, and frequently advises on a broad range of commercial matters, often complex and high value. Examples of recent instructions are listed below.

In addition, he has particular experience in financial services, having acted as consultant counsel to the Financial Ombudsman Service. He has advised on a wide range of matters under the Financial Services and Markets Act 2000. He also regularly advises on complex agency issues.

Gethin is currently instructed as a member of the legal team from 39 Essex Chambers offering legal advice and support to the Foskett Panel. Further information is available online here: www.foskettpanel.com.

Gethin has also been instructed in a number of contractual claims arising out of the Covid-19 pandemic, on behalf of both claimants and defendants, in which issues of frustration and force majeure are in dispute.

Gethin has experience of international arbitration. His recent instructions include acting as sole counsel in a commercial London Court of International Arbitration (LCIA) arbitration, and as junior counsel in an ad hoc arbitration in the energy sector. Gethin also has experience of arbitration enforcement action in the High Court. During pupillage, Gethin assisted on a major ICC arbitration concerning payment disputes, delay and variation claims (while supervised by Rachael O’Hagan). He was involved in the matter in the lead-up to and throughout the trial.

Gethin’s recent instructions include:

• UNCITRAL arbitration (energy sector): As junior counsel, in an ad hoc arbitration in the energy sector, led by Gordon Nardell KC.
• LCIA arbitration (pharmaceutical sector): As sole counsel, acting in a commercial LCIA arbitration in the pharmaceutical sector.
• Enforcement of SIAC interim award (TCC): Acting in High Court enforcement of a SIAC emergency award granted during the course of a commercial arbitration.
• R. (on the application of Shawbrook Bank Ltd) v Financial Ombudsman Service Ltd; R. (on the application of Clydesdale Financial Services Ltd (t/a Barclays Partner Finance)) v Financial Ombudsman Service [2023] EWHC 1069 (Admin): As junior counsel, led by James Strachan KC, appeared on behalf of the successful Defendant in two joined cases challenged decisions of the Financial Ombudsman Service concerning “fractional ownership” timeshare schemes.
• Chigwell (London) Limited v Gateway Housing Association [2022] EWHC 3391 (TCC): As sole counsel, successfully obtaining summary judgment on behalf of a contracting authority, in respect of a High Court claim arising from the abandonment of a procurement exercise after the successful tenderer was notified.
• School Facility Management Ltd v Governing Body of Christ the King College [2021] EWHC 3066 (Comm): As sole counsel, acting in enforcement proceedings in respect of a judgment debt, arising from a commercial restitution claim, in the High Court.
• Avsar v Wilson James Ltd [2020] EWHC 3412 (QB): As sole counsel, successfully resisting an application for an interim injunction, both at first instance, and on appeal in the High Court.
• Breach of contract: As junior counsel, acting in relation to a claim in the High Court for a breach of contract, involving allegations of fraud, on behalf of a multinational company.
• Adjudication enforcement: As sole counsel, successfully resisting an application to enforce an adjudicator’s decision in the High Court.
• Private nuisance: As sole counsel, advising and drafting particulars of claim in respect to a private nuisance claim.
• Breach of contract and misrepresentation: Acting on behalf of a university, in defending a claim brought against it alleging breach of contract and misrepresentation.

Gethin is a contributing editor to Wilmot-Smith on Construction Contracts. He co-edited the chapter on loss and expense with Adrian Hughes KC.Before commencing practice, Gethin interned with the Chief Justice of Hong Kong at the Court of Final Appeal.
Gethin is a member of COMBAR

Gethin is developing a practice in financial services, banking and pensions law. Gethin has acted as consultant counsel to the Financial Ombudsman Service, where he advised on a wide range of issues under the Financial Services and Markets Act 2000. Gethin has also acted in several judicial review claims, on behalf of the Financial Ombudsman Service, as sole counsel.

Gethin is currently instructed as a member of the legal team from 39 Essex Chambers offering legal advice and support to the Foskett Panel. Further information is available online here: www.foskettpanel.com.

Recent matters include, for example:

• R. (on the application of Shawbrook Bank Ltd) v Financial Ombudsman Service Ltd; R. (on the application of Clydesdale Financial Services Ltd (t/a Barclays Partner Finance)) v Financial Ombudsman Service [2023] EWHC 1069 (Admin): As junior counsel, led by James Strachan KC, appeared on behalf of the successful Defendant in two joined cases challenged decisions of the Financial Ombudsman Service concerning “fractional ownership” timeshare schemes.
• Stuart Binns & Associates v Financial Ombudsman Service [2021] EWHC 1620 (Admin): As sole counsel, successfully defending a judicial review claim.
• Unison; GMB; Unite; Prospect and PCS; FDA; Allace and LLG v Chancellor for the Exchequer: As junior counsel, led by James Eadie KC, Daniel Stilitz KC, Simon Murray, and Joanne Clement in the judicial review challenges to the Public Sector Exit Regulations 2020.
• Pensions regulation: Assisting Katherine Apps, in advising as to the implications of R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government[2020] UKSC 16, in respect of pensions regulation.
• PPI claims: Acting in payment protection insurance (PPI) claims on behalf of defendants.
• Agency: Advising as to apparent and ostensible agency.
• FSMA 2000: Advising as to the meaning of 'credit' and the scope of 'financial accommodation'.

Gethin has a broad regulatory and disciplinary law practice. He regularly acts on behalf of regulatory bodies in judicial review claims. His experience includes:

• Acting in proceedings before the Solicitors Disciplinary Tribunal, and advising on Solicitors Regulation Authority (SRA) regulatory issues.
• Acting in proceedings before the Council for Licensed Conveyancers Adjudication Panel, including recently in a 5-day trial in a complex matter involving breaches of anti-money laundering rules (appearing as sole counsel against a KC). 
• Advising the Financial Ombudsman Service as consultant counsel.
• Advising the Office for Students as consultant counsel.
• Acting on behalf of the Civil Aviation Authority, in a successful strike out application of a claim in relation to a decision to provisionally suspend a pilot's medical certificate in the High Court.

Gethin also gained experience of regulatory law whilst working in electoral law and misconduct in public office at the Law Commission.

Gethin acts in procurement claims on behalf of both economic operators and contracting authorities, across a broad range of sectors. His experience includes:

• Chigwell (London) Limited v Gateway Housing Association [2022] EWHC 3391 (TCC): As sole counsel, successfully obtaining summary judgment in a High Court claim brought seeking damages in respect of an abandonment of a procurement. Gethin acted on behalf of the contracting authority.
• Procurement challenge in defence sector: Assisted Parishil Patel KC in advising an economic operator. The claim concerned the application of the Defence and Security Public Contracts Regulations 2011 SI No 1848.
• Procurement challenge in healthcare sector: As sole counsel, advising an economic operator on the prospects of a challenge to the procurement of specialist led primary care orthodontic services, involving interpretation of the award criteria; equal treatment; non-discrimination; proportionality and transparency. 
• Procurement challenge in social care sector: As sole counsel, advising the incumbent provider in respect of a challenge to the decision to award a contract to a newly established local authority trading company (relying on Teckal exemptions).
   

Gethin has experience of public inquiries, investigations and strategic reviews. His recent instructions include:

• South Wales Fire and Rescue Service Culture Review: As junior counsel to Fenella Morris KC and Charlene Ashiru, assisting in respect of an independent cultural review.
• Independent Human Rights Act Review Panel: Advising the Independent Human Rights Act Review Panel, chaired by Sir Peter Gross.
• Infected Blood Inquiry: Acting as junior counsel to Charlie Corey-Wright KC by NHS Blood and Transplant, a core participant in the Infected Blood Inquiry.
• Advising the Windrush Lessons Learned Review.