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Katherine Barnes

“Katherine is a brilliant advocate.” Chambers and Partners

“Katherine is an excellent barrister and a pleasure to work with. She is dedicated and works hard. She is responsive, insightful, and you can trust her to get the best possible results." Legal 500

Katherine is a public law specialist. She has an exceptionally diverse practice which ranges from commercial regulatory work (including planning, environment and procurement) to public interest and human rights matters.

She is recognised by Chambers and Partners and/or Legal 500 in the fields of public law, civil liberties & human rights, planning, environment, community care and education.

Katherine graduated from Queens’ College, Cambridge with a first class degree in French and Spanish before converting to law. She then obtained an LLM with distinction in public law and human rights from the London School of Economics.

She has appeared as sole counsel in the Court of Appeal, High Court, Upper Tribunal, Court of Protection, County Court, Crown Court and Magistrates Courts.

As former co-chair of Young Legal Aid Lawyers, Katherine is committed to access to justice and legal aid work. She is also a member of the Equality and Human Rights Commission’s panel of counsel.

Areas of expertise

Planning

Katherine is listed by Legal 500 and Chambers and Partners in the field of planning and her experience includes:

  • Judicial review and statutory appeals
  • Planning inquiries and hearings
  • Rights of way inquiries
  • Strategic planning, including local plan examinations
  • Infrastructure
  • Enforcement
  • Highways
  • Village greens
  • Assets of community value
  • Related information law issues

She is listed by The Legal 500 and Chambers and Partners in the field of planning. Recent Inquiry/hearing work of particular interest includes Land West of Kingfisher Grove, Reading APP/X0360/W/22/3304042 - a successful appeal against the non-determination of an application for 49 dwellings in the vicinity of a nuclear site (inside the Detailed Emergency Planning Zone) - and Land East of Ashford Road, Kingsnorth APP/E2205/W/23/332254 - a successful appeal against non-determination in relation to a medical centre and 15 dwellings in the vicinity of the Stodmarsh Lakes SPA, SAC, SSSI and Ramsar sites, thus requiring the demonstration of nutrient neutrality. 

Cases of note:

  • R (Faherty) v Bournebouth, Christchurch and Poole Council [2023] EWHC 1395 (Admin) - Acted for claimant in a judicial review of a planning permission based on heritage grounds. 
    Judgment
  • R (Cathie) v Cheshire West [2022] EWHC 2148 (Admin) – Acted for the Claimant in a judicial review of a decision to approve an odour management plan. The judgment includes a summary of the principles governing the discharge of planning conditions.
    Judgment
  • Bansal v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1604 (Admin) - Acted as sole counsel in a s.289 statutory appeal against an enforcement notice, in which the court considered the correct approach to establishing change of use to a dwellinghouse following the subdivision of an existing dwellinghouse for the purposes of s.171B TCPA 1990.
    Judgment
  • R (Stubbs) v Lake District National Park Authority [2020] EWHC 2293 Admin - Acted as sole counsel in a judicial review of the Authority’s refusal to make a traffic regulation order restricting 4x4s on two roads in the Lake District National Park.
  • Judgment
  • R (Hemms) v Bath and North East Somerset Council [2020] EWHC 2721 (Admin) - Acted as sole counsel for the successful Defendant in a challenge to the local authority’s refusal to make an order pursuant to s.102 of the TCPA 1990. The case considers the application of Article 8 to the planning context as well as delegated powers under the local authority’s constitution.
    Judgment
  • R (Risby) v East Hertfordshire DC [2019] EWHC 3474 (Admin) - Acted for the Claimant in a judicial review of the decision to grant planning permission for a multi-storey car park in a Conservation Area. The case considers the consistency principle and the treatment of a previous quashed planning decision.
    Judgment
  • R (Brommell) v Reading District Council [2018] EWHC 3529 (Admin) - Acted as sole counsel for the Claimant in a judicial review of a grant of planning permission for a school on public playing fields.
  • R (Buckley) v Bath and North East Somerset District Council [2018] EWHC 1551 (Admin) – Acted for the successful Claimant in a judicial review of the decision to demolish a major council estate. The decision was quashed on equalities grounds.
    Judgment
  • R (NHS Property Services Limited) v Surrey County Council [2016] EWHC 1715 - Acted for the Defendant in a judicial review concerning the “statutory incompatibility” doctrine in town and village green cases.
    Judgment

Environment

Katherine practises all public law aspects of environmental law, and is listed in the field by the Legal 500. Her advisory and litigation work in this area includes:

  • Energy regulation (including renewables and nuclear)
  • Water regulation (including with regards to the Water Framework Directive and the Habitats Directive)
  • Contaminated land
  • Environmental permitting
  • Strategic Environmental Assessment framework in relation to a variety of plans and strategies in both a development and water context
  • Air quality, particularly in the context of aviation, road infrastructure projects and large- scale residential development. She has also advised on air quality strategies.
  • Tree Protection Orders
  • Habitats Directive
  • Environmental Impact Assessment

Cases of note:

  • R (Cathie) v Cheshire West [2022] EWHC 2148 (Admin) - Acted for the Claimant in a judicial review of a decision to approve an odour management plan. 
  • R (Stubbs) v Lake District National Park Authority [2020] EWHC 2293 (Admin) - Acted as sole counsel in a judicial review of the authority’s refusal to make a traffic regulation order restricting 4x4s on two roads in the Lake District National Park.
    Judgment
  • R (Wood Boilers) v Gas and Electricity Markets Authority [2020] EWHC 1578 (Admin) - Acted for a renewable energy company in a judicial review of Ofgem’s refusal to continue paying subsidies for one of its schemes.
    Judgment
  • R (Brommell) v Reading District Council [2018] EWHC 3529 (Admin) - Acted as sole counsel for the claimant in a judicial review of a of planning permission for a school on public playing fields.
  • R (Dillner) v Sheffield County Council [2016] EWHC 945 (Admin) - Acted for the successful defendant in a challenge to a street maintenance project involving the replacement of street trees.
    Judgment

Energy and Natural Resources (including nuclear)

Katherine has a particular interest in energy regulation and water (including nuclear licensing). Recent work in this area includes:

  • Advising on licensing options in relation to novel electricity generation projects
  • Acting for a renewable energy company in a judicial review of Ofgem’s refusal to continue paying subsidies for one of its schemes (R (Wood Boilers) v Gas and Electricity Markets Authority [2020] EWHC 1578 (Admin))
  • Advising in respect of applications for planning permission regarding solar energy
  • Advising a water company on its water resources management plan (including advice on the Water Framework Directive and the Habitats Directive)
  • Advising on environmental permitting obligations in the context of contaminated water emissions from a former tar works

Katherine has experience of the regulatory frameworks governing a variety of energy and related schemes in the UK having completed a six month secondment with Ofgem's legal department. These include the Domestic and Non-Domestic Renewable Heat Incentive Schemes, the Green Gas Support Scheme, the various Energy Company Obligations Schemes and the Boiler Upgrade Scheme.

Administrative and Public

“She is very good for public law challenges.” Legal 500.

Katherine practises all areas of public law and human rights, with a focus on judicial review. She is an exceptionally versatile practitioner, who is just as comfortable acting for her commercial clients (which include major companies and developers) as her legally aided clients (who range from victims of trafficking to disabled prisoners). She increasingly finds herself instructed on high-profile policy and strategic challenges, litigation which she very much enjoys.

She is recognised by Legal 500 in public law, as well as in education law. She is also listed by Chambers and Partners in the fields of community care, education and civil liberties & human rights.

Her work in this field includes:

  • Commercial judicial review (including procurement)
  • Healthcare
  • Community care (including Court of Protection)
  • Education
  • Asylum support and anti-trafficking
  • Prisons
  • Social security
  • Planning and environment

Cases of note:

  • R (Eveleigh) v Secretary of State for Work and Pensions [2023] EWCA Civ 810 - Challenge to the Government’s National Disability Strategy on the basis it failed to comply with consultation requirements.
    Judgment
  • Advising the Good Law Project in respect of a potential challenge to the cancellation of HS2 [2023]
  • R (DMA) v Secretary of State for the Home Department [2020] EWHC 3416 (Admin) - Acted for the claimants in a successful challenge to the system for providing accommodation to failed asylum seekers pursuant to s4 of the Immigration and Asylum Act 1999.
    Judgment
  • R (Wood Boilers) v Gas and Electricity Markets Authority [2020] EWHC 1578 (Admin) - Acted for a renewable energy company in a judicial review of Ofgem’s refusal to continue paying subsidies for one of its schemes.
    Judgment
  • In The Matter of P (Discharge of Party) [2021] EWCA Civ 512 - Acted for the first respondent local authority in an appeal to the Court of Appeal from the Court of Protection on the grounds of procedural unfairness.
    Judgment
  • R (British Medical Association) v Northamptonshire CC [2020] EWHC 1664 (Admin) - Acted for the claimant in a challenge concerning the failure of Northamptonshire’s safeguarding plan to address remuneration for safeguarding services provided by GPs.
    Judgment
  • R (Simone) v Chancellor of the Exchequer and Secretary of State for Education [2019] EWHC 2609 (Admin) - Acted for the claimants in a high-profile challenge to the failure to provide adequate funding for the education of children with special educational needs.
    Judgment
  • Secretary of State for Work and Pensions v Goulding [2019] EWCA Civ 839 - Acted for the respondent pensioner in the Court of Appeal in a case concerning the interpretation of the State Pension Credit Regulations 2002.
    Judgment

Education

Katherine is listed by The Legal 500 and Chambers and Partners in field of education law. Her work in this area includes advice and litigation relating to:

  • Funding decisions
  • School closures
  • Special educational needs appeals
  • School transport policy challenges
  • School admissions appeals
  • School exclusions appeals
  • Disability discrimination claims both in relation to schools and universities
  • Student finance
  • Regulatory matters

Cases of note:

  • R (CU) v Secretary of State for Education (ongoing) – Acting for the claimant in a challenge to the consultation on whether the First-Tier Tribunal’s remedies are adequate in relation to discrimination claims against schools.
  • R (LS) v London Borough of Hounslow [2023] - Acting for the claimant in a successful challenge to the failure to provide him with a school place as specified in his EHCP.
  • R (Simone) v Chancellor of the Exchequer and Secretary of State for Education [2019] EWHC 2609 (Admin) - Acted for the claimants in a high-profile challenge to the failure to provide adequate funding for the education of children with special educational needs.
    Judgment
  • R (AB) v Portsmouth City Council [2019] - Acted for the successful claimants in a judicial review of the decision by Portsmouth City Council to reduce its special educational needs funding by around £400,000.

Community Care and Mental Health

Katherine practises all areas of community care and mental health with particular expertise in related claims for judicial review, including policy and strategic challenges. Her work in this area includes advice and litigation relating to:

  • Care needs assessments under Care Act 2014
  • Care packages under the Care Act 2014 and Continuing Healthcare
  • Closure of facilities and services for people with disabilities
  • Charging policies
  • Direct payments
  • Disabled Facilities Grants
  • After-care under s.117 of the Mental Health Act 1983
  • Detention under the Mental Health Act 1983 (including applications for displacement of the nearest relative)
  • Challenging and defending provision for vulnerable children under s17/s20 Children Act 1989
  • Regulation of care homes by the Care Quality Commission
  • Multiple Court of Protection health and welfare matters, including disputes about residence, care and contact

Katherine is ranked by Chambers and Partners in the field of community care: “Katherine is passionate about the subject and goes the extra mile for her clients.” (Chambers and Partners).

Cases of note:

  • R (Eveleigh) v Secretary of State for Work and Pensions [2023] EWCA Civ 810 - challenge to the Government's National Disability Strategy on the basis it failed to comply with consultation requirements.
    Judgment
  • R (KG) v HT Trust Limited [2021] - Acted for the claimant in a successful challenge to a decision by a private care home provider to close her home. The case was concerned with s73 of the Care Act 2014 and the circumstances in which private providers will be subject to human rights obligations. 
  • R (AP) v Oxford Health NHS Foundation Trust [2021] - Acted for a hospital trust in a judicial review of the decision to transfer to another hospital an individual detained under s3 Mental Health Act 1983.
  • In The Matter of P (Discharge of Party) [2021] EWCA Civ 512 - Acted for the first respondent local authority in an appeal to the Court of Appeal from the Court of Protection on the grounds of procedural unfairness.
    Judgment
  • Health Service Executive of Ireland v Ellern Mede Moorgate [2020] EWCOP 12 - Successful application for the recognition and enforcement of protective measures imposed abroad in relation to a young woman with severe anorexia.
    Judgment
  • AS v Kingston Hospital NHS Foundation Trust [2018] - Successful challenge to the decision to introduce a policy of charging blue badge holders for car parking at the hospital.

Healthcare

Katherine is regularly instructed on cases within the healthcare sector, particularly in relation to related claims for judicial review. Her advisory and litigation work in the area includes:

  • Procurement
  • Continuing Healthcare packages
  • Closure of facilities and services for people with disabilities
  • Detention under the Mental Health Act 1983
  • Regulation of care homes by the Care Quality Commission
  • Healthcare restructuring
  • Multiple Court of Protection health and welfare matters, including disputes about residence, care and contact

Cases of note:

  • R (Birthrights) v Cwm Taf Morgannwg University Health Board [2022] - Advised the NGO Birthrights in respect of a potential challenge to the health board’s policy of restricting visits to all its ante and post-natal wards to only one hour per day due to concerns about the transmission of Covid-19. The health board conceded following the letter before claim.
  • R (AP) v Oxford Health NHS Foundation Trust [2021] - Acted for a hospital trust in a judicial review of the decision to transfer to another hospital an individual detained under s3 Mental Health Act 1983.
  • In The Matter of P (Discharge of Party) [2021] EWCA Civ 512 - Acted for the first respondent local authority in an appeal to the Court of Appeal from the Court of Protection on the grounds of procedural unfairness. 
    Judgment
  • Health Service Executive of Ireland v Ellern Mede Moorgate [2020] EWCOP 12 - Acted for the Applicant in a successful application for the recognition and enforcement of protective measures imposed abroad in relation to a young woman with severe anorexia.
    Judgment
  • AS v Kingston Hospital NHS Foundation Trust [2018] - Acted for the Claimant in a successful challenge to the trust’s decision to introduce a policy of charging blue badge holders for car parking at its hospital.
  • R (Hutchinson) v Secretary of State for Health and Social Care [2018] EWHC 1698 (Admin) - Acted for the Secretary of State (as part of the Government Legal Department’s junior junior scheme) in a challenge to the government’s “Alternative Care Providers” policy.

Regulatory, Disciplinary and Licensing

Katherine has a wide-ranging regulatory practice which spans health, social care, education, energy and the environment. Regulator clients include the Care Quality Commission, Ofgem and Ofwat. Katherine also acts for individuals – for example, she recently acted for a care home challenging a de-registration decision by the CQC and for a nursery provider challenging an Ofsted inspection report.

She has also worked on multiple licensing cases, including under the Licensing Act 2003. For example, she has successfully obtained licences and/or prevented the grant of licences in relation to bars and takeaways. She also has experience of taxi licensing.

Cases of note:

  • R (Jones) v Nottinghamshire County Council – Acted for the successful Claimants in a proposed judicial review of a decision to terminate the Claimants’ approval to work as foster carers. The claim was conceded following a letter before action.
  • Delta v Knowsley Metropolitan Borough Council – Successfully defended a judicial review of local authority’s intended use policy for private hire vehicles.

Inquiries

Katherine has experience of inquiries and investigations. 

Cases of note:

  • Infected Bloody Inquiry - Counsel to the inquiry (assisting Jenni Richards KC in particular with the warning letter process). 
  • Child sex abuse inquiry - Acted for Ofsted in relation to the module concerning abuse at residential schools.

Procurement

Katherine acts for contracting authorities and economic operators. She particularly enjoys cases that overlap with her other areas of practice, such as development of land and NHS contracts. For example, recent work in this area has included:

  • Advising on a potential breach of The Concession Contracts Regulations 2016 in relation to a major new leisure complex.
  • Advising on the implications for disposal of a theatre having been listed as an asset of community value under The Assets of Community Value (England) Regulations 2012.

Recommendations

Katherine is listed by Chambers and Partners and The Legal 500 in public law, civil liberties & human rights, planning, environment, community care and education:

“She gives strategic advice, is very pleasant to work with and is very helpful with the client.” Chambers and Partners 2022.

“She is extremely thorough, has great attention to detail and an exceptional understanding of the core issues in her cases. She is also a pleasure to work with.” Chambers and Partners 2022.

“Her strengths are clarity of advice, willingness to think outside of the box, and her ability to resolve an issue expediently.” The Legal 500 2022.

“Katherine is an excellent barrister and a pleasure to work with. She is dedicated and works hard. She is responsive, insightful, and you can trust her to get the best possible results.” The Legal 500 2021.

Memberships

  • Administrative Law Bar Association (ALBA) (committee member)
  • Association of Regulatory and Disciplinary Lawyers (ARDL) 
  • Education Law Association (ELAS)
  • Human Rights Law Association (HRLA)
  • Planning and Environmental Bar Association (PEBA)
  • United Kingdom Environmental Law Association (UKELA)
  • Young Legal Aid Lawyers (YLAL) (former co-chair)

Qualifications

Education

  • Queens’ College, University of Cambridge, BA(Hons) French and Spanish (First Class) (2010)
  • City University, GDL (2012)
  • The London School of Economics, LLM Public Law and Human Rights (Distinction) (2013)
  • BPP University, BPTC (2014)

Scholarships and prizes

  • Foundation Scholarship, Queens’ College, University of Cambridge (2010)
  • Lord Haldane Scholarship, Lincoln’s Inn (2011)
  • Hardwicke Award, Lincoln’s Inn (2012)
  • Lord Mansfield Scholarship, Lincoln’s Inn (2013)

Additional Information

In her free time, Katherine enjoys travel, theatre and reading novels. She also sings with Voce Chamber Choir, whose concerts have ranged from Tallis to Poulenc to singing with the Rolling Stones at Glastonbury.

Languages

  • French (fluent)
  • Spanish (fluent)