Rosie Scott

Year of call:
2013
Email:
rosie.scott@39essex.com

Clerks:
+44 (0)20 7832 1111

Rosie accepts instructions across all areas of Chambers’ work, with a particular interest in administrative and public law, planning and environmental law.

Rosie makes regular court appearances, undertakes pleading and advisory work and has a broad experience of drafting pleadings, statements of case and other core documents. Recently she appeared on behalf of local residents in a major eight-day planning Inquiry into two housing applications.

Planning, Environment & Property


Itchen, Candover and Testwood Water Abstraction Public Inquiry
Rosie was instructed by Southern Water Services Ltd in a significant public inquiry concerning the interface between national and EU environmental legislation and the domestic water abstraction licensing regime, as a junior in a team from 39 Essex led by Justine Thornton QC, with Catherine Dobson and Adam Boukraa.  The Inquiry closed with a ground-breaking compromise agreement between Southern Water and the Environment Agency.

Land off Stone Path Drive, Hatfield Peverel – outcome awaited
In December 2017 Rosie represented residents in an eight-day planning Inquiry on two applications for the same site: one called in by the Secretary of State for 140 dwellings and a second for 80 dwellings, to be re-determined after the High Court quashed the Inspector’s decision.  Issues included conflict with the emerging Local Plan and emerging Neighbourhood Development Plan; alleged impact on a Grade II* Listed Building; ecological, landscape and visual impacts on a greenfield site, impact on community facilities and five year land supply.

She was publicly commended by the Inspector at the close of the Inquiry for her conduct of her clients’ case.

Land off 51-70 Waldemar Avenue
Rosie successfully appeared on behalf of residents’ associations objecting to proposals for a dwelling and community centre in the heart of a Conservation Area, on grounds of loss of Open Space; harm to heritage assets and setting of locally listed buildings; and impact on local amenities.

Hertfordshire County Council (Little Gaddesden 2, 3 and 27) Modification Order 2014
Rosie represented the County Council at a public inquiry into a Modification Order under the Wildlife and Countryside Act 1981 relating to three footpaths.  Issues included user evidence; sufficiency of evidence to demonstrate no intention to dedicate a right of way; historic evidence; whether evidence had been “discovered” by the authority. A decision is awaited.

Wards Corner/Seven Sisters, London: CPO Inquiry
Rosie acted as junior to Andrew Tabachnik QC for the developer of a flagship regeneration project in Tottenham proposing substantial retail and residential development.  A three-week CPO Inquiry took place in July 2017, the outcome of which is awaited.

Rights of Way
Rosie is currently providing regular advice to a statutory surveying authority in relation to Rights of Way matters, including a variety of issues arising from Modification Orders to the Definitive Map and Statement under the Wildlife and Countryside Act 1981 and the interaction between a List of Streets under s.36(6) Highways Act 1980 and the Definitive Map and Statement.

Other Matters
Rosie has advised councils, developers, residents and other third parties on matters such as development in the green belt; permitted development rights; neighbourhood development plans and interim planning guidance.  She also has experience in rights of way law; hazardous substances consent issues; planning application fees; five year land supply; and judicial review prospects.

She has recently advised on the application of Article 6(4) of the Habitats Directive and the Habitats Regulations 2017 to a ground-breaking compromise agreement on between a utilities company, the Environment Agency and Natural England.

Rosie has also advised on Water Resources Management Plans and Drought Plans.

She has assisted as a junior in successfully defending against permission to judicially review a grant of planning permission and also in advising developers challenging allocation of a “new settlement” site in an emerging Site Allocations Plan without an adopted or emerging policy basis; and advising on evidence in relation to a CPO Inquiry.

Rosie regularly gives seminars and caselaw updates on matters such as green belt issues, planning obligations and conditions, heritage and neighbourhood plans.

Civil Liability


Rosie has a thriving county court practice and is a well prepared, thorough and confident advocate.  Rosie appears regularly in trials, Costs and Case Management Conferences (CCMCs), Case Management Conferences (CMCs) and interim applications.

She advises on liability and quantum and frequently drafts Particulars of Claim, Defences, Schedules of Loss and Counter-Schedules of Loss for a wide range of clients.

Rosie recently defended Metrobus in a person injury claim and received glowing client feedback: “She was excellent, I would actually go as far as to say in my 14 years working cases she is the best I have seen.  She was well prepared and her abilities in court showed this.”

Rosie’s busy practice includes:

  • Accidents in the workplace, including issues of contractual indemnity between contractors and sub-contractors;
  • Occupiers’ liability cases;
  • Road traffic accidents, including personal injury and credit hire;
  • Highways cases;
  • Landlord and Tenant cases where disrepair led to injury;
  • Animal Act 1971 cases;
  • Possession claims;

In a recent fast track trial, Rosie secured a finding of “fundamental dishonesty” under CPR r.44.16(1) against a Claimant bringing a low velocity rear-end shunt whiplash claim.  The judge dismissed the case after hearing Rosie’s cross-examination of the Claimant, who gave “shockingly poor evidence”.  The judge accepted that “this claim was fundamentally dishonest. This goes way beyond what one normally sees.  What [the Claimant] said did not bear any scrutiny at all.”

Rosie also has clinical negligence experience, advising both claimants and the NHSLA on a range of liability, causation and quantum issues.  Rosie has also assisted Neil Block QC in advising on liability and causation issues on a clinical negligence matter on the Isle of Man, as well as assisting Judith Ayling on substantial clinical negligence claims, including a significant claim for delayed diagnosis of infection involving complex medical evidence.  She was also instructed as a junior in the Paterson litigation.

Administrative & Public


Rosie has lately undertaken a number of Special Educational Needs hearings before the First-Tier Tribunal in relation to s.51 CFA 2014 appeals regarding Education Health and Care Plans.  Rosie successfully appeared for Northamptonshire County Council in July and persuaded the Tribunal that the school proposed by parents was not suitable to provide for the pupil’s needs, particularly in relation to particular sensory disability needs and differentiation of the curriculum.

Rosie’s experience of mental health work includes representing applicant patients and respondent hospital trusts before Mental Health Tribunal at appeals against detention under s.2 and s.3 MHA 1983.  Rosie has also drafted numerous challenges under s.21A MCA 2005 to detention under Deprivations of Liberty Safeguards authorisations.

Recently, Rosie drafted a skeleton argument for a Responsible Authority to assist a First Tier Mental Health Tribunal panel on the impact of Secretary of State for Justice v MM [2017] EWCA CIV 194 on a Mental Health Tribunal’s power to conditionally discharge a patient under s.73 MHA 1983.  The Tribunal commented that the skeleton was “very skilfully drafted”.

Rosie also has a developing practice in immigration, asylum and nationality law, particularly judicial review, but also in statutory appeals. Her recent instructions include defending multiple challenges to refusal decisions under paragraph 353 of the Immigration Rules.

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

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