The Court of Appeal has dismissed the appeal in Barnes Thomas & Upper Cot Estate Limited v. Nicholases & Raptors of Penwith [2026] EWCA Civ 847 39 Essex Chambers’ barrister David Mitchell was successful at first instance, acting for the owners of a falcon breeding business who were awarded damages of £258,000 following the nuisance and negligence of their neighbour, whose construction of a barn and operation of a scaffolding business on land adjoining the falcons’ aviary caused the deaths of 3 birds, as well as destruction of their eggs. The neighbour appealed. In a split decision the Court of Appeal [...]

Richard Harwood KC and Clarissa Levi are joined by Magnus von Wistinghausen of World Monuments Fund Britain.  Magnus touches on his own story, a macroeconomic perspective on heritage, heritage as a driver of social change, WMF Britain's role in the UK's heritage ecosystem and some current projects.

Introduction On Tuesday 23 June 2026 the High Court dismissed two judicial reviews challenging the order made by the Secretary of State for Transport (SST) granting Gatwick Airport Limited (GAL) development consent for a second operational runway at Gatwick Airport (the Northern Runway Project). The judgment can be found here. Mr Barclay and Communities Against Gatwick Noise Emissions (CAGNE) brought separate challenges, both of which were rejected by Mould J. The judgment gives the green light to what will be only the second airport in the UK to have a second runway, while providing clarity on a range of key [...]

From 31st October 2026 certain planning applications made to councils who are local planning authorities[1] will have to be determined by officers and arrangements have to be made to decide whether other applications are dealt with by officers or a planning committee. What role can elected councillors play in the process? The draft Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 divide planning and related applications into two tiers: Schedule 1 applications which must be determined by an officer of the authority (reg 4). Schedule 1 applications include householder applications; minor commercial applications; and minor [...]

Judgment was handed down today by Mould J in R (on the application of Peter Barclay) v Secretary of State for Transport and Another and R (on the application of CAGNE) v Secretary of State for Transport and Another [2026] EWHC 1556 (Admin) dismissing the claims. These are two linked judicial reviews challenging the decision of the Secretary of State for Transport to grant Gatwick Airport Limited a development consent order for the Northern Runway Project at Gatwick Airport. Six members of 39 Essex Chambers were involved representing three parties. The case was heard over four days. The case raises [...]

This guidance note is for provider settings such as care homes and supported living placements in England about: (a) when is it necessary to carry out and record a formal assessment of a person's mental capacity, and in relation to which decisions; (b) the difference between informally considering capacity as part of good care practice, and formally recording a capacity determination; (c) when a formal written record is and is not required; (d) how providers should approach capacity across the domains of a care plan; and (e) what providers should do if they receive advice from a CQC inspector or [...]

39 Essex Chambers is delighted to announce that we have been shortlisted for 24 awards in 22 categories at the Legal 500 Bar Awards 2026, highlighting the depth and breadth of our expertise.   They are: Arbitrator of the Year: Adrian Hughes KC Clinical Negligence Junior of the Year: Romilly Cummerson Silk of the Year: Nicola Greaney KC Set of the Year Construction and Energy Junior of the Year: Jess Connors Set of the Year Court of Protection Junior of the Year: Ian Brownhill Silk of the Year: Vikram Sachdeva KC Set of the Year Immigration Junior of the Year: [...]

Welcome to our June 2026 edition of the Planning, Environment & Property Newsletter. Since our last edition the NPPF consultation has closed and we are sure that all practitioners eagerly await the outcome which is, according to the Housing Secretary Steve Reed, expected to be published “very very shortly” this summer. This is not the end of the wide-reaching planning reforms with the Government announcing on 20 May further proposals for “Reforming judicial review for infrastructure”.1 The May publication comes off the back of provisions in the Planning and Infrastructure Act 2025 tightening the judicial review process and reducing the [...]

Welcome to the 13th Edition of 3 + 9 = Costs. Having reported last about four of our members having been heavily involved in the Emissions litigation on behalf of three separate car manufacturers, we can report yet another Costs Management Hearing (3rd) in that case, demonstrating yet again the reach of Costs Budgeting even in the most complex litigation. The new edition of the White Book Costs & Funding supplement has hit the shelves, and five of our members remain involved in that work. News on the recent Gambling Commission case (May 2026) before Mrs. Justice Joanna Smith DBE [...]

Welcome to the June 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty following the AGNI case; In the Property and Affairs Report: the SCCO and costs where P has died or regained capacity, and can you lie as to your own capacity; In the Practice and Procedure Report: the Court of Appeal resets transparency; In the Mental Health Matters Report: nominated persons resources and 20 years of Mental Health Law Online; In the Children’s Capacity Report: overseeing consent; In the Wider Context Report: well-being and wishes, [...]