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Eleanor Leydon

Eleanor's practice is focused on public, environmental and planning law.  In Summer 2022 she was seconded to the High Court (QBD) (Admin Court) as a Judicial Assistant to Mr Justice Chamberlain. 

Eleanor has a busy court practice and has appeared in the High Court (QBD (Admin) and Chancery Divisions); in the Court of Protection; in a wide range of SEND tribunals; in a school admissions appeal; in the magistrates court on a planning enforcement matter; and in a range of county court matters. Eleanor also undertakes the full range of pleadings and advisory work.

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, and has completed Advocate’s 25 for 25 challenge in each year of practice.

Areas of expertise

Administrative and Public

Eleanor is developing a broad public law practice. She has particular experience in education law, equalities and human rights law, Court of Protection work, and the intersections with environment and planning law. She is also interested in community care, parole board and prisons law and procurement law.

Eleanor is frequently instructed in a wide range of SEND tribunals, acting for claimants, schools and local authorities. She has experience in disability discrimination appeals and in all variety of EHCP appeals, including cease to maintain and EOTAS appeals. She has also advised claimants and local authorities on related judicial review proceedings. She has advised parents on a range of health, education and social care issues, including the lawfulness of local government processes for assessing the needs of disabled children. Recent highlights include:

  • Securing a Local Authority concession that their conduct of an EHCP appeal had been unreasonable and that a costs award was appropriate
  • Successfully appealing a First-Tier Tribunal judgment which had upheld the permanent exclusion of a seven-year-old boy with autism, securing first a decision that the Tribunal had erred in law, and then a fresh decision (from the original panel) which concluded that the exclusion was disproportionate.
  • Led by Steve Broach KC, advising on the discriminatory effect of a national sports law rule, including whether the criterion applied was inherently discriminatory: the advice provided led to the rule being altered.

Eleanor frequently apppears with judicial and statutory reviews in practice, including two challenges to Low Traffic Neighbourhoods, a challenge to the disclosure of certain information in an Enhanced Criminal Records Certificate, and a challenge to the exercise of the Local Government Ombudsman’s jurisdiction in the context of SEND Tribunal appeals. Eleanor also assisted a number of High Court judges with live judicial reviews as a Judicial Assistant.

Eleanor has appeared in the Court of Protection, in both the Health and Welfare and Property and Affairs pathways, acting for protected parties, local authorities, ICBs and the OPG. Eleanor has recently worked on a complex domiciliary care case.

Eleanor is currently instructed on the Infected Blood Inquiry, led by Charlie Cory-Wright KC.

Cases of note:

  • R (Milburn) v The Local Government and Social Care Ombudsman [2022] EWHC 1777 (Admin) - As junior counsel, assisted with drafting grounds of review for a young autistic man who successfully argued that the LGSCO had a broader jurisdiction than it had understood to investigate complaints about local authorities arising in the context of SEND Tribunal appeals. Was unable to attend the hearing as it fell within a secondment to the High Court as a Judicial Assistant.
  • SM & SDJ v London Borough of Hackney [2021] EWHC 3294 (Admin) - Appeared in the High Court as junior counsel in a statutory review of Experimental Traffic Orders on grounds including the public sector equality duty (PSED), consultation, and Article 8 and 14 European Convention on Human Rights (ECHR).

Environment

Eleanor is developing a specialist environmental law practice, and is particularly interested in climate change, land use, nature recovery and agriculture. She has been instructed by regulators, government, charities and individual claimants, and has advised on a broad range of environmental issues including EIA, SEA, HRA, air quality, water quality and soil health. She has in-depth knowledge of the Environment Act 2021 provisions dealing with biodiversity and nature recovery; post-Brexit agricultural law and policy; and the impact of Brexit on habitats law. 

Recent highlights include:

  • Advising on environmental issues arising from the Retained EU Law (Revocation and Reform) Act 2023, both during and following its progress through Parliament.
  • Advising on the implementation of the EIA, SEA and HRA regimes in England, as part of the OEP's statutory review of the implementation of the three regimes.
  • Writing on climate change litigation in the Journal of Environmental Law's annual article on Significant environmental litigation in the Journal of Environmental Law's annual article on Significant UK Environmental Law Cases, 2022 and 2023 (2024 forthcoming).

Eleanor is a member of UKELA and an editor at an independent climate change magazine, and specialised in climate law and policy during her LLM at UCL. Eleanor accepts instructions on a pro bono basis in appropriate environmental cases.

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

Planning

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

Eleanor has advised on and drafted High Court pleadings for a s106 Town and Country Planning Act 1990 (TCPA) dispute, acting as sole counsel. Eleanor has appeared in the Magistrates’ Court on a planning enforcement matter. She has also assisted with an airport expansion inquiry and a rights of way inquiry, including drafting closing submissions.

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, Certificate of Lawful Existing Use or Development (CLEUD) applications, changes in use class, listed buildings, and Community Infrastructure Levy (CIL) liability.

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

Cases of note:

  • SM & SDJ v London Borough of Hackney [2021] EWHC 3294 (Admin) - Appeared in the High Court as junior counsel in a statutory review of experimental traffic orders on grounds including the public sector equality duty (PSED), consultation, and Article 8 and 14 European Convention on Human Rights (ECHR).

Court of Protection

Eleanor frequently appears in the Court of Protection, in both the health and welfare and property and affairs pathways. Eleanor has acted for protected parties, local authorities, ICBs and the OPG. 

Eleanor’s recent health and welfare instructions include work on a complex domiciliary care case. She also recently successfully represented a local authority in a contentious application for a property and affairs deputy, securing the appointment of a panel deputy.

Inquiries

Eleanor is currently instructed on the Infected Blood Inquiry, acting for NHS Blood and Transplant, led by Charlie Cory-Wright QC.