Sam Fowles

Sam acts for both claimants and defendants domestically and in cross-border matters. He has particular experience in the education context. He is ranked as a “leading junior” in Legal 500 and “up and coming” in Chambers and Partners.

Cases of Note

• Re. NHSX App (2020): Advice on the legality of the government’s proposed “NHSX” App.
• Re. Corcoran (2023): Matter concerned the cross-border exchange of data between the European Patent Office, Department for Business Energy and Industrial Strategy, and the UK Intellectual Property Office.
• Ali v Islington (County Court, 2023): The matter concerned the legality of Islington District Council’s public-monitoring CCTV system.
• Re Greenpeace (2019): Sam advised the global NGO on (and developed a new policy for) the transfer of personal data between the UK, EU, and USA (in the light of Schrems II).

Sam is a specialist in judicial review. He acts for and advises both government and claimants across the full breadth of judicial review, including commercial, procurement, consultation, human rights, equalities, and local government. Sam has a particular interest in constitutional law and is regularly instructed in high profile matters relating to constitutional and devolution issues.

Cases of Note

• Banks v Social Work England [2025] EWHC 1086 (Admin): When determining a “reasons” challenge, the court is entitled to place the specific reasons given by the decision-maker in the wider context of the decision-maker’s factual findings, the combination of the two can provide sufficiency of reasons.
• Re. Regulation of Political Deception (2024 – ongoing): Long running advice to parties in the Senedd (Welsh Parliament) concerning the development of a new regulatory system concerning false statements of fact by MS and candidates.
• Scottish Ministers v Advocate General for Scotland [2023] CSOH 89: Judicial review of the Secretary of State for Scotland’s decision to prohibit royal assent for the Scottish Parliament’s Gender Recognition Reform Bill, pursuant to section 35 of the Scotland Act 1998.
• Mr Nicolson and the Speaker (2023) HC 940 (Privileges Committee), The Times (19 October 2023): Successfully defended an MP accused of a breach of parliamentary privilege after he informed constituents that the Speaker had refused to allow a debate on a report finding that the Secretary of State for Culture Media and Sport misled Parliament.
• Hamilton v Post Office [2021] EWCA Crim 21, [2021] 4 W.L.R. 115: Appeals against the convictions of sub-postmasters convicted based on evidence generated by the flawed “Horizon” computer system (led by Lisa Busch KC), the largest “limb two” abuse of process decision in the modern legal history.
• Miller/Cherry v The Prime Minister [2019] UKSC 41: Judicial review concerning the Prime Minister’s decision to prorogue parliament in September 2019 (led by Aidan O’Neill KC). Sam took sole responsibility for drafting the (successful) response to the government’s last-minute argument on Article IX of the Bill of Rights.
• R (Liberal Democrats) v ITV [2019] EWHC 3282 (Admin), [2020] 4 W.L.R. 4: Judicial review of ITV’s decision to exclude the leaders of the Liberal Democrat and Scottish National parties from the first general election debate (led by Philip Coppel KC).
• Vince v Advocate General for Scotland [2019] CSIH 51, 2020 S.C. 90: Judicial Review seeking to compel the Prime Minister to seek an extension to the Brexit deadline on the statutory instruction of Parliament.

Sam is experienced in both planning judicial review and inquiry work. He regularly provides both advice and representation to developers and local authorities. Sam also takes on environmental regulatory work and is experienced at prosecuting and defending planning and environmental offences. Sam has a particular interest in matters concerning energy and climate change.

Cases of Note

• Horvold v Cardiff (2024): Statutory review of a decision to grant permission for a housing development in central Cardiff.
• Re. Little Heath Lane (2023): Four-week public inquiry concerning a 65-acre solar farm in the Green Belt and the local authority’s duties to promote renewable energy.
• Re. Footbridge Farm (2023): Planning inquiry concerning an industrial chicken farm in Shropshire whether (if granted) paragraph 187 of the NPPF would “lock in” emissions.
• (R) Suliman v BCP Council [2022] EWHC 1196 (Admin): Judicial review concerning the local authority’s duties in relation to a proposed “wildlife corridor” in a large residential development and the breadth of a planning authority’s power to impose measures to protect the environment by condition.
• R (Valero Logistics Ltd) v Plymouth City Council [2021] EWHC 1792 (Admin): Judicial review concerning planning permission for a private heliport on land near a COMAH site and the local authority’s entitlement to rely on other regulative regimes.
• North Essex Development Plan Examination in Public (2020): A proposed “garden community” strategy in the plan would breach EU and International State Aid Rules.

Sam accepts instructions in both inquests and public inquiries. He is experienced acting as counsel to the inquiry and acting for individual parties. He is particularly interested in Article 2 matters and judicial review arising from inquests or public inquiries.

Sam acts for individuals, families, public authorities, and private parties. He regularly takes on both advisory and advocacy work.

Cases of Note

• Re. Mark Williams (2024): Inquest concerning the death of a healthy 44-year-old man from a blood clot, the hospital had failed to report an earlier scan which identified the clot (acting for the family).
• Re. Widow Scallan’s Bar (2024, settled): Judicial review concerning the Irish Attorney General’s decision not to order a further inquest into the deaths of the victims of a terrorist bombing in 1994.
• Re. Voter ID (2023): Counsel to the parliamentary inquiry into the operation of new requirements for voters to produce identification documents at the May local elections in 2023. The inquiry concluded that the measures were a “poisoned cure” in that they created mores instances of disenfranchisement (and potential discrimination) than they prevented instances of personation.
• Re. Judicial Independence (2022): Counsel to the parliamentary inquiry into the impacts of government rhetoric on judicial independence. Concluded that several ministers, including Lord Chancellors and Law Officers had failed in their duties under Section 3 of the Constitutional Reform Act 2005.
• Re. Demonstrations on Clapham Common and in Bristol in March 2021 (2021): Counsel to the parliamentary inquiry into the policing of demonstrations. Concluded that the MPS and Avon and Somerset Constabulary had breached fundamental rights of demonstrators under Articles 10 and 11 ECHR and common law.

As former Standing Council to the PACE Rapporteur on Human Rights and International Trade, Sam is experienced in public law matters concerning international institutions, states, and private parties. Sam provides both advice and advocacy in public international law matters at all levels. He is particularly experienced at dealing with international law matters in UK domestic courts.

Sam has a particular interest in international arbitration. He has worked on several significant international investment agreements, in Strasbourg, Washington DC, and New York.

Cases of Note

• Re. UK relationship with Israel (2024): Advised on the extent to which UK “aid and assistance” to Israel could found liability for the UK in PIL.
• Standing Counsel to the PACE Rapporteur on Human Rights in International Trade (2022): Year-long project to identify how international trade agreements could be used to better protect human rights. Drafting Council of Europe resolutions on the same.
• Advice to legislators on international trade (2019-2021): Advised legislators from a range of parties on the international trade agreements proposed by the government after Brexit.
• Impacts of Brexit Trade Agreement on Scotland (2020): Advised Scottish NGO on the Brexit Trade Agreement and its likely impacts on the context of the Scotland Act and the role of the Scottish government.
• Article 50 Extension (2019): Advice to the Shadow Cabinet on the mechanism for extending the deadline for conclusion of negotiations pursuant to Article 50 of the Treaty on European Union.