David Hart QC Call: 1982
QC: 2003 david.hart@1cor.com Profile David Hart practices in environmental law, professional negligence, construction and medical law. His environmental work covers the whole range of issues - litigious, regulatory, planning, public law and transactional work – over all subject areas including water (Cambridge Water), waste (SRM), air (Coalite), and noise (Dennis). He also has a wide contaminated land practice, including two leading appeals (Sevenoaks and Sandridge). He has appeared in courts at all levels, including the European Court of Justice (Bromley) and House of Lords (Cambridge Water, UU), and Supreme Court (E). His professional negligence work has involved lawyers and construction professionals, as well as planning and environmental consultants (Chatham Dock). He is frequently instructed on insurance policy issues in the professional indemnity and environmental insurance contexts. His recent construction law work has concerned landfill sites, nuclear and other power stations, and Mechanical & Electrical disputes.
The mainstay of his healthcare work is clinical negligence. He has acted in many cerebral palsy cases over the last 15 years. He has also appeared for healthcare professionals in various disciplinary tribunals, and in the Alder Hey and Nationwide Organ Retention Litigation.
He has particular experience of group actions, in the environmental field (6 group actions alleging odour nuisance, 2 alleging dust & noise and a petrol contamination claim) and in medicine. Directories David is named as a "leader in his field" by Chambers & Partners 2010 and Legal 500 2009 in Directories as follows - environment (Chambers and Partners and Legal 500); clinical negligence (Chambers and Partners and Legal 500); and general professional negligence (Legal 500). Clinical Negligence Known for being “gentle and intellectually incisive.” He is particularly noted for his work in cerebral palsy cases. (Chambers and Partners 2011) David Hart QC is recommended as a reliable advocate on high-value catastrophic cases, including cerebral palsy claims. His instructing solicitors believe him to be "phenomenally bright."
(Chambers and Partners 2010) Environmental Law “excellent bedside manner and clear and concise approach to matters.” Hart remains a luminary in the field and enjoys an excellent reputation in nuisance, pollution, waste and contaminated land matters. (Chambers and Partners 2012) “always has the commercial aspects in mind when advising clients.” He is particularly recommended for his knowledge of nuisance, pollution and contaminated land matters, (Chambers and Partners 2011) This accessible set is home to David Hart QC, “a very quick reader of a case who provides expert opinions promptly" on all manner of environmental matters. He has a dazzling track record in nuisance, pollution and contaminated land cases, and is a "talented and compelling" advocate. Clients say his "understated courtroom demeanour and mastery of intricate detail" make him an ideal selection for long-running environment tribunals. (Chambers and Partners 2010) David Hart QC leads 1 Crown Office Row’s eminent environmental bench, which delivers advice with “a level of service that is, frankly, exceptional”. Hart regularly acts for the Environment Agency (EA), such as in the Divisional Court’s T (Thames) v EA concerning interlocking waste and waste water regulatory regimes. (Legal 500 2009) General Professional Negligence He is also listed as a Leading Silk in the Legal 500 2009.
Publications Editor, Burnett-Hall on Environmental Law, Second Edition, 2008, and author of chapters on water pollution, abstraction, flooding and waste. For a selection of his articles on environmental cases, please click here.
Appointments EU Emissions Trading Scheme Appeals Officer (2005-present) Lay member (2002-present) and deputy Chair of the St Thomas' Local Research Ethics Committee Accredited mediator (May 2003). Experience of mediations (as mediator or advocate) involving environmental, commercial, employment, construction matters, and including multi-party actions Committee member/adjudicator on LAB/LSC appeals (particularly Special Cases Unit) since 1995, and now member of LSC Special cases Review Panel. Significant cases include the following Please click on printable version of the CV for a more detailed list Winwood & Ors v Biffa Waste Services Ltd & Anor [2011] EWCA Civ 108 meaning of rent clause in landfill lease: continuing duty to maintain planning permission?l D Morgan Plc v Mace & Jones (a firm) [2010] EWHC 3375 (TCC) (22 December 2010): £50m solicitors’ negligence claim concerning planning permission for landfill dismissed R (Ali Zaki Mousa et al) v. SoS Defence, [2010] EWHC 1823 (Admin) (16 July 2010) judical review of decision not to order single Iraq inquiry Dobson v. Thames Water, Ramsey J, TCC, March 2010, judgement reserved: group action about Mogden sewage works, concerning odour and mosquitoes Crest Nicholson Residential Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs & Ors [2010] EWHC 561 (Admin) judicial review of SOS’s decision to serve remediation notice under Part IIA in respect of bromate contamination re Sandridge Winwood v. Biffa [2010] EWHC 242 (Ch) (19 February 2010) meaning of rent clause in landfill lease – under appeal
E, R (on the application of) v Governing Body of JFS & Anor [2009] UKSC 1 (14 October 2009) : PCOs and LSC's duty to continue to fund an appeal: first ever hearing in the Supreme Court.
Repic Ltd, R (on the application of) v The Scottish Environment Protection Agency & Anor [2009] EWHC 2015 (Admin) (31 July 2009) : unsuccessful challenge to enforcement of the WEEE Regulations in respect of "over-collectors" of WEEE.
Morgan & Baker v Hinton Organics, CA, February 2009, costs order on unsuccessful application for interim injunction Aarhus-compliant? Dobson v Thames Water [2009] EWCA Civ 28, CA, interrelationship between nuisance and Article 8 damages arising out of odour claims in a group action Watson v Croft Promosport [2009] EWCA Civ 15, CA, successful claim for an injunction against a motor racing circuit Redfern Inquiry into Tissue Sampling in UK Nuclear Facilities (2008-09) acting for one of the nuclear stakeholders R (Testwood) v Environment Agency, November 2008; compromised judicial review concerning proposed fish pass on the River Test R (Thames Water) v Environment Agency [2008] EWHC Civ 1763, Div. Ct, escaped sewage is "waste" R (McCaw) v Westminster City Magistrates Ct [2008] EHWC 1504 (Admin); Div Ct Aarhus Convention/procedural appeal in statutory nuisance case. United Utilities v Environment Agency [2007] 1 WLR 2707 : application of PPC to waste water treatment processes. The Bromley ECJ reference: Thames Water & Environment Agency (C-252/05) January 2007 SRM v Environment Agency [2006] EWHC 3023 Admin: are recovered solvents waste when used as fuel?
3C v Mersey Waste [2006] EWHC 2598 Comm : Article 10 Landfill Directive and existing contracts Lennie v Royal Victoria Infirmary [2006] EWCA Civ 975 : appeal on liability in alleged syntocinon & forceps delivery negligence Dennis v Ministry of Defence [2003] Env LR 34 Human Rights/Nuisance claims re Harrier jump jets Cambridge Water v Eastern Counties Leather [1994] 2 AC 264, HL - Nuisance and Rylands v Fletcher: water pollution Other information VAT Registration No: 365 6414 41 | 
