David Hart QC
David Hart practises 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), odour (Dobson), noise (Dennis, Watson), and windfarms (Macarthur). 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 (Morgan v. Mace & Jones, on planning advice) 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 construction law work has concerned landfill sites, nuclear and other power stations, and Mechanical and Electrical disputes.
The mainstay of his healthcare work is clinical negligence. He has acted in many cerebral palsy cases over the last 20 years. He has also appeared for healthcare professionals in various disciplinary tribunals, and in the Alder Hey and Nationwide Organ Retention Litigation. He acted for the CQC in the Francis Inquiry.
He has particular experience of group actions, in the environmental field (7 group actions alleging odour nuisance, 4 alleging dust & noise and a petrol contamination claim) and in medical cases.
David is named as a "leader in his field" by the Chambers & Partners and Legal 500 Directories as follows - environment (Chambers and Partners and Legal 500); clinical negligence (Chambers and Partners and Legal 500); and general professional negligence (Legal 500).
David Hart QC is particularly recommended for his work on cerebral palsy cases, and combines his clinical negligence work with a strong environmental practice. (Chambers and Partners 2013)
Known for being “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)
A key member of the set is David Hart QC who is also recognised for his abilities in environmental law and professional negligence matters.
(Chambers and Partners 2008)
David "contributes a wealth of sheer brain power to his clinical negligence cases." (Chambers and Partners 2007)
Class act" David Hart QC produces "excellent environmental and planning work" and is known for his "brilliant written submissions." He has considerable experience across the full gamut of environmental law, and tackles both regulatory issues and transactional matters (Chambers and Partners 2013)
“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)
“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)
Definitely a genuine environment barrister, David Hart QC has handled a number of waste, water, air pollution and noise issues. He is also currently handling two land contamination appeals. Clients are satisfied with his “devastating and robust opinions which he always delivers on time." (Chambers and Partners 2008)
The "widely respected David Hart QC" (Legal 500, 2007) is "recommended for specialist environmental advice, particularly for litigious matters, and as someone who can take very complex issues and explain them very quickly." (Legal 500 2006)
General Professional Negligence
He is also listed as a Leading Silk in the Legal 500 2009.
Editor, Burnett-Hall on Environmental Law, Third Edition, 2012, and author of chapters on water pollution, abstraction, flooding and waste.
For a selection of his articles on environmental cases, please click here.
EU Emissions Trading Scheme Appeals Officer (2005-present) and CRC Appeals Officer (2012- present)
Lay member and deputy Chair of the St Thomas' Local Research Ethics Committee (2002-2012)
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 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
R (UK Recyclate et al) v. Secretary of State for Environment, Food & Rural Affairs  EWHC 425 (Admin) Hickinbottom J
Macarthur et al. v. Secretary of State for Communities and Local Government  EWHC 3 (Admin) Lang J
MR v. X Trust, January 2013
Felpham footpath diversion inquiry 2012
Arbitration under landfill lease 2012
Francis Inquiry; acted for CQC in 2011-2
R v. V  EWCA Crim 2342
2011, gave evidence on deposition in US in environmental warranty dispute
Winwood & Ors v Biffa Waste Services Ltd & Anor  EWCA Civ 108
Dobson v. Thames Water, Ramsey J, TCC,  EWHC 3253 (TCC)
Austin v. Miller Argent  EWCA Civ 928
D Morgan Plc v Mace & Jones (a firm)  EWHC 3375 (TCC) (22 December 2010)
R (Ali Zaki Mousa et al) v. SoS Defence,  EWHC 1823 (Admin) (16 July 2010)
Crest Nicholson Residential Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs & Ors  EWHC 561 (Admin)
Winwood v. Biffa  EWHC 242 (Ch) (19 February 2010)
E, R (on the application of) v Governing Body of JFS & Anor  UKSC 1 (14 October 2009)
Repic Ltd, R (on the application of) v The Scottish Environment Protection Agency & Anor  EWHC 2015 (Admin) (31 July 2009)
Morgan & Baker v Hinton Organics, CA, February 2009
Dobson v Thames Water  EWCA Civ 28, CA,
Watson v Croft Promosport  EWCA Civ 15, CA,
Redfern Inquiry into Tissue Sampling in UK Nuclear Facilities (2008-09)
R (Testwood) v Environment Agency, November 2008
R (Thames Water) v Environment Agency  EWHC Civ 1763, Div. Ct
R (McCaw) v Westminster City Magistrates Ct  EHWC 1504 (Admin)
United Utilities v Environment Agency  1 WLR 2707
The Bromley ECJ reference: Thames Water & Environment Agency (C-252/05) January 2007
SRM v Environment Agency  EWHC 3023 Admin:
3C v Mersey Waste  EWHC 2598 Comm
Lennie v Royal Victoria Infirmary  EWCA Civ 975
Dennis v Ministry of Defence  Env LR 34
Cambridge Water v Eastern Counties Leather  2 AC 264, HL
VAT Registration No: 365 6414 41