David Hart KC practises in environmental law, medical law, professional negligence and construction. He has also appeared at a number of major public inquiries. David has particular experience of group actions, in the environmental field (eight group actions alleging odour nuisance, four alleging dust & noise and a petrol contamination claim) and in medical cases.
His construction law work has concerned landfill sites, nuclear and other power stations, and Mechanical and Electrical disputes.Environmental Law
David’s environmental work covers the whole range of issues – litigious, regulatory, planning, public law, criminal and transactional work – over all subject areas including water (Cambridge Water), waste (SRM, REPIC), air (Coalite), odour (Dobson), noise (Dennis, Watson), fishing (cockles, polluted trout streams, and Mott about salmon licences), windfarms (Macarthur and public inquiry). 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). He also appears in the criminal courts on environmental matters.
He is also instructed on insurance policy issues in the environmental insurance con-text, including professional indemnity matters.
For many years Who’s Who Legal have recommended David as a Most Highly Regarded Silk in environmental law.
Listen to David discuss the European Withdrawal Bill, and the future for environmental standards on episode 6 of our podcast Law Pod UK here.
- Richards v Environment Agency and another  EWCA Civ 26: landmark emissions case in Court of Appeal.
- Beirut Port Explosion (2021): Representing victims of the 2020 Beirut Port Explosion.
- Network Rail Infrastructure v Williams & Waistell  EWCA Civ 1514: Court of Appeal case on liability for Japanese Knotweed.
- Southern Gas Networks v Thames Water  EWCA Civ 33: the Court of Appeal found the defendant water company liable to SGN for the cost of customer compensation payments made after leaking water mains caused a gas outage in Christmas 2012.
- Forager v Natural England  UKUT 0148 (AAC): First appeal to Upper Tribunal about stop notice affecting forager.
- Environment Agency v SITA [2014 - 2017]: Truro Crown court proceedings concerning environmental offences at landfill; hearing before HHJ Carr QC, 2-3 February 2017.
- Environment Agency v Mott : Judicial review of catch limitation on salmon licence, plus A1P1 claim for damages.
- States of Guernsey v 3M : Commercial Court: £20m+ product liability claim concerning PFOS used in fire fighting foam.
- Appeal under Water Fittings Regulations: before John Uff QC concerning marinas: 2014.
- Appeals by South West Water, Anglian Water, and Yorkshire Water against conditions in environmental permits: Inspector Grantham, January 2014.
- 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
- Felpham footpath diversion inquiry 2012.
- R v. V  EWCA Crim 2342: transfrontier shipment of waste appeal 2011: gave evidence on deposition in US in environmental warranty dispute.
- Winwood & Ors v Biffa Waste Services Ltd & Anor  EWCA Civ 108 concerning the construction of a landfill lease.
- Dobson v. Thames Water, Ramsey J, TCC,  EWHC 3253 (TCC)
- Austin v. Miller Argent  EWCA Civ 928
- Crest Nicholson Residential Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs & Ors  EWHC 561 (Admin)
- 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,
- R (Testwood) v Environment Agency : Judicial review about salmon fish pass.
- 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
- Dennis v Ministry of Defence  Env LR 34
- Bowden v South West Water  Env LR 445 (Carnwath J), (CA),  Env LR 438: Shellfisherman claims for breach of EU environmental directives.
- Middleton v Wiggin  Env LR 17, CA: Environmental insurance coverage dispute.
- The Coalite Litigation: Pollution claims by local farmers and inhabitants, environmental insurance coverage dispute and Health and Safety at Work Act prosecution.
He has acted in many cerebral palsy cases over the last 25 years, for claimants and defendants. 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 and for Sellafield Ltd in the Redfern Inquiry into the retention of tissue samples in the nuclear industry. He regularly appears at inquests.
Listen to David discuss key topics on our podcast, Law Pod UK:
Ep 101: Should we sue doctors? (with James Badenoch KC)
Ep.9: Measuring clinical effectiveness for specialist drugs
Ep. 3: Negligence ruling in meningitis case
- Sir Robert Francis Inquiry into Mid Staffs Hospital (2011-2012): Acted for CQC.
- Lennie v Royal Victoria Infirmary  EWCA Civ 975
- AB v Leeds HA  QC 506: Nationwide Organs Litigation.
David’s professional negligence work has involved lawyers giving planning and environmental advice, including the conduct of environmental litigation. It also involves construction professionals, as well as planning and environmental consultants. He is instructed on policy issues in the professional indemnity and environmental insurance contexts.
- D Morgan Plc v Mace & Jones (a firm)  EWHC 3375 (TCC).
- Urban Regeneration Agency v Mott Macdonald  NJ 736: Multi-million pound Chatham Dock decontamination claim against environmental consultants.
Landmark emissions case in the Court of Appeal - Jan 2022
In Richards v Environment Agency and another  EWCA Civ 26 David Hart QC, leading Thomas Beamont, appeared for the Interested Party landfill operator in both the High Court and Court of...
David Hart QC named one of the Most Highly Regarded Environment Silks in Who’s Who Legal 2021 - Aug 2021
Delighted to have David Hart QC recommended by Who’s Who Legal as one of two Most Highly Regarded Silks for Environment both Nationally and Globally in their 2021 Bar Guide. He is described as...
David Hart QC, Emma-Louise Fenelon and Tom Beamont act for victims of the Beirut Port Explosion - Aug 2021
On 4 August 2020, 2,750 tonnes of ammonium nitrate stored in the port of Beirut exploded, resulting in one of the largest non-nuclear explosions in history. The Beirut Port explosion killed over 200...
LawPod UK Ep: 107: The Climate Change Act, Heathrow and HS2 - Apr 2020
The latest episode of Law Pod UK features energy expert Thomas Muinzer of Aberdeen University and David Hart QC of 1 Crown Office Row. They discuss the complex provisions of the Climate Change Act...
Law Pod UK Ep 101: Should we sue doctors? James Badenoch QC & David Hart QC discuss - Jan 2020
In this episode, Rosalind English brings together two members of 1 Crown Office Row who have spent their professional lives both claiming against and defending the NHS. James Badenoch QC, now retired,...
Who’s Who: David Hart QC named a top silk for Environment - May 2019
In the 2019 release of Who’s Who in the legal world, we are delighted that David Hart QC has been named as the third most recommended silk for Environment Law. He has long been a leading light in...
Law Pod UK Ep. 52: The Castle Environmental Debate – Episode One - Nov 2018
The first Episode in the Castle Debate about the Environmental Principles and Governance Bill. David Hart QC and Peter Kellet from the Environment Agency consider how this bill addresses the...
David Hart QC to speak in Castle Debates with UKELA on ‘The Environmental Principles and Governance Bill – pros and cons’ - Oct 2018
The European Union (Withdrawal) Act 2018, which repeals the European Communities Act 1972, ensures that existing environmental law will continue to have effect in UK Law. It also requires...
David Hart QC and Jessica Elliott in the Court of Appeal regarding Japanese Knotweed - Jun 2018
David Hart QC and Jessica Elliott have been in the Court of Appeal, arguing that property owners have no basis for a claim in nuisance for the presence of Japanese Knotweed on Network Rail's adjoining...
David Hart QC makes his operatic debut as Sarastro in Mozart’s Magic Flute at The Auden Theatre from 12th – 14th April - Apr 2018
David Hart QC is making his operatic debut as Sarastro in Mozart's 'The Magic Flute' at The Auden Theatre, Holt, Norfolk from 12th - 14th April. Tickets are available to buy here, as well as more...
David Hart QC named one of the most highly regarded silks by Who’s Who Legal 2018 - Mar 2018
David Hart QC has been named one of the most highly regarded silks for Environment by Who's Who Legal. This year only 46 barristers were identified by the legal guide with David Hart QC ranking in the...
David Hart QC speaks at the 2018 Land Symposium - Mar 2018
David Hart QC tells the Institute of Environmental Science what it needs to be done to make those who pollute land or buy polluted land to clean it up. This is because the current system does not work...
David Hart QC and Jessica Elliott successful in utilities appeal - Jan 2018
In Southern Gas Networks v Thames Water  EWCA Civ 33, the Court of Appeal found the defendant water company liable to SGN for the cost of customer compensation payments made after leaking water...
Law Pod UK Ep. 9: Measuring clinical effectiveness for specialist drugs - Aug 2017
Rosalind English discusses with David Hart QC a recent challenge to the refusal by the NHS to fund a specialist drug for a child suffering from a metabolic condition. Listen to this episode on...
David Hart QC comments in The Times on Brexit plans - Aug 2017
David Hart, QC, who practises environmental law, was quoted in The Times on how the Brexit Bill might affect individuals and firms in the UK. Asked about how new plans might affect the rights on...
Law Pod UK Ep 6: The European Withdrawal Bill, and the future for environmental standards - Jul 2017
David Hart QC considers the likely impact of the European Withdrawal Bill, and in particular the concerns about the knock on effects it might have on existing environmental standards after BREXIT with...
Law Pod UK Ep. 3: Negligence ruling in meningitis case - Jun 2017
David Hart QC assesses the implications of a recent negligence case involving a young doctor's failure to diagnose a child with meningitis with Rosalind English. Listen to this episode on Audioboom...
UK Human Rights Blog is pick of best legal bloggers by The Times - Feb 2017
1 Crown Office Row's UK Human Rights Blog and Adam Wagner have been featured in The Times today in a feature about the rise of legal blogging. Jonathan Ames has written a feature in The Times...
David Hart QC and Claire McGregor Represented Gilberto Torres In Crowdjustice’s Launch Case - Nov 2016
Gilbert Torres, the Columbian trade unionist who was kidnapped and tortured by paramilitaries in 2002, sought damages in respect of his kidnap and imprisonment against BP and 6 other related oil...
David Hart QC wins compensation claim for salmon fisherman - Jun 2016
David Hart QC appeared before the Court of Appeal in a challenge to the Environment Agency's decision to limit Mr Mott's catch of River Severn salmon to 5% of his historic catch. On 17 June 2016, the...
3 members listed in Who’s Who Legal 2016 - Feb 2016
David Hart QC, Angus McCullough QC and Jeremy Hyam have been named in Who's Who Legal 2016, a publication which identifies the foremost legal practitioners in business law based upon comprehensive,...
David Hart QC and Henry Witcomb shortlisted for the 2015 Chambers UK Bar Awards - Sep 2015
We are delighted to announce that two of our members have been shortlisted for the 2015 Chambers UK Bar Awards. David Hart QC for the Environment section and Henry Witcomb for the Personal Injury /...
David Hart QC decides airline carbon dioxide emissions case - Apr 2015
David Hart QC dismissed an appeal by Indian Airways challenging the validity of the EU aviation carbon market. Mumbai-based Jet Airways, India's second largest airline both in terms of market share...
Human Rights Blog reaches final of the UK Blog Awards 2015 - Dec 2014
1 COR's Human Rights Blog has reached the final of the UK Blog Awards 2015 and is now recognised as being one of the best top ten industry Blogs across the UK. Many congratulations to the editors...
David Hart QC succeeds for the UK Environmental Services Association in a waste management judicial review - Mar 2013
David Hart QC has successfully represented The Environmental Services Association (ESA), the voice of the UK's waste management industry, in a judicial review into domestic regulations about rubbish...
Members of 1COR acted in the Mid-Staffordshire NHS Trust Public Inquiry - Feb 2013
Members of One Crown Office Row were involved in this inquiry, drawing on their combined expertise in clinical negligence and public law. The hearings took place from November 2010 until December...
Ten 1COR members and our Chambers Academic have contributed to the 3rd Edition of “Burnett-Hall on Environmental Law” - Feb 2013
David Hart QC, Angus McCullough QC, Owain Thomas, Jeremy Hyam, Suzanne Lambert, Richard Mumford, John Jolliffe, Rachel Marcus, Matthew Donmall, Karwan Eskerie and Rosalind English (our Chambers...
David Hart QC is appearing for objectors in two Norfolk windfarm appeals - Feb 2012
Tuesday 31st January saw the start of a three week public inquiry in Kings Lynn to determine whether two windfarm projects should be allowed to proceed. Controversial issues include landscape,...
1COR Kayaking event raises funds for charity - Sep 2011
On the weekend of 10 -11 September, nearly 30 intrepid kayakers took to the water in north Norfolk in an event organized by 1COR's David Hart QC to raise money for a new website, Law and Your...
David Hart QC and John Whitting defend Mace & Jones in £50m negligence claim - Dec 2010
David Hart QC and John Whitting, instructed by Beachcoft, succeeded in defending North West law firm Mace & Jones against professional negligence claims by construction company D Morgan relating...
Judicial review as to the need for a single inquiry into Iraqi torture allegations to go ahead, says High Court - Aug 2010