LawPod UK Ep: 107: The Climate Change Act, Heathrow and HS2 - Apr 2020
David Hart QC 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 top silk in environmental law.
- 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:
- 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.
Law Pod UK Ep 101: Should we sue doctors? James Badenoch QC & David Hart QC discuss - Jan 2020
Who’s Who: David Hart QC named a top silk for Environment - May 2019
Law Pod UK Ep. 52: The Castle Environmental Debate – Episode One - Nov 2018
David Hart QC to speak in Castle Debates with UKELA on ‘The Environmental Principles and Governance Bill – pros and cons’ - Oct 2018
David Hart QC and Jessica Elliott in the Court of Appeal regarding Japanese Knotweed - Jun 2018
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 named one of the most highly regarded silks by Who’s Who Legal 2018 - Mar 2018
David Hart QC speaks at the 2018 Land Symposium - Mar 2018
David Hart QC and Jessica Elliott successful in utilities appeal - Jan 2018
Law Pod UK Ep. 9: Measuring clinical effectiveness for specialist drugs - Aug 2017
David Hart QC comments in The Times on Brexit plans - Aug 2017
Law Pod UK Ep 6: The European Withdrawal Bill, and the future for environmental standards - Jul 2017
Law Pod UK Ep. 3: Negligence ruling in meningitis case - Jun 2017
UK Human Rights Blog is pick of best legal bloggers by The Times - Feb 2017
David Hart QC and Claire McGregor Represented Gilberto Torres In Crowdjustice’s Launch Case - Nov 2016
David Hart QC wins compensation claim for salmon fisherman - Jun 2016
3 members listed in Who’s Who Legal 2016 - Feb 2016
David Hart QC and Henry Witcomb shortlisted for the 2015 Chambers UK Bar Awards - Sep 2015
David Hart QC decides airline carbon dioxide emissions case - Apr 2015
Human Rights Blog reaches final of the UK Blog Awards 2015 - Dec 2014
David Hart QC succeeds for the UK Environmental Services Association in a waste management judicial review - Mar 2013
Members of 1COR acted in the Mid-Staffordshire NHS Trust Public Inquiry - Feb 2013
Ten 1COR members and our Chambers Academic have contributed to the 3rd Edition of “Burnett-Hall on Environmental Law” - Feb 2013
David Hart QC is appearing for objectors in two Norfolk windfarm appeals - Feb 2012
1COR Kayaking event raises funds for charity - Sep 2011
David Hart QC and John Whitting defend Mace & Jones in £50m negligence claim - Dec 2010
Judicial review as to the need for a single inquiry into Iraqi torture allegations to go ahead, says High Court - Aug 2010