Peter Lockley has a broad practice spanning Public, Information and Employment Law. He has a keen interest in environmental law, in particular in litigation that helps public interest groups to strengthen environmental protection. He has acted on numerous occasions for the Information Commissioner and draws on this experience when representing individuals and public authorities in information and data protection matters. He regularly appears for both claimants and respondents in the Employment Tribunal.
Peter has a thriving practice representing green groups in high-profile environmental litigation, including a recent successful challenge to Government fracking policy, and representing Friends of the Earth in its claim against the third runway at Heathrow. In addition, he often acts for local authorities and regulators on both contentious and advisory matters. In particular, he has significant experience of acting for the Local Government Ombudsman and for Ofgem.
Prior to joining the bar, Peter worked for a major environmental NGO. He is keen to work with individuals and public interest groups to find creative legal ways of strengthening environmental protection.
Recent reported cases include:
- R (Friends of the Earth) v SoS Transport  EWHC 1070 (Admin)
– acted for Friends of the Earth, the lead claimant on climate change issues in multi-party judicial review of the Airports National Policy Statement, which supports a third runway at Heathrow. Led by David Wolfe QC.
- R (AD & Ors) v LB Hackney  EWHC 943 (Admin)  ELR 296
– represented defendant local authority in a challenge to its approach to funding Special Educational Needs provision. Led by Jonathan Auburn.
- R (Stephenson o.b.o Talk Fracking) v SoS Housing and Communities and Local Government EWHC 519 (Admin) – the Government had purported to consult on the merits of fracking policy when adopting the revised National Planning Policy Framework). It had failed to consider scientific evidence supplied by Talk Fracking, including the effects of fracking on climate change, and consulted unlawfully. Led by David Wolfe QC.
- R (Regas) v LB Enfield  EWHC 2513 (QB) – acted for local authority resisting JR of planned cycle path. Led by James Goudie QC
Peter has acted for the Information Commissioner in more than 70 FOIA/EIR appeals in the First-Tier and Upper Tribunals. From these cases he has gained a deep working knowledge of the information access regimes. This allows him to offer highly practical advice and representation to requesters and public authorities on information matters.
Peter has acted for and against the Commissioner in data protection enforcement matters. He also advises public and private sector clients on data protection and privacy issues and has significant experience advising clients on GDPR compliance.
Recent cases include:
- Information Commissioner v Malnick and ACOBA  UKUT 72 (AAC) – three judge panel of the Upper Tribunal considered the correct approach to the Qualified Person’s opinion required by s.36 FOIA; also decided that the Information Commissioner is functus office once she has issued a decision notice, so that issues cannot be remitted to her from the Tribunal. v.
- Cabinet Office v IC and Morland  UKUT 67 (AAC) – key appellate decision in a long series of ‘medals’ appeals raising issues about the scope of s.37 FOIA (honours). Acted for the Information Commissioner in this case and several related appeals.
- Gibbs v Information Commissioner and FCO (EA/2017/0258 & 0275) (20 December 2018) – case concerning information requested by an investigative journalist, concerning the export of naval hardware to a known militant in the Niger Delta. Issues including s.27 FOIA (international relations), s.31 (law enforcement) – arising out of on-going criminal investigations, and the scope of any Article 10 right to receive information.
- Montague v Information Commissioner  UKFTT 2015_0289 (GRC) (26 July 2016): commercial interests exemption applied to BP sponsorship of the Tate Gallery.
Peter appears regularly in the Employment Tribunal and Employment Appeal Tribunal, acting for both Claimants and Respondents across the full range of employment law claims.
Recent Cases include:
- Margarit v Buster v Punch (2302310/2017) – acted for the Respondent design company faced with wide-ranging sexual orientation discrimination claims.
- Brettle v Dudley EAT (UKEAT/0103/17/JOJ) – acted for the Respondent in an appeal concerning amendments to a claim form, and the proper approach where one Employment Judge is asked to interpret the decision of another in the same claim.
- Reuters Ltd v Cole (UKEAT/0258/17/BA) – whether Claimant adding claim for direct discrimination to a claim for discrimination arising from disability amounts to a a ‘mere relabelling’ if the factual background is the same. Acted for the Claimant.
- Chan Kwok Cheong v London Borough of Newham (3201921/2016 and 3201921/2017 – Costs) – successful claim of failure to make reasonable adjustments, including for specialist therapy not available on the NHS, brought by a teacher who was assaulted by a pupil. Significant award of costs due to failures of disclosure.
Peter is a co-editor of the new data protection chapter of Tolley’s Employment Law Handbook. He is also the author of several guides to environmental technologies used in commercial shipping.
University of Cambridge, MA (Cantab)
Bar Professional Training Course (Outstanding)
Graduate Diploma in Law in (Distinction)
Peter is a member of the UK Environmental Law Association.
Prior to commencing his legal career, Peter was the Head of Transport Policy at WWF-UK, where he was involved in high-profile environmental cases: (R (Hillingdon) v Secretary of State for Transport  EWHC 626 (Admin) (Heathrow third runway); (Case C-366/10, Air Transport Association of America,  2 CMLR 4) (Emissions trading for foreign airlines).