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  • Jonathan Moffett QC
    Areas of Practice

  • Commercial Judicial Review
  • Education
  • European Union
  • Health & Community Care
  • Human Rights
  • Information
  • Media Law
  • Procurement and State Aid
  • Professional Discipline and Regulatory Law
  • Public
  • Public Access
  • Activity from
    Jonathan Moffett

  • Recent cases

    Combined Authority challenge succeeds

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    Court rules on London oratory school admission arrangements

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  • Article

    Local Authority Conference 2016 - Proportionality and Legitimate Expectation

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    Welsh Local Authority Conference - Judicial Review: Practice and Procedure

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  • News

    Richard Leiper and Jonathan Moffett have been appointed Queen’s Counsel

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    Appointments to Treasury Panel 2014

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  • Podcast

    Academies (11KBW Education Conference 2014)

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Jonathan Moffett QC

Jonathan Moffett

Jonathan Moffett QC

Practice Overview

Jonathan is a leading public law junior, with a practice that has a particular emphasis on the fields of human rights and civil liberties, education law, local government law, regulatory law, health, environmental law, and EU law. He is ranked as a leading junior in public law by both Chambers & Partners and The Legal 500. Jonathan is on the Attorney General’s ‘A’ panel of counsel to the Crown and the Welsh Government’s ‘A’ panel of counsel (public law). He is a co-author of the leading practitioner’s text, Judicial Review: Principles and Procedure (OUP, 2013).

Jonathan deals with cases involving civil liberties and human rights issues across a wide range of areas, including retention of information, prisons, immigration and asylum, and terrorism and national security. He also has experience of dealing with such issues in the health sector, and has advised on matters such as the compatibility of policies for the treatment of funding with Convention rights and equalities legislation.

Jonathan is widely recognised as one of the leading education law juniors in the country, and he is ranked in the top tier of counsel in the field by Chambers & Partners and The Legal 500. He has experience of dealing with the full range of issues that arise in the maintained sector and in relation to academies, independent schools and universities. Jonathan has particular expertise in dealing with challenges to school reorganisations and academy conversions.

Jonathan is ranked as a leading junior in local government law by both Chambers & Partners and The Legal 500. He has experience of dealing with matters across the full spectrum of local government law, including community care, the public sector equality duty, inter-authority disputes, local government reorganisation (including community governance reviews), central government intervention, standards, local government finance and land transfers, access to information, procurement and employment issues. Jonathan recently successfully defended the London Fire Commissioner and the London Fire and Emergency Planning Authority against a major challenge brought by seven London Borough Councils to the reorganisation of the London Fire Brigade in the light of budget cuts.

In regulatory matters, Jonathan acts for both companies and regulators, and has particular experience in dealing with judicial reviews relating to the financial sector. Jonathan also has extensive experience of litigating environmental law issues (whether arising out of domestic or EU law) in the higher courts, and he recently acted for the Secretary of State for Energy and Climate Change on the challenge to the grant of development consent for a new nuclear power station at Hinkley Point.

Across his areas of practice, Jonathan acts for individuals, charities, companies, NGOs, central and local government bodies, regulators and other public bodies. He regularly lectures on public law issues, and he is a member of the Constitutional and Administrative Law Bar Association and the Planning and Environmental Bar Association.

WHAT THE DIRECTORIES SAY

"He is very approachable, easy to communicate with and extremely helpful. He has a really thorough knowledge of his subject." Chambers & Partners 2017

"He's able to pick matters up really late in the day, get up to speed and diagnose a strategy. All of this he does with a great sense of humour."
Chambers & Partners 2017

"Continues to impress with his encyclopaedic knowledge of the law and his ability to set out complex legal matters with real clarity and authority. His commitment to his client’s cause is sensational and his work ethic second to none."
Chambers & Partners 2017

"He continues to impress with his encyclopaedic knowledge of the law and his ability to set out complex legal matters with real clarity. His commitment to his client’s cause is sensational which, when combined with a highly affable personality, make him one of the finest junior counsel in his field."
Chambers & Partners 2017

"He leaves no stone unturned and commands the attention of the court."
- Legal 500

"Excellent in court" - Legal 500

"He is very proactive and provides a very quick turnaround of papers. Very personable, he's excellent with clients and has a very impressive manner in court" - Chambers & Partners

"He demonstrates great intellectual flexibility, and can work around issues and find a practical solution" - Chambers & Partners

"He offers an excellent service, he is very responsive and full of energy and enthusiasm for the subject which shines through" - Chambers & Partners

"In judicial review proceedings he is an outstanding barrister - he has good arguments which he marshals clearly, eloquently and articulately" - Chambers & Partners

"Offers an excellent service and is both very responsive and full of energy and enthusiasm for the subject" - Chambers & Partners

"Extremely knowledgeable in this very technical area of law" - Legal 500

"An experienced litigator in EU and domestic environmental issues" - Legal 500

"Combines exceptional academic and analytical skills with seemingly boundless energy" - Legal 500

Very bright and very approachable, he knows his stuff” - Chambers & Partners

He has a passion for the field” - Chambers & Partners

He is absolutely excellent. He’s very client-friendly, very accessible, and everyone is comfortable in him leading the case” - Chambers & Partners

Very skilled” - Legal 500

A very bright and gifted lawyer who is extremely able” - Legal 500

He is a top performer, and a perfectionist in terms of his preparation” - Chambers & Partners

He is very measured and clients really sing his praises” - Chambers & Partners

He’s extremely approachable, thorough, sensible, practical and very capable” - Chambers & Partners

He is always very succinct in his advice and fair with the client…they always come away thinking they've had the best advice” - Chambers & Partners

Absolutely in the top league” - Chambers & Partners

Highly respected” - Legal 500

Whenever he makes a point, you know that it is one worth making. He also has quite a rapport with judges - they respect him” - Chambers & Partners

Very sharp, very speedy” - Chambers & Partners

Cases

McDonald v McDonald
[2016] UKSC 28, SC, June 15 2016, Times, June 29 2016
When a private sector landlord claimed possession of premises which were the residential home of a tenant, the tenant was not entitled to have the proportionality of the eviction taken into consideration by the court. 
Jonathan appeared for the Secretary of State for Communities and Local Government, intervening.

R (Hysaj) v Secretary of State for the Home Department
[2015] EWCA Civ 1195, CA, November 26 2015, Times, January 26 2016
Fraud vitiates naturalisation

R (Andrews) v Secretary of State for the Environment, Food and Rural Affairs
CA, July 1 2015; [2016] EWCA Civ 669; [2016] PTSR 112; [2016] 3 All ER 1022
Jonathan represented the Secretary of State in a case that raised issues relating to the interpretation of a Victorian statute, ouster clauses and legal certainty in the context of rights of way.

R (London Oratory School) v Schools Adjudicator
[2015] EWHC 1012 (Admin), [2015] ELR 335
Jonathan acted for the Department for Education on a judicial review of a decision that the London Oratory School was operating an impermissible admissions policy.

Gaughran v Chief Constable of the Police Service of Northern Ireland
[2015] UKSC 29, [2015] 2 WLR 1303
Jonathan, led by James Eadie QC, successfully resisted a challenge to the indefinite retention by the police of the DNA profiles of persons who have been convicted of an offence.

R (Friends of the Earth) v Welsh Ministers
[2015] EWHC 776 (Admin)
Jonathan successfully represented the Welsh Government on a challenge to its decision to build a new stretch of the M4 motorway to the south of Newport.

R (Tower Hamlets London Borough Council) v Secretary of State for Communities and Local Government
[2014] EWHC 4363 (Admin)
Jonathan successfully represented the Secretary of State on a challenge to the decision to conduct a “best value” inspection of Tower Hamlets Council.

R (XX) v Secretary of State for the Home Department
[2014] EWHC 4106 (Admin)
Jonathan successfully represented the Home Secretary on a challenge to the scheme for the disclosure of information about convicted sex offenders known as “Sarah’s Law”.

R (Westscott Financial Services) v Financial Ombudsman Service
[2014] EWHC 3972 (Admin)
Jonathan successfully represented the Financial Ombudsman on a challenge to a decision not to stay complaints pending the outcome of a major negligence claim in the Commercial Court.

R (An Taisce) v Secretary of State for Energy and Climate Change
[2014] EWCA Civ 1111, [2015] PTSR 189
Jonathan, led by Jonathan Swift QC, successfully represented the Secretary of State on a challenge to the grant of development consent for a new nuclear power station at Hinkley Point.

Telford and Wrekin Borough Council v Secretary of State for Communities and Local Government
[2014] EWCA Civ 507
Jonathan successfully represented the Secretary of State on a case raising the issue of the correct application of the Community Infrastructure Levy Regulations

R (George) v Secretary of State for the Home Department
[2014] UKSC 28, [2014] 1 WLR 1831
Jonathan, led by Robin Tam QC, successfully represented the Secretary of State in the Supreme Court on a case raising the issue of the consequences of the revocation of a deportation order for a person’s immigration status.

R (Corrie) v Suffolk County Council
[2014] EWHC 2490 (Admin), [2015] Env LR 5
Jonathan, led by Paul Stinchcombe QC, successfully represented the Council on a challenge to the grant of planning permission for a waste transfer decision.

R (Flynn) v Secretary of State for Communities and Local Government
[2014] EWHC 390 (Admin), [2014] 1 WLR 3270
Jonathan represented the Secretary of State on a challenge to a decision that a traveller was not a relevant occupier of land who could appeal against a planning enforcement notice.

R (Islington London Borough Council) v Mayor of London and London Fire and Emergency Planning Authority
[2013] EWHC 4142 (Admin)
Jonathan successfully represented the London Fire Brigade on a challenge to the decision to close fire stations in the light of budget cuts.

R (Skrytek) v Secretary of State for Communities and Local Government
[2013] EWCA Civ 1231, [2014] Env LR 15
Jonathan successfully represented the Secretary of State in a case concerning the correct application of the waste hierarchy to waste treatment facilities.

R (TD) v Commissioner of Police for the Metropolis
[2013] EWHC 2231 (Admin)
Jonathan successfully represented the Home Secretary on this challenge to the retention by the police of information relating to an individual suspected of a sexual offence.

R (DD) v Independent Appeal Panel of the London Borough of Islington
[2013] EWHC 2262, [2013] ELR 483
Jonathan successfully represented the Department for Education in a case that raised a question as to the application of the School Admission Code in infant class size cases.

R (RMC and FJ) v Commissioner of Police of the Metropolis
[2012] EWHC 1681 (Admin), [2012] 1 WLR 3007
Jonathan represented the Home Secretary on a challenge to the national policy on the management of police information.

R (Humber Oil Terminal Trustees) v Marine Management Organisation
[2012] EWHC 3058 (Admin)
Jonathan acted for the Trustees in this challenge to the MMO’s decision that it had no power to make an order constituting a new harbour authority.

R (Green Denman) v Financial Ombudsman Service
[2012] EWHC 1253 (Admin)
Jonathan successfully represented the Financial Ombudsman on a challenge to his approach to advice given on income drawdown schemes.


Regulatory Information

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Professional title: Barrister


Full name (as registered with Bar Standards Board of England and Wales):
Jonathan Moffett


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