Clive Newberry QC - Regulatory & Licensing
In addition to a successful planning & environment law practice, Clive had experience of defending in a broad range of regulatory and compliance work. Examples include:
Acted on behalf of a student at a major public school who had been expelled under the school rules after supplying a drug to another pupil but off the school premises. At an oral hearing before the Governors, Clive advanced and argument of previous good character and other mitigating circumstances and persuaded the Governors to overturn the Headmaster’s decision and reinstate the pupil.
Removal of a Civil Order
The client (who was a lawyer) had been declared a vexatious litigant and was prevented from instigating proceedings in a personal capacity without leave of the court. The client’s governing Inn of Court, later wrote to the client to the effect that having been declared a vexatious litigant was conduct unbecoming a barrister and imposed a penalty of disbarment. The client had never been in breach of the order and Clive successfully argued for the removal of the Order.
Abuse of Process
The client acquired a property which when demolished would provide access to a large development site at the rear of the property. The proper conveyancing procedures were carried out including a local search that was clear in the context of tree preservation orders (TPO). The client served a notice of intended demolition and demolished the property and removed a number of trees. The local authority then issued proceedings for unlawful demolition and felling a tree that was subject to a TPO. Clive argued that the action of the local authority prevented the client from knowing that he would be committing a criminal offence and the court ordered that since the search had not revealed the existence of a TPO, it was an abuse of the process to prosecute the client. The LPA withdrew the summons relating to the alleged failure to serve notice of intended demolition.
Health & Safety
Clive acted for a waste collection operator in Brighton. During the early morning run, the dustcart reversed into a cul de sac. During this manoeuvre, a pedestrian was killed. The company’s officer in charge of training drivers was acquitted.
Breach of Condition Notice
Many local authorities by condition a requirement for developers to enter into construction and or traffic management agreements. Clive is currently defending a development company which is being prosecuted under the terms of a breach of condition notice. This has involved advising on the terms of the management agreement as well as advising on the statutory defence. The trial is set down for later this year.
Member of Planning and Environment Bar Association and the Administrative Law Bar Association
Fellow of the Royal Society of Arts
Fellow of the Society for Advanced Legal Studies
Formerly a member of the design committee for RIBA
Sits as an Immigration Judge
Formerly a solicitor of the Supreme Court
‘He looks outside the box for solutions and is excellent on his feet.’
Legal 500, 2016
‘Experienced in appeal inquiries and High Court planning matters.’
Legal 500, 2015