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James Findlay QC

James Findlay QC

Recommended in both Legal 500 and Chambers UK for his work at the English Bar, James Findlay is described by Legal 500 (2009) as 'first rate' and and 'able to assimilate legal arguments which are open to debate in newly developing areas of law'. Chambers UK (2009) describes him as a 'skilful practitioner' who 'brings clarity and intelligibility' to all his cases. He is 'calm and assured in his presentation' and his 'gentlemanly touch in court ensures that he is always highly effective and a good choice for any authority seeking help'.

 

Professional Information: 

Year of Call (England & Wales): 1984
Year of Call (Scotland): 2008
Year of Silk (England & Wales): 2008
Devil Master: Mark S.H. Lindsay
Qualifications: MA (Cantab)


Biography:

James Findlay called to the Scottish Bar in November 2008 and has been a practising Barrister in England & Wales since 1984, taking silk in April 2008.  James specialises in local government, planning, environment, administrative and licensing law.

Since calling at the Scottish Bar, James has developed his Scottish practice both in the Court of Session and the Sheriff Court.  He successfully appeared for 3rd Party developers resisting Sainsbury's challenge to the Council's policy regarding supermarkets in Crieff and as Junior Counsel in the Inner House in a successful appeal on the interpretation of an option in a lease for North Lanarkshire Council.  That case is now on appeal to the Supreme Court, hearing due in early October 20010  He has also taken part in two Sheriff Court appeals led by Sir Menzies Campbell Q.C. arising from decisions of Licensing Boards relating to the sale of alcohol in shops on garage forecourts; one of these was successful and he is currently instructed on the appeal before the Inner House in respect of both of these (due in October 2010).

In terms of planning matters, he has appeared for Highland Council on a two week inquiry resisting a wind farm in Wick and in respect of a proposed quarry near Muir of Ord and for North Lanarkshire Council in an appeal concerning proposals for a large amount of employment land adjacent to the A8.  In January 2010 he appeared in the Outer House to bring a challenge against the Fife Structure Plan.

James has advised on various other planning matters, including advising Perth and Kinross Council in terms of an Incinerator application and has appeared at the PIM in respect of a superstore related appeal on the market site.  He has also advised on a number of other licensing cases, both liquor and taxis, and more generally on contractual and other matters.  He is a member of SPELG and has lectured as part of Terra Firma's lecture programme on Public procurement.

James is also a member of 2-3 Gray's Inn Square Chambers and has recommendations in the current editions of both Legal 500 and Chambers UK for his work at the English Bar.  In Legal 500 (September 2009) he is recognised as a leading practitioner in four areas, Administrative and Public Law (a ‘first-rate‘ recent silk), Environment Law, Planning Law and Licensing Law.  In Chambers and Partners 2009 he is noted as a leading silk in Local Government (with a diverse practice), Environment ("a key player") and Licensing work ("a charming and effective performer").  In Planning magazine 2008 survey he is included as leading planning silk. In UK Legal Experts 2009 he is highly recommended as a Silk under Environment as well as Administrative  and Public Law, inc. Judicial Review.

For further information on James' English practice, please click on the links below:


Publications:

  • When does a tree preservation order not protect? [2007] (Feb) JPL 194

  • Councillor beware! [2005] (Apr) JPL 419

  • Alconbury a year on: Article 6 challenges face stiff uphill struggle after Court of Appeal Begum and Adlard adopts a schematic approach? [2002] (Sept) JPL 1045

  • J Findlay and R Kohli, When does a tree preservation order protect [2008] JPL 615

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