Eric Owen

Eric has considerable experience in a wide range of advisory and litigation work and Plan-making in the sphere of Administrative and Public Law., including Local Government Law and Finance, Regulatory Law, Education , Ecclesiastical and Environmental Law. Eric represents clients in the private and the public sector.

Significant reported cases

Bury MBC –In 2015 Eric appeared for Bury MBC in the Fletcher Bank Public Inquiry which led to the first decision by the Secretary of State concerning an Anaeorobic Digestion (“ AD”) plant (APP/T4210/A/14/2224754); in connection with this appeal Eric visited the Tamar Energy AD site at Halstead Essex.

MWH v Wrexham CBC [2012] Court of Appeal ( claim for compensation following a ROMP.

Report for Warrington Council ( 2012 )- Eric reported on governance issues and made key recommendations to Warrington Council following an Ombudsman's report which had criticized the Council for destroying planning records.

Beazer Homes v Durham County Council [2011] Court of Appeal ( interpretation of Transfer in context of site development and highway law)

Croft Homes v Durham CC [2011] ( disclosure of documents in contractual procurement and a challenge leading to a re-run of a procurement ).

Rigby v Halton BC [2010] EWHC ( EIA Directive )

Bryan v UK Government ECHR ( article 6 Convention).

Eric has extensive experience of the Public Contracts Regulations. He is instructed by the public and the private sector and, acting for public authorities, he has succeeded in keeping many potential challenges out of court. Eric has represented clients from outside the EU who have been able to utilise the Utilities Directives and regulations. In addition Eric has advised regularly on state aid issues , including the impact of Brexit, again steering authorities successfully through various potential pitfalls and avoiding successful challenges.

Significant reported cases

Croft Homes v Durham CC [2011] (disclosure of documents in contractual procurement and a challenge leading to a re-run of a procurement).

Eric has appeared in many applications for judicial review and statutory challenges appearing for clients in both the private and public sectors. This work has covered an extensive range of challenges, including human rights, prisoners' rights, education and planning.

Significant reported cases

Williamson v Church in Wales (availability of judicial review in dispute with Church in Wales)

Rigby v Halton BC [2010] EWHC (EIA Directive)

Home Builders Federation v Stockport MBC (statutory challenge to development plan).

Eric has extensive experience advising on planning issues and conducting planning inquiries both for and against local planning authorities. In recent years he has appeared in a significant number of cases concerning listed buildings, gypsies and travellers, minerals, wind farms, and AD development.

Eric has appeared in many plan-making examinations including West Lancashire in 2014 (for United Utilities) and Bradford in 2016 (for the plan-making authority).
 

Significant reported cases

In 2015 Eric appeared for Bury MBC in the Fletcher Bank Public Inquiry which led to the first decision by the Secretary of State concerning an Anaeorobic Digestion (“ AD”) plant (APP/T4210/A/14/2224754); in connection with this appeal Eric visited the Tamar Energy AD site at Halstead Essex.

Bryan v UK, ECHR (article 6 European Convention Human Rights)