Vincent Fraser KC | Manchester, Leeds & Birmingham

Vincent is a leading practitioner in many aspects of Local Government Law, advising regularly on several areas which are closely associated with Vincent's other practice areas, including Education, Highways, and Licensing. Amongst other matters he has dealt with Byelaws and orders, Constitutional issues, Council finance including council Tax and domestic rating, Education, highways and public rights of way, ombudsman's powers and procedures, Road traffic regulations and Standards, conduct and probity of local government officials and boundary reviews.

Significant Reported Cases

Education

Vincent advises on wide range of education issues, including special needs, education reorganisation and finance.

Highways

Vincent regularly advises on and appears in cases involving highways and rights of way including litigation and footpath and rights of way inquiries. He has appeared in cases addressing the existence, extent and status of highways. He has regularly appeared in court and at inquiries addressing stopping up and diversion of highways. He has advised on and promoted traffic regulation orders at inquiry. He has appeared in arbitration addressing utilities in the highway.

Human Rights

Vincent advises on and appears in litigation addressing human rights.

Judicial Review

Vincent has extensive experience advising on and appearing in judicial reviews.

Local Government

Vincent deals with local authority powers, administration and finance.

Election law

Vincent has experience of boundary reviews, for example successfully representing Wirral BC at the review into the Merseyside constituencies.

Licensing

Vincent has extensive experience advising and appearing in licensing cases.

Ardagh Glass v Chester City Council [2010] EWCA Civ 172, [2009] EWHC 745 (Admin) [2009] Env. L. R. 34 - Planning, local government, environment - environmental impact assessment, industrial development, retrospective permission, unauthorised development, enforcement, planning permission, local authorities.

Barratt Development Plc v Wakefield MDC [2009] EWHC 3208 - planning, housing, local government - affordable housing, PPS 3, core strategy, planning policy, regional spatial strategies

Younger Homes (Northern) Ltd v First Secretary of State [2004] EWCA Civ [2005] Env. L. R. 12 [2005] 1 P&CR 14 - Planning, environment, local government - environmental impact assessment, planning permission, screening opinions, regulations, delegated authority, prejudice.

Kelly v Liverpool City Council [2003] EWCA Civ 197 [2003] 2 All ER 772 - Licensing, local government - fees, inspections, licences, local authority powers and duties, private hire vehicles, taxis.

R(Pryterch) v Conwy BC [2001] EWHC Admin 869 - Planning, human rights, environment, local government.

R(Barry) v Liverpool City Council [2001] EWCA Civ 384 (2001) LGLR 40 - Licensing, local government – entertainment licences, doormen registration scheme, power to charge.

Enterprise Inns Plc v SOSETR (2001) 81 P&CR 18 - Compulsory purchase, limitation, time for challenge, delay, local authorities powers and duties, conservation areas.

Hussain v Bradford City Council [2002] RVR 140 - Planning, compulsory purchase, compensation, commercial property, repairs, valuation

UK Waste Management Ltd v West Lancashire DC [1997] RTR 201 - road traffic regulation order, experimental waste restriction order, reasonable access to site, heavy goods vehicles.

R v Chorley BC ex parte Bound (1996) 28 HLR 791 - Housing benefits, review board, reasons.

Harrogate BC v Barker (1995) 159 JP 809, [1995] RVR 193 - community charge, debts, criminal procedure, powers to remit, limitation.

Ford v Burnley BC (1996) 160 JP 540, [1995] RA 205 - non domestic rates, occupancy, quarries.

Bradford City Council v Anderton 89 LGR 681 [1991] RA 45 – community charge, sole or main residence, ship incapable of being a residence.