"His knowledge and experience of environmental law is unsurpassed, he is energetic and productive, and he has great charm."

― Legal 500 [2022]
Charles Morgan
Call: 1978

Charles Morgan’s principal areas of practice are environmental law and commercial property law. He has a particular interest in all areas of water and water industry law which has led to appearances in a huge variety of courts and tribunals all over England & Wales including the Magistrates Court, Government Inspectors, the County Court, the Crown Court, the Queen’s Bench Division, the Chancery Division, the Technology and Construction Court, the Administrative Court, the Court of Appeal, the House of Lords and the Supreme Court. He also has extensive experience of areas of waste law, in particular the WEEE régime (he has appeared in both of the only two reported cases). He is equally confident in addressing public law and private law issues, which often arise together in environmental disputes.

Whilst a member of the Attorney-General’s Regional Panel Charles represented the Environment Agency in numerous important regulatory appeals before government inspectors as well as advising upon all aspects of the Environment Agency’s functions in relation to the aqueous environment. He also represented a large number of other manifestations of central government, in particular Her Majesty’s Revenue & Customs in the VAT And Duties Tribunal. He has always acted for local authorities and continues to do so, mainly in relation to compulsory purchase and compensation cases and other areas of environmental and property law.

Charles’ earlier career provided a thorough grounding in many aspects of Chancery commercial work including building and engineering contracts, insolvency, banking, insurance and sale of goods which render him an unusually versatile practitioner capable of recognising, understanding and advising fully upon all aspects of the real-life multi-faceted situations which affect businesses, individuals and public bodies.

Charles has been since 1992 a Fellow of the Chartered Institute of Arbitrators and has extensive experience of commercial arbitration and mediation, particularly in the fields of construction/engineering and property law.

Leading Individual
chambers logo

Environment

  • Water and water industry law (see separate section below)
  • Waste regulation including WEEE
  • Contaminated land
  • Air pollution
  • Noise pollution
  • Statutory nuisances
  • Statutory charging, licensing and permitting régimes
  • Statutory appeals to the Secretary of State
  • Public inquiries
  • Prosecution and defence of environmental crime

Water & water industry

  • Statutory charging, licensing and permitting régimes
  • Statutory appeals to the Secretary of State
  • Water resources, abstraction and supply
  • Sewage and trade effluent disposal
  • Water pollution
  • Sewer flooding
  • Water escapes and leaks
  • Land drainage
  • Flooding and flood defence
  • Bridges, weirs, sluices, fish passes and similar structures in, over or under water
  • Rights in pipes and to supply or flow of water
  • Mooring and navigation rights

Commercial property

  • Easement
  • Restrictive covenants
  • Adverse possession
  • Boundary and neighbour disputes
  • Land registration
  • Compulsory purchase and compensation
  • Development agreements
  • Business tenancy renewal
  • Rent review
  • Dilapidations claims
  • Construction of lease terms
  • Rights in pipes and cables
  • Commercial arbitrations and mediations

Recommendations

"His knowledge and experience of environmental law is unsurpassed, he is energetic and productive, and he has great charm."

― Legal 500 [2022]

"He really knows his stuff on the Water Act. He is very responsive and helpful on tricky water supply issues."

― Chambers UK Bar Guide [2022]

"He is very, very sharp and accessible, and has a crystalline mind.”

― Chambers UK Bar Guide [2018]

"The reference brain for water regulatory work, while practical and superb to work with."

― Legal 500 [2017]

"He brings natural enthusiasm to projects and cases. He is a very solid professional who communicates well, is an excellent technician and has an excellent brain."

"He is an expert in water and drainage law. A great man for attention to detail and he really gets to the bottom of arguments."

― Chambers UK Bar Guide [2017]

“An expert in water issues; he has great enthusiasm for the subject and is one of the leading juniors in this area.”

― Legal 500 [2016]

"Charles Morgan is known for his “intricate knowledge” of water industry law. He also advises clients on cases regarding contaminated land, noise pollution and statutory nuisances."

― Who’s Who Legal UK Bar [2016]

"He is very thorough and has excellent technical knowledge. A determined advocate."

"Very experienced and very knowledgeable."

― Chambers UK Bar Guide [2016]

"...Charles Morgan, whose work relating to water resources, land restoration and aftercare, flood defence and contaminated land offers him a ‘formidable reputation’."

― Who’s Who Legal UK Bar [2015]

"...capable of producing a phenomenal standard of work and advice."

― Chambers UK Bar Guide [2011]
Leading Individual
chambers logo

Education

  • MA (Clare College, Cambridge)
  • JJ Powell Prizewinner (Middle Temple)
  • Fellow of the Chartered Institute of Arbitrators

Publications

  • Property Insolvency Butterworths, March 2015 Author of chapter on “Environmental Liabilities”
  • “The fallout from the falling-out over the outfalls. The Manchester Ship Canal decision in the Supreme Court”(2014) 24 Water Law 15 (republished in UKELA e-law November/December 2014 issue #85)
  • “The Right to Connect to A Public Sewer – A Moot Point.The Barratt Homes Decision in the Supreme Court”(2009) 20 Water Law 28
  • “The Year’s Hottest Cases Reviewed – Part 3 – Water – Sewerage – Pollution” (distilled content of lecture delivered to UKELA 2009 Annual Conference at Durham) (2009) 21 ELM 230

Notable Cases

  • Environment Agency v Dugbo and Jordan (2016) unreported (Crown Court at Leeds) – successful defence of the former director of a waste recycling company following a 7 week trial for alleged conspiracy to defraud producer compliance schemes by the large-scale production of false WEEE evidence notes and supporting documentation; co-accused received on conviction the longest sentence for environmental crime ever secured by the Environment Agency (7½ years). Specialist junior counsel on the regulatory and corporate aspects. Per His Honour Judge Neil Clark in his sentencing remarks: “What I found really amazing was the amount and complexity of the false paperwork. The scale of the investigation here was enormous.
  • The Manchester Ship Canal Company Ltd. v United Utilities Water plc (Middle Level Commissioners and others intervening) [2014] UKSC 40; [2014] 1 WLR 2576 (Supreme Court) – existence and extent of implied rights of discharge into private watercourses for sewerage undertakers following privatisation of the water industry in 1989. Leading counsel for the Middle Level Commissioners (a statutory water level management organisation and internal drainage board) as interveners.
  • Electrical Waste Recycling Group Ltd. and City Electrical Factors Ltd. v Philips Electronics UK Ltd. and others [2010] EWHC 2064 (Ch); [2011] PTSR D5 – WEEE Directive and Regulations – compliance schemes – nature of producers’ obligation to finance the cost of collection and recovery of their waste products – scope of Directive entitlement to “conclude agreements stipulating other financing methods” – whether UK Regulations properly implemented the Directive in this respect. Other interlocutory proceedings are also reported at [2011] EWHC 3747 (Ch) and [2012] EWHC 38 (Ch).
  • R (oao REPIC Ltd.) v Secretary of State for Business, Innovation and Skills and Environment Agency [2009] EWHC 2015 (Admin); [2010] Env LR 24; [2010] PTSR 550 (Administrative Court) WEEE Directive and WEEE Regulations 2006 – whether Regulations properly implemented Directive – whether Environment Agency obliged to enforce Regulations – construction of Regulations. Acted for a compliance scheme as an interested party.
  • Graham v Council of the City of Newcastle upon Tyne [2009] UKUT 281 (LC) (Upper Tribunal, Lands Chamber) – compulsory purchase – acquisition to assist supermarket site assembly within an inner urban ‘Action Area’ – character of ‘no scheme world’ – Pointe Gourde principle
  • United Utilities Water plc and others v Environment Agency (2008) (Government Inspector) – statutory appeals under the Water Resources Act 1991 by six sewerage undertakers in 2008 following the final determination of c.4000 “deemed consents” granted on privatisation of the water industry in 1989
  • United Utilities Water plc and others v Environment Agency (2007) (Government Inspector) -test appeals under the Water Resources Act 1991 against conditions imposed by the Environment Agency upon discharge consents relating to wastewater treatment works in implementation of the Dangerous Substances Directive
  • United Utilities Water plc and others v Environment Agency (2007) (Government Inspector) -test appeals under the Water Resources Act 1991 against conditions imposed by the Environment Agency upon discharge consents relating to combined sewer overflows in implementation of the Urban Waste Water Treatment Directive.
  • United Utilities Water plc and others v Environment Agency (2007) (Government Inspector) – test appeals under the Water Resources Act 1991 against conditions imposed by the Environment Agency upon discharge consents relating to combined sewer overflows in implementation of the Bathing Water Directive
  • Yorkshire Water Services Ltd. v Environment Agency (2006) (Government Inspector) – test appeals under the Water Resources Act 1991 against conditions imposed by the Environment Agency upon discharge consents relating to combined sewer overflows with pumped offline storage
  • Poon v Bon Appettito Ltd. (2005) Lawtel LTL 27/1/2005 L. & T. Review 2005, 9(3), 75-78 (Newcastle County Court, Judge Behrens) – ‘management agreement’ between tenant of a restaurant and occupier – whether in substance an unlawful sub-tenancy – whether remediable breach – whether relief from forfeiture should be granted. Despite its humble origins and obscurity, described by Mark Pawlowski in L. & T. Review 2006, 10(1), 19-22 as “an important county court ruling”.
  • Yorkshire Water Services Ltd. v Environment Agency (2002) (Government Inspector) – appeal under the Water Resources Act 1991in respect of the first UK licensing by the Environment Agency of an aquifer storage and recovery scheme for public water supply
  • Roberts v Howlett [2002] 1 P&CR 19 (p.234) (Ch.D.) – construction of restrictive covenant to use premises only as a single private dwellinghouse – letting to students for profit – whether breach of covenant
  • Environment Agency v R Newcomb & Sons Ltd. [2002] EWHC 2095 (Admin); [2003] Env LR 12 (p.288) (Administrative Court) – Environmental Protection Act 1990 section 33 – offence of deposit of controlled waste – construction and scope of exemption contained in paragraph 19 of Schedule 3 to the Waste Management Licensing Regulations 1994 – incidence of burden of proof of availability of exemption
  • Public inquiry into applications by Northumbrian Water Ltd. for consent to make discharges into the North Sea at Sunderland (2001) (Government Inspector) – representation of the Environment Agency at an ad hoc inquiry ordered by the Secretary of State into the adequacy of the proposed new sewerage system for Sunderland following public concern over the likely frequency and quantity of storm discharges from combined sewer overflows
  • Colvin v Watson [2001] PLSCS 130 (Ch.D.) – construction of restrictive covenants binding a residential estate – covenant against building on less than quarter of an acre – criteria for determining area of plot – extent of power of estate committee to withhold consent to development
  • Duffy v Newcastle United Football Co. Ltd. (2000) “The Independent” 7 July (Court of Appeal) – the “Save Our Seats” litigation – construction of “bond” entitling holder to seat in stadium – redevelopment of stadium – circumstances in which seat could be changed – Unfair Contract Terms Act 1977
  • Royal Insurance Property Services Ltd. v Cliffway Ltd. [1996] EGCS 189 (Ch.D) – construction of rent review clause – whether clause permitted downward review – whether tenant entitled to initiate a review
  • National Rivers Authority v The Newcastle and Gateshead Water Company [1991] RVR 48 (House of Lords) – legality of charging scheme for water abstraction licences

 

Latest news

26th June 2022

Environmental and Health & Safety Regulatory Issues in Arbitration Webinar

Six Pump Court Chambers will be hosting a webinar on international arbitration webinar next month.

11th May 2022

Six Pump Court barristers ranked in Who’s Who Legal UK Bar 2022

Members of Chambers have been recognised in the new 2022 edition of Who’s Who Legal (WWL) UK Bar rankings.

18th June 2021

UKELA Conference 14 -18 June

On 14th -18th June the UKELA conference will take place and we are delighted to be one of the sponsors once again.

16th March 2018

Chambers UK Guide to Environmental Law 2018

The Chambers UK Guide to Environmental Law 2018 was published this week. The Guide has been written by members of the Six Pump Court Environmental Law Team.

17th November 2017

Environmental Law Practice Guide 2018: UK Chapter written by Six Pump Court

The Chambers & Partners Environmental Law Global Practice Guide 2018 is now available online. The UK chapter has been written by Six Pump Court barristers

9th October 2017

Regulatory and Planning Law Conference 2017 (Leeds)

Six Pump Court presents a Regulatory and Planning Law Conference to be held on 20th November in Leeds.

11th July 2017

The use of cost benefit analysis in environmental regulation

In a recent article for the Journal of Water Law, Charles Morgan addresses the challenges of cost-benefit analysis in the context of environmental regulation and private nuisance claims.

16th May 2017

Flood Defence and Pollution Control: Statutory Powers and Compensation

Six Pump Court presents the second in our series of environmental and public law seminars to be held this year: Flood Defence and Pollution...

1st November 2016

Six Pump Court welcomes new Environmental Law specialist Charles Morgan

Chambers is pleased to welcome Charles Morgan to the Planning & Environmental Law team at Six Pump Court. Charles’ principal areas of practice are...

Events

13th July 2022

Environmental and Health & Safety Regulatory Issues in Arbitration Webinar

The webinar - entitled - Environmental and Health & Safety Regulatory Issues in Arbitration Webinar will take place on Wednesday 13th July 4-6pm

14th June 2021

UKELA Conference 14 -18 June

We are delighted to be one of the sponsors once again at this year's event. Members of Six Pump Court will be taking part and presenting some of the sessions.

17th June 2020

Webinar: Piercing the Corporate Veil: the Principle of ‘Separate Legal Personality’

Six Pump Court Chambers is delighted to be able to host a re-run of our very popular ‘Piercing the Corporate Veil’ seminar as part of our series of 2020 webinars.

20th March 2019

Piercing the Corporate Veil: The Principle of ‘Separate Legal Personality’

Six Pump Court presents the third in our series of Environmental Law Seminars to be held this year.

28th February 2019

Company Directors and Environmental Responsibilities

Six Pump Court presents the second in our series of Environmental Law Seminars to be held this year.

13th November 2018

Litigation and Dispute Resolution Annual Conference 2018

Kent Law Society together with Six Pump Court are hosting the Litigation and Dispute Resolution Annual Conference 2018 which will take place on Tuesday 13th November in Rochester.

Blog

16th February 2022

Environmental Law News Update: Feb 16, 2022

In this latest Environmental Law News Update, William Upton QC, Charles Morgan and Christopher Badger consider the UK's national reporting requirements for disclosure of climate change risks, a European study of the impact of Brexit on fisheries and aquaculture and an interesting decision on water rights in Mauritius.

16th July 2021

Environmental Law News Update

In this latest Environmental Law News Update, William Upton QC and Charles Morgan consider consider a case concerning the consensual disposal of judicial review proceedings, developments near COMAH sites, the Southern Water saga and announce a new book on flood claims.

15th June 2021

Environmental Law News Update

In this latest Environmental Law News Update, William Upton QC, Charles Morgan and Natasha Hausdorff consider lawful development certificates, the Environment Agency's National Waste Crime Agency and the dangers of sewage sludge.

25th January 2021

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Nicholas Ostrowski and Mark Davies consider disputes over riparian rights and related land drainage issues, more public interest litigation from environmental groups and charities and the news that the US will re-join the Paris Agreement.

11th January 2021

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Nicholas Ostrowski consider some environmental predictions for 2021, whether an Environmental Impact Assessment should consider ‘indirect’ emissions and a further case dealing with the complexities of assessing bathing water quality.

2nd November 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Christopher Badger consider the NCC’s Final Response to the 25 Year Environment Plan Progress Report, the legal arrangements between water companies and local authorities for payment for the supply of mains water to tenants, and funding shortages – the effect on the Environment Agency, inspection, enforcement, end-of-waste and the new Office for Environmental Protection.

23rd October 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and William McBarnet consider amendments to the Environment Bill, sludge disposal regulation and government commitments to a more comprehensive Net Zero Strategy.

14th October 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider the new Sewage (Inland Waters) Bill 2019-21, proposed regulations on ecodesign requirements for household appliances and refrigeration and the launch of the Green Homes Grant scheme.

17th July 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan and Mark Davies consider ongoing worries over water supply, delays to the planned incorporation of sewage sludge use within permitting regulations and plans to ‘build back greener’ after the lockdown.

8th July 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider the extent of overflows from the sewerage system, the assessment of waste within the Transfrontier Shipment Regulations and new legislation making e-scooters legal.

24th June 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider the effectiveness of the Bathing Water Directive, the UK Citizens Climate Assembly's efforts to explore how the UK can achieve net-zero greenhouse gas emissions by 2050 and further caselaw on Aarhus costs capping orders in judicial review.

16th June 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider mustard gas dumped in a Nottinghamshire lake, a challenge to the Department for Transport’s ‘Road Investment Strategy 2’ and COVID-19 waste in the seas and on the beaches.

9th June 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and William McBarnet consider whether a green industrial revolution is on the horizon, another case dealing with the treatment of waste material on shipment and a useful report on the economic regulation of the water industry in England and Wales.

2nd June 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Nicholas Ostrowski and William McBarnet consider development consent orders for nationally significant infrastructure projects, further clarification of the circumstances in which an Environmental Impact Assessment (‘EIA’) will be required and the practical ability of the water industry to react to supply shortages.

1st May 2020

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Christopher Badger, and Natasha Hausdorff consider the refusal of the High Court for a judicial review of the HS2 decision, the Supreme Court's judgment on the proper ambit for “ESG” considerations in relation to public pension schemes, and the powers of the Environment Agency regarding 'fish passes'.

18th December 2019

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Gordon Wignall assess our blog predictions made back in January, the progress of the European Green Deal and this year's selection of Christmas songs for environmental lawyers.

6th August 2019

Environmental Law News Update

In this latest Environmental Law News Update, Nicholas Ostrowski, Charles Morgan and Mark Davies consider a new ECJ case dealing with questions about the meaning of waste, record fines in water pollution cases and the power of corporate law in the environmental sphere.

26th June 2019

Environmental Law News Update

In this latest Environmental Law News Update, Christopher Badger considers the decision by Ofwat to impose a financial penalty on Southern Water for failings in the performance of its wastewater operations, the imposition of over £3.7 million of civil sanctions on charitable organisations for environmental offences and further developments in the Manchester Ship Canal case.

11th June 2019

Environmental Law News Update

In this latest Environmental Law News Update, Charles Morgan and Christopher Badger consider prison sentences for serial flytippers, objections to the new Rivers Authorities Bill and further detail surrounding the new Environment Bill and the Joint Unit for Waste Crime.

8th May 2019

Environmental Law News Update

In this latest Environmental Law News Update, William Upton QC, Charles Morgan and Mark Davies consider the recent confusion over licensing exemptions for wild birds, Labour's proposals for the water industry and the decline in nature and acceleration of species extinction highlighted in a report from the IPBES.

Contact my clerks

Ryan Barrow

Ryan Barrow

First Junior Clerk