Dr Michael J Bowes

Water Law

Dr Michael Bowes is recognised nationally as a leading water and utilities barrister, with substantial expertise in the legal, regulatory and operational framework governing the water industry in England and Wales. His specialist practice has led to frequent invitations to speak at industry, professional and academic forums on water regulation, infrastructure delivery and environmental compliance.

He holds advanced postgraduate qualifications in the field, including a Doctorate (in Water Law) awarded by Cornell University as a Rotary Merit Scholar, and he achieved first-in-year performance in Water Law during his Cornell Master’s studies. He also obtained a Distinction (A+) for his Cambridge Master’s dissertation, which addressed water-sector legal issues and sustainability within the regulated industry.

Prior to being called to the Bar, Dr Bowes practised for approximately a decade as a solicitor in leading international firms including BCLP and Eversheds Sutherland, advising on complex water-sector matters at national scale. His experience spans both contentious and advisory work at the intersection of statutory utilities regulation, environmental law, infrastructure delivery and public law, with particular emphasis on the Water Industry Act 1991 and associated regulatory regimes. He is routinely instructed in matters concerning the lawful operation and protection of water and sewerage networks, the interaction between statutory undertakers’ powers and private rights, and the management of complex multi-party disputes involving undertakers, landowners, developers and public bodies. His expertise also extends to the commercial and competition dimensions frequently arising in the regulated water market.

Dr Bowes has extensive experience advising major water undertakings on high-value and sensitive matters concerning critical national infrastructure, including the protection of strategic drinking-water sources serving very large consumer populations. This includes advice on contamination risk, emergency supply continuity, regulatory exposure and asset resilience, and the design of interventions intended to prevent or mitigate incidents with potentially significant public health and enforcement consequences. His work frequently requires detailed statutory interpretation, application of regulatory codes and industry guidance, and the deployment of evidence-led strategy across multidisciplinary technical material, including hydrogeology, engineering and environmental science.

His expertise is further distinguished by senior-level utilities sector experience, including previous roles advising at board and senior management level on complex regulatory and operational issues. In that capacity, he advised on matters including asset protection, environmental compliance, competition and market regulation, SuDS, waterway and sewer determinations, illegal connections and misconnection issues, works powers, street works interfaces, charges schemes, and engagement with regulatory investigations and stakeholder scrutiny (including Ofwat). This combination of specialist advocacy, technical regulatory competence and practical industry insight enables him to deliver advice that is both legally rigorous and operationally effective for regulated undertakings.

Alongside practice, Dr Bowes is a nationally recognised academic contributor in water law and utilities regulation. He is an editor of the Journal of Water Law and a leading contributor to LexisNexis and Butterworths Planning Encyclopaedia, with a substantial body of specialist publications addressing flooding, drainage, reservoirs, trade effluent, enforcement and water-sector reform. His published doctoral and master’s research further evidences depth of expertise in commercial utilities regulation and sustainability in the English water industry.

Planning

Dr Michael Bowes is recognised as a leading planning and infrastructure barrister, with particular expertise in nationally significant consenting regimes, including Developments of National Significance (DNS) and Nationally Significant Infrastructure Projects (NSIPs) to include Development Consent Orders. His practice focuses on complex planning and environmental decision-making for major infrastructure and energy development, where statutory policy frameworks, ecological constraints, technical evidence and public law principles converge. He accepts planning instructions from developers, local authorities and community groups, and he aims to undertake approximately 20% of his work on a part pro bono basis where appropriate in the public interest. His planning work ranges from discrete advisory instructions on policy, conditions and enforcement through to advocacy and strategic leadership in nationally significant proceedings and major infrastructure programmes.

In the past twelve months alone, Dr Bowes has been instructed as lead counsel in four nationally significant infrastructure matters, including three DNS schemes, reflecting a practice at the forefront of planning policy development in Wales and the wider United Kingdom. His work in this field is distinguished by his ability to manage and deploy large, multidisciplinary evidence bases, including ecological, hydrological, landscape and engineering material, and to translate complex technical evidence into clear legal submissions capable of securing refusal, amendment or robust mitigation of nationally significant proposals.

A flagship example is his role as counsel at the Hearing in opposition to the Craig Y Perthi Solar Farm (DNS/3279787), a proposed 600-acre solar development within the Gwent Levels SSSI. Following extensive contested proceedings, the Inspector and Welsh Ministers refused the scheme. The decision confirmed, in emphatic terms, the strict policy prohibition on development within SSSIs under Planning Policy Wales paragraph 6.4.25, save where intrinsically necessary for the management of the designation, and rejected the contention that wholly exceptional circumstances existed. The refusal stands as a leading national authority in Wales on ecological protection, the stepwise approach, and the limits of renewable energy policy where statutory environmental safeguards are engaged.

Dr Bowes is also instructed in further high-profile DNS matters within the Gwent Levels, including the Wentlooge Renewable Energy Hub (DNS/3216558), in which he appeared as sole counsel opposing a 318-acre solar proposal located wholly within a nationally designated SSSI, raising significant questions as to the precautionary principle, the adequacy of biodiversity assessment, and the correct application of the statutory threshold for wholly exceptional circumstances. He is further instructed by the Gwent Wildlife Trust in the forthcoming Rush Wall Solar Farm DNS, a scheme engaging complex issues of hydrological disturbance to sensitive reen and wetland systems, protected species impacts, and cumulative interaction with other large-scale energy proposals.

His planning expertise is underpinned by prior senior solicitor leadership of nationally significant infrastructure work. Whilst at Eversheds Sutherland, he led the legal team responsible for Thames Water’s Nationally Significant Infrastructure Projects, including Development Consent Order (DCO) and Transport and Works Act Order (TWAO) related work, providing strategic and technically rigorous advice on the consenting and asset-protection interface between statutory undertaker operations and national infrastructure delivery. This background provides a distinctive depth of insight into the practical operation of major infrastructure consenting and the evidential and procedural demands of large-scale planning regimes.

Dr Bowes has unique experience to combine his knowledge of planning with utilities and commercial law which often interweave, but are often treated as separate.

In addition to advocacy, Dr Bowes provides detailed strategic advice in relation to general planning queries from a local to a national level.

Dr Bowes also has substantial inquiry and appeal experience beyond DNS/NSIP regimes. He was recently instructed in the Dorchester Court Redevelopment Inquiry (APP/N5660/W/24/3356597; APP/N5660/Y/24/3356876), acting for the Dorchester Court Residents Association in resisting extensive redevelopment proposals affecting an iconic Grade II Art Deco estate in Herne Hill. The inquiry raised issues of national interest concerning the preservation of listed buildings, the protection of established residential communities, the structural consequences of rooftop expansion, and the safeguarding of historic architectural form, and attracted significant public attention.

Environment

Dr Michael Bowes is recognised nationally as a leading environmental, water and utilities barrister, with substantial expertise in the legal, regulatory and operational frameworks governing environmental compliance and critical infrastructure in England and Wales. His practice sits at the intersection of environmental regulation, statutory utilities, infrastructure delivery and public law, and he is regularly instructed on matters involving pollution risk, regulatory enforcement, environmental permitting and the protection of sensitive receptors including drinking-water sources and designated ecological sites. His specialist practice has led to frequent invitations to speak at industry, professional and academic forums on water regulation, infrastructure delivery and environmental compliance. 

He holds advanced postgraduate qualifications in the field, including a Doctorate awarded by Cornell University as a Rotary Merit Scholar, with academic distinction in Water Law during his Cornell Master’s studies, and a Cambridge Master’s dissertation awarded Distinction (A+) addressing sustainability and regulatory challenges within the regulated utilities sector. This academic foundation informs a practice characterised by rigorous statutory interpretation, careful evidential method, and an ability to navigate complex technical frameworks that are frequently determinative in environmental disputes and regulatory investigations. 

Prior to being called to the Bar, Dr Bowes practised for approximately a decade as a solicitor in leading international firms including BCLP and Eversheds Sutherland, advising on complex national-scale matters for major undertakings operating within tightly regulated environmental and infrastructure frameworks. His experience spans both contentious and advisory work concerning environmental law compliance, statutory duties, and the interface between infrastructure operations and environmental constraints. He is routinely instructed in disputes involving the lawful operation and protection of water and sewerage networks, contamination and pollution risk, and the interaction between statutory powers and private rights, including matters engaging regulators, landowners, developers, public authorities and affected communities. His expertise also extends to the commercial and competition dimensions that frequently arise in regulated environmental markets. 

Dr Bowes has extensive experience advising major undertakings on high-value and sensitive matters concerning critical national infrastructure, including the protection of strategic drinking-water sources serving very large consumer populations. This includes advice on contamination risk, emergency supply continuity, environmental enforcement exposure, asset resilience, and the design of interventions intended to prevent, mitigate or respond to incidents with potentially significant public health and regulatory consequences. His work frequently requires detailed statutory interpretation, application of regulatory codes and guidance, and the deployment of evidence-led strategy across multidisciplinary technical material, including hydrogeology, engineering and environmental science. 

His environmental practice also encompasses waste-related regulatory issues, including the management of waste risk within infrastructure operations, the interface between waste activity and environmental permitting controls, and the prevention of unlawful discharges and mismanagement affecting land and controlled waters. In practice, this often requires strategic handling of enforcement risk, remediation pathways, stakeholder engagement, and the management of complex evidential material, including expert input on pathways, receptors and causation. Dr Bowes is particularly well placed to advise where environmental compliance and operational continuity must be secured simultaneously under intense regulatory scrutiny. 

His expertise is further distinguished by senior-level utilities sector experience, including previous roles advising at board and senior management level on complex regulatory and operational issues. In that capacity, he advised on matters including asset protection, environmental compliance, market regulation, SuDS, waterway and sewer determinations, illegal connections and misconnection issues, works powers, street works interfaces, charges schemes, and engagement with regulatory investigations and stakeholder scrutiny (including Ofwat). This combination of specialist advocacy, technical regulatory competence and practical industry insight enables him to deliver advice that is both legally rigorous and operationally effective for regulated undertakings facing environmental risk. 

Alongside practice, Dr Bowes is a nationally recognised academic contributor in water law and utilities regulation, with strong and sustained publication output addressing environmental themes including flooding, drainage, reservoirs, trade effluent, enforcement and sector reform. He is an editor of the Journal of Water Law and a leading contributor to LexisNexis and Butterworths Planning Encyclopaedia. His published doctoral and master’s research further evidences depth of expertise in commercial utilities regulation and sustainability, reinforcing his reputation as counsel who combines authoritative doctrinal knowledge with practical, outcome-focused regulatory and environmental expertise.

Utilities and Energy

Dr Michael Bowes is recognised nationally as a leading utilities and energy barrister with substantial expertise across the legal, regulatory and operational frameworks governing regulated markets in England and Wales. His practice spans the full breadth of statutory utilities and energy provision, and he is regularly instructed in matters involving water, electricity, gas and wider energy supply chains, including renewables and solar infrastructure. He is known for combining technically rigorous regulatory advice with commercially realistic strategy, and for delivering clear advocacy and advisory support in matters where operational continuity, regulatory compliance and market-facing obligations must be managed simultaneously. 

Dr Bowes’ expertise encompasses both contentious and non-contentious work across the utilities and energy sectors, including disputes and advisory instructions arising from regulatory enforcement, infrastructure delivery, asset protection, statutory powers, consumer and operational obligations, and complex contractual and commercial frameworks. He is frequently instructed in cases involving metering and supply arrangements, regulated charging structures, and the governance of utility-provider relationships, where accurate statutory interpretation must be deployed alongside a detailed understanding of the market structures within which undertakings operate. 

A central strength of Dr Bowes’ practice is his ability to operate across the entirety of the regulated utilities landscape, advising both utilities undertakings and those who interact with them (including developers, landowners, public bodies and commercial counterparties). His experience in the water sector is substantial and long-standing, including advice on water and sewerage networks, drinking-water asset protection, contamination risk, supply continuity and regulatory exposure. That deep technical foundation translates directly into his broader energy practice, particularly where infrastructure, environmental constraints, planning regimes and enforcement risk converge in high-value, time-critical disputes. 

Dr Bowes’ utilities and energy work is underpinned by extensive senior solicitor experience within leading international firms, where he advised at senior management level on operational and strategic matters affecting regulated undertakings. He has particular experience in the management of complex and confidential regulatory cases, and in the coordination of large evidence bases involving engineering, operational and technical material. This enables him to advise effectively on matters involving system resilience, network protection, cross-utility interface disputes, and national-scale infrastructure programmes. 

His expertise is further distinguished by strong competence in commercial and competition law as applied to regulated markets. He is regularly instructed on issues involving market conduct, competition consistency, and the avoidance of abuse of dominance and related regulatory risk, as well as the commercial frameworks that underpin utility and energy operations. This combination of regulatory, commercial and competition expertise enables him to advise with particular authority in markets where the legal landscape is shaped not only by statutory duties and codes, but also by market mechanisms, commercial incentives, and evolving regulatory enforcement expectations. 

Alongside practice, Dr Bowes is an established academic contributor in utilities regulation and related areas, and is widely recognised for his ability to address complex regulatory and market issues with clarity and precision. He is known for a collegiate, constructive and diligent approach, and for providing clients with advice that is technically robust, strategically sound, and tailored to the realities of regulated utility and energy provision. 

Competition

Dr Michael Bowes is a specialist competition and regulatory barrister with substantial expertise in the application of competition law within regulated utilities and natural monopoly markets. He is regularly instructed on competition issues arising in sectors where statutory duties, economic regulation and commercial decision-making operate in close tension, and where competition compliance must be addressed as an integral component of operational and strategic advice. His practice includes advising on dominance-related risk, the avoidance of abusive or exclusionary conduct, competition-consistent commercial structuring, and the management of regulatory exposure in markets characterised by essential infrastructure and constrained consumer choice. 

Dr Bowes’ competition expertise is distinguished by its strong practical grounding in regulated utilities. Prior to being called to the Bar, he practised as a senior solicitor and regulatory specialist within leading international firms, advising major utility undertakings at senior management level on complex regulatory matters in which competition considerations were frequently determinative of lawful corporate action. He delivered specialist training to utilities companies and professional teams on competition law and current regulatory developments, ensuring that competition compliance was embedded into decision-making across operational, commercial and strategic functions. 

Dr Bowes is particularly well placed to advise in the utilities context because he understands that competition law in these sectors is not merely a separate compliance consideration to be checked at the end of a transaction or strategy. Rather, it must be built into the substance of advice from the outset, shaping contractual structures, market engagement, charging approaches, procurement interfaces and customer-facing conduct. His approach therefore treats competition as a core operational and strategic requirement for regulated undertakings, enabling clients to operate confidently within highly scrutinised markets whilst remaining commercially effective and resilient against regulatory investigation and challenge.

Commercial

Dr Michael Bowes has a substantial commercial practice, advising across a wide range of business and contractual matters both within and beyond the regulated utilities sector. He is regularly instructed in commercial disputes and advisory work involving complex contractual frameworks, risk allocation, governance arrangements, performance and termination issues, and the negotiation and interpretation of high-value commercial agreements. His work is characterised by an ability to identify and resolve the legal issues which drive commercial outcomes, and to provide advice that is clear, decisive and tailored to the operational realities of large organisations.

His commercial expertise is supported by significant senior legal experience advising major undertakings at a strategic level, including the provision of advice which frequently determined corporate action in complex and high-stakes matters. He is experienced in working with multidisciplinary teams and senior stakeholders, and in managing sophisticated evidence bases and contractual structures where legal risk, reputational exposure and business continuity must be considered together.

Dr Bowes’ commercial capability is further reinforced by academic and teaching experience: he has taught Commercial Law at university level, covering core business law disciplines including contracts, corporate structures and commercial transactions. This doctrinal foundation, combined with extensive practical experience, enables him to provide commercially astute advice which integrates legal analysis with strategic and operational considerations. He is therefore well placed to support clients not only in achieving legally robust outcomes, but also in advancing their wider commercial objectives in a proportionate and effective manner.

Education

Dr of Law (JSD)
2014 Cornell University
Rotary Scholarship Awarded (Merit Based)

Master of Studies (MSt)
2017 University of Cambridge (Judge)
A+ Dissertation

Master of Laws (LLM)
2009 Cornell University
Top in year Water Law (and others)
5 Distinctions Awarded

Diploma in Scots Law (GDL / DipLP)
2005 University of Glasgow
(Studied simultaneously with – Diploma in English Law (GDL)

Diploma in English Law (GDL)
2005 Nottingham Law School
(Studied simultaneously with – Diploma in Scots Law (GDL / DipLP)

Bachelor of Laws (LLB) (Hons)
2004 University of Glasgow
Honours Awarded
(Law Society President – 2 Years)

Publications

Academic Publications

Dr Bowes has an extensive and nationally recognised academic output across utilities regulation, water law, environmental law and planning.

He has produced a substantial suite of authoritative materials for LexisNexis and has updated multiple sections of the Butterworths Planning Encyclopaedia, alongside maintaining a strong peer reviewed publication record in leading journals.

His work is relied upon by practitioners across the United Kingdom and reflects the depth of his expertise.

He is often asked as a guest speaker by a variety of legal, commercial and academic institutions.

Below are publications for 2025/2026 – a full list of publications can be provided on request.

LexisNexis Academic Publications (Utilities and Water) 2025/2026

Environmental permitting: flood risk activities
Flood management and drainage: flood defences
Flood management and drainage: internal drainage boards
Flood management and drainage: landowner rights and responsibilities
Flood reinsurance: the Flood Re scheme
Flooding: flood risk and development
Flooding: issues in banking and finance
Flooding: issues in corporate (private M&A) transactions
Flooding: issues in property transactions
Land Drainage Act 1991: snapshot
Reservoir registration
Trade effluent consents and agreements: applications
Trade effluent consents and agreements: compliance
Trade effluent consents and agreements: when are they required?

Butterworths Planning Encyclopaedia (Planning and Infrastructure) 2025/2026
Section 2 – The Power to Commence Enforcement Action
Section 5 – The Enforcement Report
Section 13 – The Secretary of State’s Powers on Appeal
Section 17 – Crown Land
Section 19 – Certificates of Lawful Use or Development

LexisNexis Specialist Articles 2025/2026
Commentary on the Water (Special Measures) Act 2025: Policy Statement
Review of the water sector: Independent Water Commission Final Report
The reservoir safety reform programme

Notable Publications
Without listing all publications, it should be noted that both Dr Bowes’ doctorate from Cornell and his Master’s degree from Cambridge were published in academic journals:
A Historical Review and Current Analysis of Private Water Provision in England (Utilities Law Review, 2018) (Doctorate)
Sustainability in the English Water Industry – Part I (Journal of Water Law, 2017) (Master’s)
Sustainability in the English Water Industry – Part II (Journal of Water Law, 2017) (Master’s)

Cross Discipline
Dr Bowes also publishes across industries and disciplines. One article of note is:
Long Term Thinking in Organisations (Vision: The Journal of Business Perspective, 2017), which incorporated law with various other business sectors.
(Created by a mixed discipline team / Cambridge University).

Memberships

CEDR Qualified Mediator

English Qualified Solicitor (NP)

Scottish Qualified Solicitor (NP)

The Journal of Water Law Book Review Editor

UKELA

PEBA

Middle Temple

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