"Nicholas brings a level of experience beyond his years and insight that is truly exceptional. His ability to advise and represent across a wide range of legal matters is incredibly impressive."
― Chambers UK Bar Guide [2025]
"Nicholas is a very able, articulate and intelligent barrister."
― Legal 500 [2025]
"He has a well-developed ability to speedily grasp the key issues of a problem and analyse the risks and benefits of his client's position."
― Chambers UK Bar Guide [2022]
"He is excellent - always on top of the detail, personable and hard-working." "A very impressive junior." "His precision and ability to appreciate context and retain perspective is very impressive."
Nicholas Ostrowski specialises in public, environmental and regulatory law. As a member of both the Attorney General’s Civil Panel (A Panel) and the ‘B’ List of Specialist Regulatory Counsel he advises and represents government departments, corporate and individuals in his core practice areas and is ranked in three separate areas (environmental, planning and health & safety law). He has a particular sub-specialism in water law.
Environment
Nicholas is a specialist environmental and planning barrister who represents a wide variety of clients in environmental and planning cases. He is a contributor to Garner’s Environmental Law, a leading publication in this area and has a particular expertise in water law.
Featured cases list
Advising the Office for Environmental Protection on a variety of water related issues including the investigation it has launched into the regulation of combined sewer overflows by Ofwat, the Secretary of State for the Environment and the Environment Agency (with Charles Morgan)
Manchester Ship Canal Co Ltd v Secretary of State for Environment, Food and Rural Affairs [2022] EWHC 3282 (Admin) – first case considering the right to appeal a decision to obtain, by compulsory purchase, the right to discharge effluent into a watercourse (with Charles Morgan)
Manchester Ship Canal Co Ltd v United Utilities Water Ltd [2022] EWCA Civ 852, [2023] Ch 1 – extent to which there is a private law action in trespass or nuisance arising from discharges by a sewerage undertaker (with David Hart QC and Charles Morgan). Now the subject of an appeal to the Supreme Court.
Manchester Ship Canal Co Ltd v United Utilities Water Ltd [2021] EWHC 1571 (Ch) – extent to which there is a private law action in trespass or nuisance arising from discharges by a sewerage undertaker (with David Hart QC and Charles Morgan)
Sunman v Environment Agency [2020] 1 WLR 1024 – whether application for compensation for non-payment of registration fees payable by house boat owners on inland waterways is ultra vires
Manchester Ship Canal Co Ltd v United Utilities Water Ltd [2019] EWHC 1495 (Ch) – water company’s responsibility for water discharged through outfalls into canal (with Charles Morgan)
Mustafa v Enfield LBC[2019] 1 WLR 3196, [2018] EWHC 3726 (Admin), [2019] JHL 22 – landowner’s responsibility for waste water sewage
Environment Agency v Stone and Salhouse [2018] EWHC 994, [2018] Env. L.R. 32; [2018] A.C.D. 63 – landowner’s responsibility for waste brought onto land by tenant
Anthony Hall v Environment Agency [2018] 1 W.L.R. 1433; [2018] Env L. R. 11; [2017] EWHC 1309 (TCC) – test case brought by the Agency on the correct statutory interpretation of the Water Resources Act 1991 and whether those who suffer flooding from the Agency must claim damages under the system of statutory compensation
R(Holborn Studios Ltd) v Hackney LBC [2017] EWHC 2823, [2018] PTSR 997 – test on quashing a planning permission when initial application amended
Public Inquiry into abstraction form the Rivers test, Itchen and Candover – acted for Fish Legal in this public inquiry under the Water Resources Act 1991 into proposed abstraction by Southern Water, issues of drought modelling and fish impact
Administrative & public
Nicholas is frequently instructed as a specialist public law barrister to represent government departments and other parties including the Home Office, the Ministry of Justice and the Department for Environment, Food and Rural Affairs in judicial review claims.
Featured cases list
R(Bryan) v HM Coroner for Buckinghamshire [2024] EWHC 26 (Admin) – challenge to Coroner’s narrative conclusion for the death of a child
H5 and others SC/204/2023 – Challenge in SIAC to refusal of entry clearance to Afghan interpreter
R(Fold Hill Foods Ltd) v Food standards Agency [2023] EWHC 2271 – challenge to FSA’s handling of a recall of c.£7m of cat food following an outbreak of pancytopenia amongst cats
R (Zakoan Chowdhury) v First-tier Tribunal JR-2023-LON-000104 – date when time starts to run for the purpose of the Immigration (Notices) Regulations 2023, permission to appeal to the Court of Appeal granted
Manchester Ship Canal Company Ltd v Secretary of State for Environment, Food and Rural Affairs [2023] Env LR 24 – challenge to a planning inspector’s decision to confirm a compulsory purchase order permitting an undertaker to discharge into a canal, permission to appeal to the Court of Appeal granted
R (AA) v Secretary of State for the Home Department JR-2021-LON-000837 – decision of Morris J in the Upper Tribunal on the applicability of fresh claims for asylum seekers whose previous asylum refusals have not been appealed
Cook v Mannering [2022] EWHC 3358 (Ch) – test when extended civil restraint order further extended
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 – calculation of 10 years continuous lawful residence
Mannering v Highscore Scaffolding Ltd [2022] EWHC 2257 (Ch) – operation of stamp duty in the context of an allegedly fraudulent share transfer
R (AMA) v Secretary of State for the Home Department [2021] EWHC 2646 (Admin) – adequacy of asylum support for seriously ill Claimant and her son
R (Singh) v Secretary of State for the Home Department [2021] EWHC 1698 (Admin) – lawfulness of detention for Indian national in the UK
R (Singh) v Secretary of State for the Home Department [2021] EWHC 158 (Admin) – immigration detention of 13 months lawful
R (Ellis) v Secretary of State for the Home Department [2020] Imm AR 812 – application of Home Office discretionary leave policy
Mannering v Cook [2020] EWHC 1998 (Ch) – test to apply when granting of extended Civil Restraint Order against serial litigant
R (TN) v Secretary of State for the Home Department [2020] EWHC 481 (Admin) – correct approach to immigration detainees sentenced as adults but subsequently assessed to be children
R (HBTN) v Sunderland City Council [2019] EWHC 3221 (Admin) – disclosure of age assessments by one local authority to another
Watts v Stewart [2018] 2 W.L.R. 1107; [2018] Ch 423 (unled at first instance, led by Stephen Hockman QC in the Court of Appeal) – almshouse occupiers and Article 8
R (Mohammed) v Secretary of State for the Home Department [2016] EWHC 447 (Admin) – detention pending deportation for violent offenders
R (on the application of HN and SA) (Afghanistan) v Secretary of State for the Home Department [2016] EWCA Civ 123 – (with David Blundell KC and Mary Glass) Removals to Afghanistan
Regulatory
Nicholas is a specialist health & safety and regulatory barrister who has been instructed for and against a wide variety of regulators including the Health & Safety Executive (HSE), Fire and Rescue Authorities, the Food Standards Agency (FSA), the Office of Gas and Electricity Markets (OFGEM), local authorities and other. He also appears regularly in Inquests often appearing for parties who are facing potential investigations or sanctions from regulatory bodies.
Featured cases list
R(Fold Hill Foods Ltd) v Food standards Agency [2023] EWHC 2271 – challenge to FSA’s handling of a recall of c.£7m of cat food following an outbreak of pancytopenia amongst cats
Inquest touching the death of Leighane Redmond and Melsadie Parris – representing the family of the deceased in a three week inquest into the tragic death of a mother and child on the railway (with Caoilfhionn Gallagher KC)
R (Higginshaw Abbattoir Ltd) v Greater Manchester Magistrates’ Court [2022] EWHC 378 (Admin)
R (Trotman) v Crown Court at Guildford), Surrey County Council intervening [2021] EWHC 2087 (Admin) – applicability of the Fire Safety Order to vessels
Office of Road and Rail v Renown Consultants Ltd – prosecution and five week trial (with David Travers QC) for breach of HSWA 1974 in failing to manage employees’ fatigue leading to double fatality
HSE v Veolia – defending (with Mark Watson QC) a multinational company in a three week trial for breach of HSWA 1974 in failing to prevent fatality arising from crush injuries in a waste processing station
Ofgem v Economy Energy – allegations of mis-selling to vulnerable customers by Ofgem
Inquest into the death of BR – death on the railway (article 2 jury inquest)
Inquest into the death of L and S – deaths on the railway (article 2 inquest)
Inquest into the death of DB – death in custody (article 2 inquest)
Inquest into death of MF – death by smoke inhalation arising from a fire in a block of flats
Inquest into the death of ML – representing the prison service after a death in custody at a two week long Article 2 inquest, issues include the proper use of restraints and complex medical causation
Inquest into the death of DB – representing the Prison Service after suicide of a man in custody
Recommendations
"Nicholas brings a level of experience beyond his years and insight that is truly exceptional. His ability to advise and represent across a wide range of legal matters is incredibly impressive."
― Chambers UK Bar Guide [2025]
"Nicholas is a very able, articulate and intelligent barrister."
― Legal 500 [2025]
"He has a well-developed ability to speedily grasp the key issues of a problem and analyse the risks and benefits of his client's position."
― Chambers UK Bar Guide [2022]
"He is excellent - always on top of the detail, personable and hard-working." "A very impressive junior." "His precision and ability to appreciate context and retain perspective is very impressive."
― Chambers UK Bar Guide [2022]
"He has a very practical and pragmatic approach, as well as amazing people skills, and he has a great deal of technical expertise in this difficult area of law. " (Environment)
― Legal 500 [2022]
"Nicholas has the perfect combination of skills which is what makes him a go-to barrister of this level – he has an exceptional legal mind, is fantastic with clients and always goes the extra mile. " (Health & Safety)
― Legal 500 [2022]
"He has very good commercial awareness and really knows his stuff on environmental law. Clients find him easy to relate to and he is very responsive."
― Chambers UK Bar Guide [2021]
“A deeply knowledgeable environmental lawyer with a practical, commercial approach who is great with clients.” (Environment)
“…knowledgeable, thorough and in the details. A barrister who is very personable and who is extremely well regarded by solicitors and clients alike….” (Health & Safety)
"Good on difficult issues when clients need to be delivered unpalatable truths." (Planning)
― Legal 500 [2021]
"An extremely intelligent and skilled advocate who has an excellent knowledge of planning and environmental law. He is also able to take a commercial view of cases and understand the client’s wider needs." (Environment)
"Practical and painstaking. His thorough preparation ensures that all areas of potential risk and case weaknesses are brought to your attention so that these matters can be positively resolved." (Health & Safety)
― Legal 500 [2020]
"He provides prompt and insightful advice with a friendly and likeable manner."
"Does a thorough job."
― Legal 500 [2018]
"An extremely intelligent and skilled advocate, who is unafraid of a hostile court."
"Diligent and enthusiastic."
― Legal 500 [2017]
Awards
In 2012 Nicholas was awarded a Pegasus scholarship by Inner Temple and worked with a number of environmental and planning lawyers in the United States.
Nicholas was awarded the David Karmel and Prince of Wales Scholarships by Gray’s Inn.
Appointments
Attorney General’s Panel of civil counsel to the Crown (A Panel)
List of Specialist Regulatory Advocates in Health & Safety and Environmental Law (List B).
Nicholas is the co-convenor of the water working party for the United Kingdom Environmental Law Association (UKELA).
Publications
Nicholas is a contributor to Garners Environmental Law.
Memberships
HSLA
UKELA
PEBA
ALBA
Education
BA English Literature & Politics, University of York (First)
MA Legal & Political Philosophy, University College London
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