William McBarnet

William has developed a broad practice embracing all aspects of Chambers’ work, with an emphasis on property, landlord and tenant, commercial and other civil disputes. He has experience prosecuting and defending environmental and health and safety matters (including statutory nuisance and food safety) and has represented both Local Authorities and private clients in a variety of planning and licensing cases. He also has experience of bankruptcy and insolvency and judicial review proceedings. 

He has appeared on a number of occasions in the High Court, he has also appeared in the First Tier Tribunal (Property Chamber) and routinely appears in the County and Crown Courts.

In terms of his recent work, William has:

Property and Landlord and Tenant

• Defended in a three day trial in which a constructive trust and proprietary estoppel was claimed.
• Advised a homeowner in relation to a claim to land involving questions of proprietary estoppel and adverse possession.
• Appeared for a claimant in relation to a claim brought under the Trusts of Land and Appointment of Trustees Act 1996 seeking a declaration of interest, order of sale and occupation rent.
• Acted for an appellant in an appeal brought under section 204 of the Housing Act 1996.
• Advised a homeowner defendant in the course of a mediation relating to a boundary dispute involving arguments connected with the Party Wall Act 1996.
• Appeared for multiple landlords in possession claims for residential and commercial premises.
• Appeared for a landlord seeking possession of commercial premises involving a dispute regarding the execution and delivery of the lease documents.
• Appeared for a creditor in relation to an application to remove a charging order from the Register.

Civil and Commercial

• Advised and drafted both particulars of claim and defences in cases involving defective products in consumer and business-business contracts, breach of contract, misrepresentation, nuisance and breach of fiduciary duty.
• Appeared for creditors in relation to applications for charging orders.
• Appeared for both claimants and defendants in numerous CCMCs.
• Appeared for both claimants and defendants in multiple applications for summary judgment and/or strike out.

Bankruptcy and Insolvency

• Has acted for clients in relation to applications for winding up orders and injunctions to restrain same.
• Appeared on behalf of a petitioner for a bankruptcy order. 

Planning

• Advised local authorities in relation to:
  • the correct process for changing the wording of conditions attached to planning permission: an application under section 73 of the Town and Country Planning Act 1990 or section 96A of the same;
  • conditions for securing visibility splays across third party land;
  • whether works constituted permitted development under Part 6 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 and whether prior notification was required;
  • the application of the sequential test; and
  • disclosure and the application of the duty of candour.
• Appeared for numerous local authorities in relation to proceedings for breaches of enforcement notices and tree preservation orders.
• Appeared both appellants and respondents in relation to appeals against notices served under section 215 of the Town and Country Planning Act 1990.

Regulatory

• As a member of the Attorney-General’s Regulatory List (C Panel) has appeared on behalf of the Health & Safety Executive for PTPHs in the Crown Court and first appearances and sentencing hearings in the Magistrates’ Court.
• Appeared for numerous local authorities in relation to prosecutions brought under food safety regulations in the Crown Court and Magistrates’ Court against corporate defendants and their directors.
• Defended a corporate defendant and director in relation to health and safety breaches resulting in serious injury.
• Prosecuted numerous cases involving offences contrary to sections 33, 34 and 87 of the Environmental Protection Act 1990, section 1 of the Scrap Metal Dealers Act 2013, sections 1 and 5 of the Control of Pollution Act 1989 and section 110 of the Environment Act 1995.
• Advised landowner in relation to whether works fell under section 159 of the Water Industry Act 1991.
• Assisted in advising a developer in relation to allegedly unauthorised connections to water mains.
• Advised and appeared on behalf of a client charged with offences under the Wildlife and Countryside Act 1981.
• Advised a local authority in relation to the delegation of its powers under the Building Act 1984.
• Advised a local authority in relation to its power under Building Act 1984 and the validity of notices served.

Licensing

• Appeared for a respondent local authority in relation to an appeal against a decision to revoke a premises licence.
• Appeared for an applicant in relation to an application for a premises licence.
• Has acted as a legal advisor to licensing committees in relation to reviews of premises licences (including expedited review).
• Appeared before the Traffic Commissioner for the South East of England in relation to a public inquiry into an application for a goods vehicle operator’s licence.
• Acted for the Secretary of State for Transport in relation to an appeal under section 100 of the Road Traffic Act 1988.
• Appeared in numerous licensing appeals for both Hackney Carriages and Private Hire Drivers.

Other

• Acted for tenants and landlords in relation to proceedings taken under section 82 of the Environmental Protection Act 1990.
• Advised a claimant in relation to causes of action regarding issues of disrepair and noise nuisance. 
• Advised numerous clients on their options regarding enforcement of judgment.
• Appeared on behalf of a judgment creditor opposing the removal of a charging order from the Register. 
• Appeared for the claimant to respond to a defendant’s application for security for costs. 
• Appeared for claimants in relation to an application under Part 71 of the CPR for a judgment debtor to attend court and be questioned regarding their means.
• Drafted representations under regulation 11 of the Environmental Information Regulations 2004 relating to the disclosure of environmental information.
• Defended contemnors, including before the High Court.
• Acted for the police in several inquests.
• Acted for the police in relation to applications for closure orders and various other civil orders.