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Barrister Profile

SIMON TURBITT

Year of Call: 2015

Main Areas of Practice

Administrative Law or Judicial Review
Commercial Law
Licensing
Planning

Biography

Simon practised as a solicitor for 7 years (in London and then Belfast) before his Call to the Bar in the Michaelmas Term of 2015.

Simon read law at Brasenose College, Oxford and obtained his Post Graduate Diploma in Law from the Oxford Institute of Legal Practice. Simon trained with global ‘magic circle’ firm Clifford Chance in its London Head Office, subsequently practising as an Associate in its tax group. On his return to Northern Ireland, Simon practised in Carson McDowell’s planning and environmental law team.

Simon accepts instructions primarily in public law and civil / commercial matters but has particular interest in the areas noted below.

Qualifications

2015; Called to the Bar of Northern Ireland

2015; Legal Associate of the Royal Town Planning Institute

2009; Solicitor of the Court of Judicature, Northern Ireland

2009; MA (Oxon)

2008; Solicitor of the Supreme Court of England and Wales

2005; Postgraduate Legal Diploma in Professional Studies (Commendation) - the Oxford Institute of Legal Practice

2004; BA (Oxon) Jurisprudence (2.1), Brasenose College, the University of Oxford

Experience

Planning

Simon was admitted as a Legal Associate to the Royal Town Planning Institute in 2015. As a solicitor, Simon regularly advised statutory authorities (airports and ports), energy companies, retailers, developers, waste operators, local residents groups and local residents on all aspects of planning and environmental law. Projects included: wind farms; airport development; energy from waste development; major retail schemes; industrial schemes; harbour development; electricity infrastructure; housing; single wind turbines; and road schemes.

At the Bar, Simon advises on all aspects of planning law including permitted development, environmental impact assessment, strategic environmental assessment, the habitats directive, enforcement, appeals, listed building control and all other development consent matters.

As well as providing strategic advice on planning law matters and applications for planning and other necessary consents (e.g. marine licences, waste licences, PPC permits, hazardous substances consent), Simon accepts instructions to appear at all levels of the planning system including the Planning Appeals Commission, at local inquiries and the Higher Courts.

Simon is a Committee member of the Environmental and Planning Law Association of Northern Ireland, a position he has held for over 4 years.

Environmental

Simon advises on environmental law and regulation at an EU and local domestic level. As a solicitor Simon advised corporate bodies and individuals on the application of environmental law and the steps required for compliance with environmental regulation. He was also responsible for updating and maintaining an Environmental Law Register for use by members of the Northern Ireland construction industry.

Simon accepts instructions in relation to all environmental law matters including alleged offences under waste, water, air and PPC legislation and liability issues surrounding contaminated land and pollution.

Simon also advises in respect of the environmental regimes pertaining to development consents (e.g. EIA, SEA, Habitats).

Judicial Review

As a solicitor, Simon gained considerable experience in judicial review cases and has a strong working knowledge of the judicial review procedure in Northern Ireland and the substantive law surrounding it.

Simon has a keen interest in public law and at the Bar accepts instructions to act in the defence (including on behalf of Notice or other parties) and instigation of judicial review challenges to public law decisions.

Commercial/ Chancery

At global corporate law firm Clifford Chance Simon gained considerable experience in corporate law matters, civil disputes and commercial transactions.

At the Bar, Simon accepts instructions in civil / commercial matters including matters pertaining to contractual disputes, real property, landlord and tenant, company law, banking, financing, insolvency and general chancery disputes.

Licensing

Given that there can often be significant overlap between licensing and planning issues, planning expertise can be particularly useful in licensing cases. Simon accepts instructions to advise on all aspects of liquor licensing and to appear in respect of applications and appeals, as required.

Simon also accepts instructions in relation to pharmaceutical licensing matters including to appear before the National Appeals Panel and before the higher courts, as required.

Tax

After training as a tax lawyer with Clifford Chance in London, Simon specialised in advising on the UK tax treatment of real estate transactions including the UK tax treatment of Islamic financed transactions.

At the Bar of Northern Ireland Simon accepts instructions generally in relation to tax matters including in respect of direct taxes, indirect taxes, tax disputes, and anti-avoidance provisions.

Conferences

Simon has spoken at many legal conferences and CPD events on topics including planning obligations, case-law reviews, developer contributions, liability for contamination, planning reform and waste offences.