Horatio Waller > Francis Taylor Building > London, England > Barrister Profile

He is instructed by major firms of solicitors and local authorities, and also acts directly for companies, individuals and local action groups who engage him on their own account on a Licensed Access or Public Access basis. He will in appropriate cases act pro bono.

A full breakdown of Horatio’s experience by area of practice can be found below. The following are examples of recent cases in which Horatio has acted:

Court of Appeal

• Secretary of State for v Manchester City Council [2021] EWCA Civ 1920, Horatio appeared for the City Council before the Court of Appeal in a case concerning enforcement, planning units, and the I’m Your Man principle.
• Horatio is currently instructed as junior counsel in two cases before the Court of Appeal.

High Court

• Piffs Elm Ltd v Commission for Local Administration in England & Tewkesbury Borough Council [2022] EWHC 1547 (Admin), Horatio appeared on behalf of a local authority as junior to James Pereira KC in a High Court hearing concerning the refunding of planning fees, implied powers and the jurisdiction of the Local Government Ombudsman in relation to planning decisions.
• Ashchurch Rural Parish Council v Tewkesbury Borough Council [2022] EWHC 16 (Admin), Horatio appeared on behalf of a local authority as junior counsel to James Pereira KC in a planning infrastructure case concerning EIA “salami-slicing”.

Inquiries / local plan examinations

• Latteridge Road, Horatio appeared at a 3 day enforcement inquiry concerning a gypsy site in South Gloucestershire.

Magistrates’ Court / County Court

• Walleys Quarry Ltd v Newcastle-under-Lyme, Horatio is instructed as junior to Jeremy Philips KC for a local authority defending an appeal against an abatement notice. The case concerns a landfill site in Stoke-on-Trent. The trial which is listed for 6 weeks will consider issues of contamination, odour, and waste-law.
• Richard Roberts v Co-Operative Group Food Ltd, Horatio appeared for a local councillor in an appeal against the grant of an alcohol premises licence to a national supermarket.
• Taxi licensing appeal, Horatio appeared for a taxi driver who appealed the decision of Luton Borough Council to revoke his dual licence.
• Wilson v Tonbridge and Malling BC, Horatio is instructed for a local authority in a civil claim in the Central London County Court concerning works of repair to a building in Kent.

First-Tier Tribunal (SEND)

• Horatio appears regularly before the Tribunal and has experience of the full range of issues that arise in the context of EHCP appeals.
• In May Horatio appeared in two separate appeals concerning arguments about waking day provision and placement at residential schools and which involved multiple expert witnesses instructed by both parties.