John Litton KC > Chambers of David Holland KC and Jenny Wigley KC > London, England > Barrister Profile

John Litton KC

020 7430 1221 jlitton@landmarkchambers.co.uk View profile View profile

Position

John’s highly regarded domestic practice is complemented by a successful international practice encompassing planning and commercial work. He also practices in a broad range of civil and commercial litigation matters including complex rating cases.

John was called to the Bar in 1989 and was appointed to the Attorney General’s A Panel of Treasury Counsel for seven years before taking Silk in 2010.

John regularly appears at public inquiries. In addition to this, John frequently appears in the higher courts in England & Wales (including the Upper Tribunal), Northern Ireland, Hong Kong (including the Lands Tribunal and Town Planning Appeal Board), the Cayman Islands and the BVI. He is called to the Bar in Hong Kong, Northern Ireland, the Supreme Court of the Eastern Caribbean (British Virgin Islands) and appears by ad hoc admission in the Grand Court and Court of Appeal in the Cayman Islands.

He is a member of the Chartered Institute of Arbitrators and an Associate Member of the Hong Kong Institute of Arbitrators.

Advisory and other

Advisory work includes advising Government RE: the review of National Policy Statements on Energy and National Networks, challenges to NPSs, interpretation of Building Regulations, interpretation of s.106 agreements and claims made under such agreements, planning enforcement, s.215 notices under the TCPA 1990, challenge to neighbourhood plan, on-shore wind development, challenges to DCOs, co-living development, strategic planning, interpretation of commercial contracts, rating, planning appeals in the Cayman Islands, foreign law expert, expert determination under a s.106 agreement.

In addition to his core areas, John has acted for local authorities in relation to negligence claims, including Wooldridge v Torridge District Council. He has advised on nuisance claims relating to Japanese Knotweed. John also advises on planning related property issues including restrictive covenants and easements and has considerable experience in mass trespass litigation.

International work

John’s work in Hong Kong, Cayman Islands and the BVI encompasses a broad range of civil matters including commercial litigation, judicial review, town planning and rating.

Recent Cases in Hong Kong

• Join Smart v Director of Environment – Representing Director of Environment in Hong Kong Court of Appeal in challenge to grant of environmental permit. Now on appeal to Hong Kong Court of Appeal (November 2021).
• Join Smart Ltd v Town Planning Board – Representing Town Planning Board in Hong Kong Court of First Instance in a challenge to refuse amendment to Outline Zoning Plan. Now on appeal to Hong Kong Court of Appeal (June 2021).
• Mayer v AFI Limited – application for permission to appeal to Hong Kong Court of Final Appeal (March 2020).
• HCA 3014 of 2016 – strike out application in Hong Kong Court of First Instance.
• CLP Power Hong Kong Ltd v Commissioner of Rating and Valuation – John represented CLP in the Court of Final Appeal (and earlier in the Lands Tribunal and Court of Appeal) in relation to its rating appeal including the construction of s.8 & 8A Rating Ordinance (February 2017).
• Town Planning Board v Town Planning Appeal Board – John acted for the TPB in the Court of Final Appeal on the construction of s.16 of the Town Planning Ordinance and jurisdiction of the Town Planning Board to review its decision under s. 17 in relation to an application to fulfil planning conditions (January 2017).
• Mayer Corporation Development Limited v Alliance Financial Intelligence Limited (HCCL 2/2016) – John acted for the applicant in the Court of First Instance on an application to strike out an action seeking to set aside judgments allegedly obtained by fraud (November 2016).
• Jonnex International Ltd. v Town Planning Board (HCAL 130/2015) – John acted for the TPB in the Court of First Instance on an application for judicial review seeking to challenge a decision refusing to modify the Sai Ying Pun & Sheung Wan Outline Zoning Plan (September 2016).
• Song Lian Zhong v Chan Sze Wai HCA 277/2013 – John acted for the plaintiffs in the Court of First Instance in a 3 week trail for fraudulent misrepresentation (July/August 2016).

Recent Cases in the Cayman Islands and BVI

• King Bun v Lau – 5 week trial in Commercial Court in British Virgin Islands representing a former director in a derivative action brought by minority shareholder for breach of directors’ duties relating to sale of a subsidiary company at an undervalue. (November/December 2019, July 2020 and February 2021).
• China Energy Development Holdings Ltd v Totalbuild Investments Holdings Group Ltd (Cause No. G0094/2015) and Energy International Investments Holdings Ltd v China International Energy Investments (Hong Kong) Ltd (Cause No. G0112/2015) (2014 – 2016) – John acts for the plaintiffs in two claims relating to breaches of warranty and misrepresentation arising out of cooperation agreements entered into with China National Petroleum Company for the exploitation of mineral resources in China. There have been a number of interlocutory proceedings and hearings for injunctions, service out of the jurisdiction, substituted service and discovery of documents. Trials likely in 2017/2018 (Cayman Islands).
• Lai Yueh-Hsing v Mayer Holdings Limited (FSD86/2014) (2013 – 2014) – creditors winding up petition. The proceedings include an application for appointment of interim receivers, the hearing of the petition and an appeal to the Cayman Court of Appeal (Cayman Islands).
• Li En Qiang v Nova Direct Investment Ltd (2016) – claim for the recovery of proceeds of redemption and remaining shares in an investment fund against a BVI company. Application challenging to Court’s jurisdiction (BVI).
• China NTG Investments Ltd v Great River Corporation (2014) – proceedings for the appointment of an interim receiver and an application for a stay of proceedings (BVI).

Career

Called 1989 (QC 2010) (England and Wales), Middle Temple; called 1990 Hong Kong Bar (holds full practising certificate); called 2013 Easter Caribbean Bar (BVI); called Northern Ireland Bar (2013); temporary admission to the Cayman Islands Bar (2014/2015).

Memberships

Initially appointed to the “B” of Treasury Counsel in 1999, he was appointed to the “A” in 2004 and re-appointed to that Panel in 2009 until he took silk in 2010.

• Planning and Environmental Bar Association (Treasurer 2000-2006)

Education

• Sedbergh School; Southampton University (1988 LLB 2:1)
• LLB (2:1) from Southampton University (1988