John Lofthouse
CALLED TO BAR: 1979
INN OF COURT: Middle Temple
EDUCATION: MA (Oxon), New York State Bar Exams
PRACTICE AREAS: Criminal Law, constitutional law, administrative law, landlord and tenant, discrimination, other (pr)

• Treasury Counsel as Junior Counsel to the Treasury in Peerage and Baronetcy Matters since 1989
• Associate Lecturer, Oxford Institute of Legal Practice
• Has contributed to Archbold News and Counsel Magazine

For further information, please contact clerks@2kbw.com or ring 0207 353 1746. Alternatively, use the secure email clerks@2kbw.com.cjsm.net

Summary of Practice

John Lofthouse’s practice covers a wide variety of both criminal and civil law.

He has been involved in criminal cases over a large range including murder and manslaughter, misconduct in public office and serious sexual offences. He has a particular interest in criminal cases involving civil concepts (such as attempted theft from a residuary estate involving probate law, analysis of notional bank interest, intellectual property, trades descriptions, gross negligence manslaughter, and the impact of employment law on the admissibility of in house interviews). In addition he has acted in a number of cases concerning human rights, abuse of process, EU law affecting crime as well as civil cases closely connected to criminal law - confiscation, condemnation, SOPO and ASBOs. He is experienced in judicial review in criminal matters and appeals by case stated.

Civil matters undertaken include constitutional law (in which he has wide experience as Treasury Counsel), judicial review, employment, landlord and tenant and probate, as well as general common law cases. He has been involved in cases involving: Royal Wills, MEPs’ privileges and immunities, and the effect of EU law in employment matters. In 2007 he advised on the successful public law challenge (without the need to issue proceedings for judicial review) to the inclusion of an area in the Legal Services Commission’s new scheme for payment for advocacy in magistrates’ courts.

Some reported cases
Constitutional cases and related matters

• Mote v. European Parliament [2009] 1 CMLR 16: appeared for an MEP in the Court of First Instance of the European Communities in challenge to European Parliament’s decision on United Kingdom Government’s application for waiver of the MEP’s immunity.
• Brown v. Executors of the Estates of H.M. Queen Elizabeth The Queen Mother and H.R.H. The Princess Margaret, Countess of Snowdon [2008] 1 WLR 2327 (CA) and [2007] WTLR 1129 (Fam. D.): appeared for the Attorney General on application by an applicant to inspect Wills of Members of the Royal Family (alone in High Court, led in CA).
• Lord Mayhew of Twysden’s Motion [2002] 1 AC 109 – challenge in Parliament to effectiveness of legislation before its enactment.
• Re Barony of Moynihan [2000] 1 FLR 113 – celebrated case with EHCR element as to illegitimate child and succession to peerage.
• Barony of Farnham HL Paper 85-I (session 1994-5) – effect on the Irish representative peerage of the Treaty and constitutional legislation of 1922; appeared for the Crown led by the Attorney General.

Criminal judicial review and case stated:

• Gillan v. DPP; Regina (Gillan) v. Crown Court at Winchester [2007] 1 WLR 2214: whether a further Newton hearing is possible in the Crown Court on a committal for sentence.
• Parker v. DPP [2005] EWHC 1485 (Admin), The Times 20 June 2005: concerned the principles of sentencing for breach of an interim ASBO.
• DPP v. M. (a minor) [2004] 1 WLR 2758: prepared skeleton argument in appeal on law of racial aggravation of an offence
• Regina (Gibson) v. Crown Court at Winchester [2004] 1 WLR 1623 – leading case on Custody Time Limits.
• Regina (CPS) v. Portsmouth Crown Court [2004] Crim LR 224 – principles to be applied in relation to absence of prosecuting counsel on appeal against conviction.
• C. v. DPP (2003) JP 364, [2003] EWHC 2780 (Admin) – powers of police when seeking missing children.
• Regina v. Manchester Crown Court, ex parte Macdonald (Regina v. Winchester Crown Court ex parte Forbes) [1999] 1 WLR 841 – another leading case on Custody Time Limits.

Other criminal cases

• Regina v. P. [2008] EW Misc 2: for the Crown in the Crown Court: application by defence for stay of substantial confiscation proceedings as no counsel willing to take defence case at legal aid rates. Not reported but of great significance. The case seems to have led to part of the legal aid regime being changed. (See also the case of R. v. A.P. below, heard before this.)
• Regina v. A.P. [2008] 1 Cr.App.R. 39 – appeared for the Crown in one of two cases in the Court of Appeal about the compatibility of part of the confiscation legislation with Article 1 of Protocol 1 to the ECHR.
• Regina v. Mote [2008] Crim. LR 793 – case involving benefits law and European Parliamentary privilege (junior counsel for the defence: argued the European point).
• Regina v. B. [2005] 2 Cr.App.R.(S.) 535 (87) – Crown Court’s jurisdiction as to extended sentences and DTOs.
• Regina v. Kelly (Michael) [2003] 1 Cr App R (S) 89 – principles relating to drug treatment and testing orders.
• Regina v. M. [2002] 1 WLR 824 - appeared for the Crown in the Court of Appeal in one of three cases on the question of the compatibility with the EHCR of the provisions for finding facts in criminal cases after a finding of disability.

Civil public law, employment and general civil

• X. v. Mid-Sussex Citizens’ Advice Bureau and another [2010] 1 CMLR 27, [2010] ICR 423, [2010] IRLR 101 (Employment Appeal Tribunal) and [2011] EWCA Civ 28 (CA): whether a volunteer could be protected under the disability discrimination legislation, particularly under the EU Treaty and Framework Directive. (Also [2009] EWCA Civ 340: appeal to CA which permitted the EU argument to be taken in the EAT; .)
• Chegwyn v. Standards Board for England [2010] BLGR 614: appeal to High Court from disqualification of a councillor by the Adjudication Panel for England; included issue of relevance of re-election to a different council after incident giving rise to allegation.
• Regina v. South Bank University, ex parte Coggeran [2000] ICR 1342 – issues as to the effect of EU equal treatment directive on pregnancy during vocational training, and as to the proper forum for a sex discrimination allegation. Acted for the University on appeal.
• HQ Service Children’s Education (MOD) v Davitt [1999] ICR 978 – acting for government agency in appeal to EAT about meaning of “employed in the employment” when payment in lieu of notice.
• Jhugroo v. United Kingdom Central Council for Nursing, Midwifery and Health Visiting (1991) 8 BMLR 103 - acted for a nurse, successfully challenging the nurses' disciplinary rules, with the effect that a suspending power was implied by the Divisional Court into the disciplinary rules.
• Dyer v. Dorset County Council [1989] QB 346 - in the County Court, Court of Appeal and Appeal Committee of the House of Lords, in a case on the meaning of an important exception to the right to buy in local authority housing law.
• Bannister v. SCG PLC and other cases [1998] 1 WLR 1123 - one of a group of cases heard to clarify one of the former County Court Rules (the automatic strike out provision).
• Eason v. Brownrigg [1989] CLY 3659 – Chancery action, rectification of lease, omitted terms, mistake.