Christopher has over forty years’ experience in general chancery and commercial practice in Lincoln’s Inn following his graduation from Cambridge with a starred first. Throughout his years in practice, there has been an emphasis on drafting and tackling complex issues with an eye for the commercial objective. He enjoys the research and analysis required for such matters but endeavours to provide his work speedily within the time limits imposed by the commercial needs of his professional and lay clients.
Meeting clients’ deadlines is uppermost for Christopher, whilst still ensuring all-important attention to detail. He seeks to do so in a manner which engages constructively with the client in a friendly and approachable manner. Litigation is undertaken but always takes account of the commercial consequences.
Christopher is qualified to accept instructions through the Public Access Scheme but not to conduct litigation.
Areas of law
- Property Law
- Commercial Law
A significant portion of Christopher's practice has always been focused on property in which subject he is a specialist. He advises on difficult points, the structuring of transactions and preparing drafts. The spectrum of transactions Christopher is instructed on runs from large scale residential and shopping developments to single dwellings or offices. Clients vary from large scale developers, niche builders and local authorities to individual householders. He has a particular expertise in overage and planning promotion agreements. In addition, Christopher acts in contentious property matters including disputes over easements, restrictive covenants, enforcement of charges and guarantees, leases and sales of land.
Community Infrastructure Levy is a particular area in which Christopher has a pre-eminent specialism, fitting in well with his general advisory work on behalf of developers and authorities. He enjoys the application of the legislative regime; planning to tackle CIL issues; and the consideration of general planning policy including section 106 planning obligations. This has led to his undertaking work concerning planning permissions and their enforcement.
As well as advisory work, Christopher appeared in the Planning Court for the successful authority in the first judicial review case on the operation of the CIL regime and has acted on a number of statutory CIL appeals. He is now being asked to consider professional negligence issues arising from CIL.
Assets of Community Value is a second area in which Christopher has a pre-eminent specialism acting for local authorities, owners and community groups. He has appeared in a number of ACV appeals.
Christopher is a passionate contributor to the understanding of the areas in which he practices. His comprehensive guides to CIL and ACV are available free for all on the web. He writes regularly on these topics.
The nature of the transactions dealt with in his practice is not limited exclusively to property matters but ranges much wider in the commercial field. It includes both drafting and contentious matters. On the contentious side, Christopher's work encompasses matters such as disputes over the sale of companies, bringing in issues such as the enforcement of guarantees.
- Chancery Bar Association
- Property Bar Association
- MA (Cantab) First class with distinction
- Senior Harris scholar (Downing College)
- Walter Wigglesworth scholar
- Lord Denning scholar
Christopher has a website to be found at christophercant.co.uk which has links to his articles and guides.
Christopher enjoys cooking, reading about the Anglo Saxons, and exploring the history and geography of areas such as Romney Marsh and Exmoor.
Areas of Law
Christopher Cant is happy to accept instructions as counsel who is:
Very experienced in the areas of:
- Public & Administrative Law
- Land & Property
- Planning and Infrastructure
Experienced in the following additional areas:
- Public Access Accredited
- Land & Property
- Business & Commercial Law
Happy to help in the following additional areas:
- Professional Negligence
- Wills & Probate
- Inheritance Act Claims
- Land & Property
- Business & Commercial Law
Outside of these key areas of law, Christopher Cant is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Christopher direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.
Cases and Publications
- Adams v Ashfield DC CR/2017/0010
- Registered proprietors of Uptin House v Newcastle CC CR 2017 0006
- ZB Investments v Croydon LBC (CR/2016/0009)
- King v Chiltern DC (CR/2015/0025)
- R (oao Hourhope Limited) v Shropshire CC  EWHC 518 (Admin)
- University of East London Higher Education Corpn v Barking and Dagenham London Borough Council and others  EWHC 2710 (Ch)
- Lau -v- Redpalm (Groucho Club – rent review)
- Amsprop Trading Limited v Harris Distribution  1 WLR 1025 .
- Dolgellau Golf Club v Hett (1998) 76 P&CR 526
- University of East London Higher Education Corp v Barking and Dagenham London Borough Council and others (No 2)  EWHC 2908 (Ch)
- St John’s Ambulance v Teignbridge DC CR/2018/0003
- Assets of Community Value (6th Edn) (2018)
- Overage – Pitfalls And Protection (2016)
- Community Infrastructure Guide – 6th Edn for Wales
- Community Infrastructure Guide – 7th Edn for England
- Phased planning permissions and CIL Liability Notices – Local Government Lawyer on 13th March 2020
- Role of judicial review applications in the CIL regime – Local Government Lawyer on 6th March 2020
- Open spaces and the ACV regime – Local government Lawyer 21st February 2020
- Compulsory purchase of Rising Sun – Local Government Lawyer December 2019
- Compensation under the Assets of Community Value Regime – Local Government Lawyer December 2019
- Implications of Giordano decision – Local Government Lawyer 22nd November 2019
- Section 73 permissions and the new CIL Regulations – Local Government Lawyer 30th August 2019
- Problems with service of CIL documents – Local Government Lawyer 12th April 2019
- CIL and Professional Negligence- Lexology March 2019
- New recreational easements – personal website 2nd December 2018
- Compensation under the Assets of Community Value – Local Government Lawyer 30th November 2018
- Residential extensions and CIL – Local Government Lawyer 7th September 2018
- Responding to Assets of Community Value left vacant – Local Government Lawyer 31st August 2018
- Recent pitfalls with overage – Lexology 6th August 2018
- Footpaths and Assets of Community Value – Waymark Vol 31 Issue 1
- CIL: Indexation and planning permissions – PLJ February 2018
- Continuing issues with CIL – Local Government Lawyer 15th December 2017
- Fresh Developments in Assets of Community Value Regime – Local Government Lawyer 1st December 2017
- Protection of public house – Open to attack? – PLJ November 2017
- Retrospective planning permissions and Community Infrastructure Levy – Lexology 11th July 2017
- Lessons for developers from CIL enforcement appeals – Lexology 26th June 2017
- CIL Indexation and variations of pre-CIL planning permissions – Lexology 8th March 2017
- Fresh points on Assets of Community Value – Local Government Lawyer February 2017
- Public houses and the ACV regime – Local Government Lawyer 15thSeptember 2016
- Battles to convert ACV listed public houses to dwellings – Local Government Lawyer 11th June 2016
- Further development of the Assets of Community Value Regime – Local Government Lawyer 23rd June 2016
- CIL regulation 123 limitations and planning obligations – seminar paper March 2016
- Is it lawful to charge CIL by treating two planning permissions as a single planning permission? – Local Government Lawyer March 2016
- Infrastructure shortfall due to pooling restriction – Local Government Lawyer February 2016
- Easements – class still open Lexology January 2016
- Switching planning permissions – challenging pooled contributions” in Lexology 24th November 2015
- CIL regulation 123 limitations and planning obligations – an update of a paper first given to a Regional Planning Obligations Group meeting
- ACV- further guidance from two recent rulings – Local Government Lawyer 26th November 2015 [ PDF]
- Guidance gleamed from ACV appeals and Planning Inspectors’ decisions – Local government Lawyer 3rd September 2015
- Planning obligations – what contribution can they still make to funding infrastructure? Local Government Lawyer May 2015
- Judicial review of claim for CIL demolition deduction – Corporate Briefing March 2015
- Overage – Westlaw Insight On-line Encyclopaedia
- Community Infrastructure overview – Westlaw UK Insight On-line Encyclopaedia
- Property Cases update – Corporate Briefing February 2015
- Assets of Community Value – Westlaw UK Insight On-line Encyclopaedia
- Assets of Community Value under the Localism Act – Blighting of development or boosting the local community July/August Corporate Briefing
- The cost of nature – Local Government Lawyer 24th April 2014
- February Property Update – March and April 2014 Corporate Briefing
- Amendments to Community Infrastructure Levy – work in progress or overload? February 2014 Corporate Briefing
- Numerous ingenious attempts to reduce or avoid unoccupied property rates – October 2013 Corporate Briefing
- Merciless application of section 2 1989 Act – September 2013 Corporate Briefing
- Late completion tempts premature termination – September 2013 Property Lawyer
- Avoiding problems with easements on sales of part – June 2013 Property Lawyer
- Community Infrastructure Levy Reforms – May 2013 Corporate Briefing
- A minefield for the unwary litigant in person – Adverse possession and registered land (Corporate Briefing – June 2013)
- Unexpected CIL consequences from unimplemented permissions (28th January 2013 Property Law Journal)
- Community Infrastructure Levy – From the developer’s perspective
- Unnecessary traps when companies execute documents – (Corporate Briefing – February 2012)
- Problems for proposed development arising from public acquisition of drains (Corporate Briefing – September 2012)
- Construing conveyancing documents – a major change in the Court’s approach
- Can a criminal squatter acquire title by adverse possession? (2012 New Law Journal 1309)
- Don’t mess with parking rights (Corporate Briefing – September 2012)
- The imposition of fiduciary obligations in property ventures (Corporate Briefing – September 2012)
- Beware Break Clauses (Corporate Briefing – June 2012)
- Protecting developers from protests (Corporate Briefing – May 2012)
- Transfer to public ownership of private sewers and lateral drains (Corporate Briefing – June 2011)
- Warning to developers to act as a good neighbour (Corporate Briefing – November 2011)
Fees and Feedback
Details regarding our approach to fees can be found at the following link: http://www.clerksroom.com/content-html?cid=514
Please see “profile” tab for a description of the legal services provided by this barrister.
We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.
Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.
We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.
If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.
All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register
If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416
If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).
The Legal Ombudsman’s details are as follows:
PO Box 6806
Tel: 0300 555 0333
1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3. I, Christopher Cant, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4. It is necessary for me to process your personal data in order for me to provide you with legal services, for example:
· Advise on the prospects of litigation;
· Advise on the value of your claim;
· Representation at a court hearing;
· Representation at trial;
· Advise, review or comment on legal issues or evidence.
5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.
6. The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.
7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.
8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.
Recipients of your data
9. I may also be required to share your data with others, depending on the nature of your case. This may include:
(i) Courts and other tribunals to whom documents are presented;
(ii) Your solicitors, or agent representing you, through whom I have been instructed;
(iii) Potential witnesses, experts and other persons involved in the case;
(iv) Solicitors, barristers, or other legal representatives;
(v) Ombudsman and regulatory authorities;
(vi) Education and examining bodies; and
(vii) Current, past or prospective employers.
Special Categories of Data
10. In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.
11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.
12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.
13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.
14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:
(i) The legal and professional obligation to retain information relating to my cases;
(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;
(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;
(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.
15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.
16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation.
17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.
19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.
20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.
21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests.
22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object.
23. You have the right to request that your personal data is erased where any of the following apply:
(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;
(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;
(iv) The personal data has been unlawfully processed; or
(v) The personal data have to be erased to comply with a legal obligation.
24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).
25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort.
26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.
Complaints or Queries
27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: Christopher.Cant@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.
28. I shall aim to respond as soon as possible, and within 30 days.
29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/