Mr Ashley Bowes
Qualifications: LL.B (Hons.)
Ashley Bowes' primary research interest is in employment law; but he also specialises in the law of town and country planning, commons registration, judicial review, highways, education, and local government law. He writes in all areas, and is a regular contributor to the Planning Law Bulletin of Mills & Reeve LLP.
Ashley is a Prince of Wales Scholar (Gray’s Inn, 2012) and maintains an active practice across his research areas. He has appeared before numerous planning inquiries, education tribunals, and village green hearings and adjudicates on housing and licensing appeals He is also Chairman of Planning at Woking Borough Council and is an Editor of the Journal of Planning and Environment Law.
In his spare time Ashley is a keen organist and has played at a range of events and venues including St Paul’s Cathedral and the Chapel of King’s College, Cambridge.
1. Employment, Discrimination and International Labour Law
My Ph.D. dissertation examined the relationship between the conventions of the International Labour Organisation, specifically exploring a thesis that a number of these covering discrimination in employment and termination of employment are customary in nature and therefore a part of the English common law.
On a domestic level my interests concern all areas of employment and discrimination practice. Recently examining the flexible working regulations post Commotion v Rutty, indirect sex discrimination post Hardys v Lax and the meaning of race discrimination post R(E) v JFS. My paper to the Society of Legal Scholars Conference (Cambridge) in 2011 examined the lawfulness of the proposed two year qualifying period for unfair dismissal claims. I have also represented claimants before the Employment Tribunal.
2. Town and Country Planning, Town and Village Greens and Property Law.
As an Editor of the Journal of Planning and Environment Law and Chairman of Planning at Woking Borough Council since 2009 my research necessarily covers the whole scope of the land-use regime, recently I have written on the law surrounding on-shore wind-farms, abandonment, severance, amendments to permission at appeal and the Cala Homes litigation concerning the revocation of the Regional Strategies. I also maintain a particular interest in the scope of the supervisory jurisdiction of Administrative Court in the examination of planning decisions.
I have written at length on the implications for the planning system presented by the Localism Bill. My paper to the Society of Legal Conference (Cambridge) examined the radical suggestion to empower local communities to adopt their own “neighbourhood” plans which would form of the Development Plan of the planning authority’s area. I also frequently appear on behalf of both the Planning Authority and Rule 6 Parties at appeal inquiries and hearings under Section 78 Town and Country Planning Act 1990.
I also have a specific research and practice interest in the law of commons and village green registration. I have written extensively on the subject recently examining the meaning of the term “neighbourhood”, the meaning of “significant number of inhabitants” the relationship between planning and village green registration post Barratt v Spooner and the application of res judicata to the commons regime. I also represent applicants at inquiries for registration under Section 15 Commons Act 2006.
3. Judicial Review
I maintain a specific interest in the supervisory jurisdiction of the Administrative Court with special respects to discrimination, planning and commons registration. I am a frequent contributor to Judicial Review Journal (Hart Publishing) recently writing on the Supreme Court’s decision in R(Sainsbury’s Supermarkets) v Wolverhampton CC and the High Court’s decision to quash the revocation of the building schools for the future programme in R(Luton) v SSE.
I have also written on the extent of the public sector equality duty and the Court’s willingness to intervene in this regard at  16(2) JR 156, following from the research of the Hon. Mr Justice Sales at  16(1) JR.
My latest research interest in this field is the scope of the newly proposed ‘general power of competence’ (currently at) Clause 1 Localism Bill. My paper to the Society of Legal Conference (with John Stanton of Kingston University) examined the implication of this new power with regard to the ultra vires doctrine as it applies to local authorities.
Bowes, A., 'The Uncertain Prescriptive Underpinnings of the Town and Village Green Regime'  7 Journal of Planning and Environment Law
Bowes, A., ‘The Registration of Town or Village Greens and the Res Judicata Myth’  1 Journal of Planning and Environment Law 10-19
Bowes, A., ‘Potential Restrictions on a Legal Right to Development’  8 Journal of Planning and Environment Law 994-1004 (cited by Searle, M., Letter to the Editor 1  JPL)
Bowes, A., ‘The Rise of the Neighbourhood Triffids’  4 Journal of Planning and Environment Law 386–391
Bowes, A., ‘A Bright Future for BSF?’  16(2) Judicial Review 156-162 (cited by Dyke, T., ‘Judicial Review in an Age of Austerity’  16(3) JR 202)
Bowes, A., ‘Revocation of Regional Strategies, a State Frontier Rolled Back too Soon?’  2 Journal of Planning and Environment Law 137–142 (cited by Samuels, A., ‘Legality of New Home Bonus’  7 JPL 847-848)
Bowes, A., ‘To Consider or not to Consider? – the Materiality of off-site Benefits in Compulsory Purchase Law’  16(1) Judicial Review 60-65
Bowes, A., ‘Can Religion be Racially Discriminatory?’ (2009) 10(3) International Journal of Discrimination and the Law 149–160
Bowes, A., ‘The New Localism in the Planning System’ (2011) SLS Conference, Cambridge
Bowes, A., ‘A Year Too Far – the legality of a two year qualifying period in unfair dismissal claims’ (2011) SLS Conference, Cambridge
Bowes, A., & Stanton, J., ‘The Localism Bill: The Coalition’s Empowerment of Local Communities’ (2011) SLS Conference, Cambridge
Bowes, A., ‘International Human Rights Law’ in Breau, S., (ed.) International Law (Oxford: OUP, 2008)
Case Notes and Legislative Comment
All case summaries in the Journal of Planning and Environment Law 2011 Issue 8 - present.
Bowes, A., Case Note Halifax General Insurance Services v Teignbridge DC  10 JPL 1371
Bowes, A., Case Note R(Cart) v Upper Tribunal  10 JPL 1373
Bowes, A., Case Note Paddico (267) Ltd v Kirklees MDC  10 JPL 1375
Bowes, A., Case Note Hertfordshire CC v SSCLG  10 JPL 1376
Bowes, A., Case Note Broxbourne BC v Robb  10 JPL 1377
Bowes, A., Case Note Hulme v Secretary of State for Communities and Local Government  9 Journal of Planning and Environment Law 1258-1260
Bowes, A., Case Note Avon Estates v Welsh Ministers  9 Journal of Planning and Environment Law 1260-1262
Bowes, A., ‘Case Note – R (Harris) v Haringey LBC  EWCA Civ 703’ (2010) Future Perfect? (July)
Bowes, A., ‘Case Note – R (Sainsbury’s Supermarkets) v Wolverhampton CC  UKSC 15’ (2010) Future Perfect? (May)
Bowes, A., ‘Planning Conditions and the Need for Precision’ (2010) Future Perfect? (March)
Bowes, A., ‘Agency Workers’ Directive – Barbarian at the Gate of the Classical Contract of Service?’ (2009) 1 Vellum 2–3
Bowes, A., and Connolly, M., ‘Can Religion be Racially Discriminatory? The Supreme Court’s Decision in JFS’ (2010)
- Member of Gray's Inn
- Member of the Employment Law Bar Association
- Member of the International Law Centre
- Member of the Society of Conservative Lawyers
- Freeman of the City of London (Guild of Scholars)