Kerry Barker

Year of call: 1972

"...extremely experienced and very familiar with the Divisional Court. He is knowledgeable, calm and persuasive."
Chambers UK

Kerry Kerry

Kerry deals with all aspects of administrative & public law and licensing law, in which he puts to good use his many years experience in the Criminal Courts dealing with the most difficult cases.

Judicial Review

Dealing with challenges to local authorities, public bodies and the courts both for claimants and decision makers Kerry has amassed considerable experience before the Administrative Court/Divisional Court.

"Kerry Barker handles a range of administrative and public law matters, routinely acting for companies, public bodies or individuals in applications for judicial review.

Expertise: "He is a very solid operator with a good reputation." - Chambers UK 2014.

Kerry is a member of the Executive Committee of the Constitutional and Administrative law Bar Association (ALBA) on behalf of the Western Circuit.

In particular Kerry undertakes challenges to or defences of:

  • Policy decisions made by local authorities
  • Regulatory decisions made by public and professional bodies
  • Decisions to prosecute
  • Licensing decisions
  • Funding decisions relating to the care of the elderly
  • The provision of special educational needs
  • Decisions relating to:
    • The care of children
    • Care homes
    • The funding of foster placements
    • After-care provisio
  • Magistrates' courts' decisions
  • Tribunal decisions
  • Decisions relating to pharmacies
  • Policing decisions
  • Street trading and markets

Areas of work covered have been as wide as human rights, bail, criminal jurisdiction, disciplinary proceedings, the Hunting Act, planning enforcement, statutory interpretation, constitutional reform, travellers' rights, road traffic regulations, education, social services, opposition to new roads, drugs confiscation orders and challenges to Social Services/Children's departments.

Reported Cases

  • McMahon (The Queen on the application of) v Bristol City Council [2001] EWHC 9 (Admin), [2001] LLR 31 - For Respondent City Council with regard to street traders and redesignation of shopping centre streets.
  • Mond v ACCA [2005] EWCA 1414 (Admin) 28 July 2005; [2006] BPIR 94 - For the applicant - challenge to disciplinary proceedings of professional body.
  • R v JTB [2009] UKHL 20; [2009] 1 AC 1310; [2009] 2 WLR 1088; [2009] 2 Cr App R 13; [2009] 3 All ER 1 - Challenging the statutory construction of s. 34 of the Crime and Disorder Act 1993.
  • DPP v Wright; R (Scott, Heard and Summersgill) v Taunton Deane Magistrates' Court - Construction of the Hunting Act 2004.
  • VOSA v Clayton (2010) LTL 19/1/2010 and VOSA v Ace Crane Transport Ltd (2010) LTL 19/1/2010 - Construction of regulations relating to Goods Vehicles.
  • R (Chattington) v Chief Constable of South Wales and Others [2003] LLR 298 - For claimant appealing against procedures adopted by Chief Constable in disciplinary proceedings.

Crime

For many years Kerry has specialized in crimes involving:

  • The emotional, physical and sexual abuse of children
  • Sexual assaults and rape
  • The abuse of patients with dementia and learning difficulties

In addition he has a strong practice in regulatory work including:

  • Licensing offences
  • Noise nuisance
  • Street trading offences
  • Food safety
  • Health & safety
  • Environmental pollution

Reported Cases

  • R (on the application of Stokes) v Gwent Magistrates' Court [2001] EWHC 569 (Admin), (2001) 165 JP 766 - For claimant contesting committal order for non-payment of fines and compensation orders due against her children - Human Rights - breach of Article 8 - respect for family life.
  • R v JTB [2009] UKHL 20; [2009] 1 AC 1310; [2009] 2 WLR 1088; [2009] 2 Cr App R 13; [2009] 3 All ER 1 - Challenging the statutory construction of s. 34 of the Crime and Disorder Act 1993 - doli incapax - 12 years old defendant.
  • R v Hereford Magistrates' Court ex parte Rowlands [1998] QB 110; [1997] 2 WLR 854 - For Applicants - availability of judicial review of magistrates' courts when statutory right of appeal to Crown Court.
  • R v Lynsey CA [1995] 2 Cr App R 667, [1995] 3 All ER 654, (1995) 154 JP 437 - For Crown - whether "common assault" embracing battery - whether offence triable on indictment.
  • R v Kevin Robson [2006] EWCA Crim 1414' [2007] Cr App R (s) 54 - Interpretation of ‘dangerousness' provisions of Criminal Justice Act 2003.
  • R v Liverpool Magistrates' Court ex parte Ansen [1998] 1 All ER 692 - For Applicant - challenge to enforcement of confiscation order - application for certificate of inadequacy.
  • R v Bristol Justices ex parte E [1999] 1 WLR 390; [1998] 3 All ER 798; [1999] 1 Cr App R 144; (1999) 163 JP 56 - For Crown - jurisdiction of magistrates' court to deal with attempt criminal damage/summary offence.

Licensing

"Kerry Barker (Guildhall chambers) acts for licence holders, local authorities and the police on liquor licensing matters and is noted for his expertise in appellate work. Barker is also well known for his extensive pre-bar experience in the administration of licensing and betting and gaming committees. Expertise: he is extremely experienced and very familiar with Divisional Court appeals. He is knowledgeable, calm and persuasive" - Chambers UK 2014.

"Licensing specialist Kerry Barker who prepares thoroughly and cross-examines effectively" - Legal 500 2014

Kerry deals with all aspects of licensing and regulatory work including:

  • Premises licences (for sale of alcohol and entertainment)
  • Members clubs
  • Betting shops and bookmakers
  • Gaming (bingo and casinos)
  • Lotteries and competitions
  • Sexual entertainment venues
  • Sex shops
  • Street trading
  • Gangmasters
  • Scrap metal dealers
  • Homes in multiple occupation
  • Taxis
  • Tattoos
  • Zoos and pet shops
  • Environmental waste

Reported Cases

  • R (Cunningham) v Exeter Crown Court the Times 30th January 2003, [2003] EWHC 184 (Admin), [2003] LLR 335, [2003] Cr App R (S) 64, (2003) Crim L R 340 - For applicant - challenge to refusal to grant a defendant's costs order to a successful appellant in the Crown Court / failure to give reasons.
  • Bristol City Council v Club Crème [2003] LLR 561 - For respondent lap-dancing club to appeal by local authority from decision of magistrates' court - abuse of process - proper approach of the Crown Court to hearing such appeals.
  • McMahon (The Queen on the application of) v Bristol City Council [2001] EWHC 9 (Admin), [2001] LLR 31 - For Respondent City Council with regard to street traders and redesignation of shopping centre streets.
  • R v Merthy Tydfil Crown Court ex parte Chief Constable of Dyfed Powys Police [2001] 1LLR 133, (1999) 37 Licensing Review 14; (1998) The Times December 17 - For Chief Constable - bona fides of police - order for costs in Crown Court.
  • The Chief Constable of Hampshire and the Isle of Wight and others v Green and Green (1999) 37 Licensing Review 21 - For the Licensing Justices - procedure on application for conditional grant of Justices' Licence and right to appeal.
  • Rushmoor Borough Council v Richards [1996] COD 313; (1996) The Times February 5 - For justices - procedure on hearing of appeal from local authority; public entertainments licence; case stated procedure; costs against the justices.
  • Evill v South East Hampshire Gaming Licensing Committee (1995) 21 LicensingReview 14 - For Gaming Licensing Committee - procedure on renewal of Part III registration of proprietary club.

Recommendations


LEGAL 500 2016

Regulatory, Health & Safety and Licensing

Leading Juniors

'Recommended for licensing cases.'


CHAMBERS UK 2016

Administrative & Public Law

Leading Junior - Band 1

Acts for claimaints in challenges to the courts, public bodies and local authorities. His knowledge of licensing and criminal law put him in prime position to offer advice on policing decisions and regulatory matters.

Strengths: "He is very well regarded, precise and has good judgement." "He is a former magistrate's clerk so judges like him because they know what they are getting."


LEGAL 500 2015

Regulatory, Health & Safety and Licensing

Leading Juniors

'He has extensive licensing experience and a reassuring manner with clients'.


CHAMBERS UK 2015

Administrative & Public Law

Leading Junior - Band 1

Maintains a broad practice in public law, encompassing issues of human rights, education, social services and statutory interpretation. He acts on behalf of both local authorities and claimants in judicial reviews and statutory appeals.


LEGAL 500 2014

Regulatory, Health & Safety, Licensing, Regulatory

Leading Juniors

'Recommended for all aspects of licensing law'.


CHAMBERS UK 2014

Licensing

Acts for licence holders, local authorities and the police on liquor licensing matters, and is noted for his expertise in appellate work. Barker is also well known for his extensive pre-Bar experience in the administration of licensing and betting and gaming committees.

Expertise: "He is extremely experienced and very familiar with Divisional Court appeals." "He is knowledgeable, calm and persuasive."

Administrative & Public Law

Handles a range of administrative and public law matters, routinely acting for companies, public bodies or individuals in applications for judicial review.

Expertise: "He is a very solid operator with a good reputation."


LEGAL 500 2013

Licensing

Kerry Barker, who 'prepares thoroughly and cross-examines effectively'.


CHAMBERS UK 2013

Licensing

Kerry Barker of Guildhall Chambers was a Justices' Clerk in Hampshire prior to joining the Bar. His long experience of the field is recognised by sources, who describe him as "a man with a very good legal mind," who "knows his way around the appeal courts and licensing courts." He represented the licensee of Legends Nightclub following repeated attempts to close it down by Dorset Police. Police evidence was scrutinised and challenged at repeated hearings and the licence was saved.


LEGAL 500 2012

Licensing

Kerry Barker is recommended for licensing matters.


CHAMBERS UK 2012

Licensing

Kerry Barker of Guildhall Chambers in Bristol is "steeped in licensing law," having spent his early career as a justice's clerk and a clerk to a Magistrates' Court. Valued by peers and clients for both his many years of experience and his demeanour, "he is a delightful and really likeable man, who works hard, is a good academic and a good all-rounder." He acts for both licensed operators and licensing authorities on liquor, gambling and sexual entertainment-related matters, and has lengthy experience of judicial review and appeal work.


LEGAL 500 2011

Licensing

Kerry Barker, who has 'excellent knowledge of licensing and environmental areas of the law and the experience to match', has a national licensing practice.


CHAMBERS UK 2011

Licensing

Kerry Barker of Guildhall Chambers in Bristol is particularly renowned for his expertise on licensing appeals and is well versed in dealing with administrative law challenges to decisions by local authorities, regulatory bodies, courts and tribunals. His recent cases have included challenges to rulings by magistrates' courts as to party status in licensing appeals, the status of guidance issued by the Gambling Commission, and the nature of hearings before licensing authorities. Sources praise "his responsive and thoughtful attitude and his fine attention to detail."


LEGAL 500 2010

Licensing

Kerry Barker and Susan Cavender 'are specialist licensing practitioners, build a good rapport with the tribunal and are effective cross-examiners'.


CHAMBERS UK 2010

Licensing

Kerry Barker is praised for his experience in dealing with administrative law challenges to decisions made by local authorities, regulatory bodies, courts and tribunals. He also has a considerable practice in prosecuting and defending regulatory offences.


CHAMBERS UK 2009

Licensing

After a brief sojourn at St John's Chambers, Kerry Barker has returned to his first home, Guildhall Chambers. His arrival has significantly boosted the set's reputation for licensing work, due to his impressive national caseload. The introduction of the Gambling Act 2005 proved a boon for him, as it did for so many, as he was able to advise betting and gambling clients and local authorities on the new legislation and the drafting of licensing policies. In the courtroom, he is commended as an "accomplished and experienced advocate;" clients note that he "uses his previous career as a justice's clerk to build up an effective rapport with the tribunal." Another busy year saw him successfully challenge local authority policies on striptease and lap dancing.

CLERK CONTACT INFORMATION

For further information and enquiries please contact:

Crime: Lucy Northeast, Grant Bidwell & Elena Brake

Administrative & Public Law: Lucy Northeast

Memberships

  • Bristol Family Law Bar Association
  • Constitutional & Administrative Law Bar Association
  • Criminal Bar Association

education

  • LLB Hons, London University
  • Bar Finals, Inns of Court School of Law