James specialises in local government, planning, environment, administrative and licensing law. A highly regarded 'double silk', he has a busy practice both in the Court of Session and at Inquiry whilst maintaining his English practice. He is ranked under Administrative & Public Law, Licensing, Planning & Environment and Real Estate Litigation in the latest edition of Chambers & Partners UK for his work at the Scottish Bar: -
“James is top of the field and my go-to for planning and public law. He can cut through to the heart of the matter.”
“James always has the ear of the court and is a very assured advocate.”
“James is Scotland's leading planning silk. He has exceptional levels of advocacy and is a master tactician.”
“It's a delight to work with James Findlay KC. He is user-friendly and cooperative.”
“James Findlay is very experienced and a safe pair of hands who is extremely skilled on his feet in court.”
“James is the preeminent environmental lawyer in Scotland; he has an incredible depth of knowledge, and his advocacy skills are outstanding.”
“James Findlay is tactically and strategically very astute”
Chambers UK, 2026
He is also ranked under Local Government and Planning for his work at the English Bar: “ James has a superb legal brain combined with an easy-going manner, which makes for incredibly effective advocacy.” Chambers UK, 2026
James is also recognised in the latest edition of the Legal 500 for his work at the Bars of Scotland and England & Wales: “James is hugely responsive and supportive. Clients love him - he's practical and commercial, and they know he is fighting for them. He's very persuasive on his feet.” Legal 500, 2026
James is Chair of the Scottish Planning, Local Government and Environmental Bar Group (SPLGEBG) and regularly lectures and writes articles on a wide variety of planning and environmental matters.
Biography
Planning and environment
James acts for a large number of both private and public clients at inquiry and in the courts at all levels. With respect to Scottish cases he has appeared in the Supreme Court for Dundee City Council in Tesco v Dundee. He acted for Mrs Uprichard in March 2013 on her ultimately unsuccessful appeal against the decision of the Inner House dismissing her challenge to the Fife Structure Plan, but for which she obtained a Protective Expenses Order. He appeared in Trump v Scottish Ministers for Trump and most recently he obtained permission to appeal to the Supreme Court in the Elsick challenge but did not subsequently appear.
Private client
- Retail: He has advised on or acted in several "supermarket battles" for landowners and/or developers. He acted for British Land in an Inquiry concerning Fort Kinnaird and obtained permission for retail development adjacent to Inshes roundabout in Inverness. He has recently advised Tesco on a number of possible Judicial Review challenges to permissions for rival operators.
- Housing: He has represented a number of housing developers, including Gladman, Taylor Wimpey, Mactaggart and Mickel and Graham's Dairy in various legal challenges. He has also acted for and advised many other private clients including Hallam Land and the Lamberkin Trust in respect of major housing developments in central Scotland. He successfully challenged the amendment to SPP, which sought to remove the tilted balance, and is currently advising a wide variety of parties as to the implications of NPF4.
- Windfarms & quarries: He acted for Cemex at their inquiries into their promotion of an expansion of their quarry close to the New Lanark World Heritage Site and is acting for an operator in Perthshire seeking to appeal a refusal of an application to expand its operation. He has acted for a number of applicants for windfarms, including Fauch Hill and Ecotricity, and for third parties in seeking to resist new windfarms.
- CPO: He is currently advising a number of clients on a wide variety of CPO matters, including Electricity Act claims. He acted for Auquhirie Land Company in the Inner House, successfully resisting an appeal against a decision in their favour by the Lands Tribunal. More recently he has had involvement in a number of claims before the Lands Tribunal arising out of the AWPR and represented Countesswells in its claim under the Electricity Act.
- Environment: He acted for the RSPB in their challenges concerning offshore windfarms, and he acted for Mr Gibson in his appeal in the Inner House against a refusal for a PEO. He is currently acting and advising in respect of several other environmental judicial reviews.
- Other: He acted for Aberdeen Football Club in the Judicial Review of the planning permission for a new stadium and acted for HIE in both the Land Court and Outer House in support of its proposal for a Spaceport in Caithness. He has advised a number of private clients as to roads matters, including extent of roads and rights of access.
Local planning authorities
- Wind farms: He has appeared for Highland Council at many inquiries over a number of years and continues to do so. He also acted for PKC and recently for Aberdeenshire Council. He has advised a number of other authorities on wind and mining issues, including East Ayrshire. He has also appeared for NatureScot (formerly SNH) both with Highland Council and South Lanarkshire and Dumfriess & Galloway Councils and most recently Aberdeenshire Council.
- Quarries and waste: He appeared for Highland Council in respect of a proposed quarry near Muir of Ord and at the WTE application at Invergordon and has appeared at a further WTE inquiry for PKC (appeal dismissed).
- Historic Buildings: He is acting for East Ayrshire Council in the Loudoun inquiry, which concerned the extent of enabling development to stabilise a ruined castle. and acted for Argyle and Bute Council in their defence against a Judicial Review based on impact on listed buildings.
General local government
He has considerable general local government expertise in nearly all areas of such work.
He has successfully appeared in the Outer House for Clackmannanshire Council resisting a claim for damages by Sidey Limited following a flawed procurement exercise. He appeared as Junior Counsel with James Mure Q.C. in the Inner House and Supreme Court in an appeal on the interpretation of an option in a lease - Multilink v North Lanarkshire Council - successfully on both occasions. He appeared with Roy Martin Q.C in Portobello Park Residents appeal to the Inner House concerning the Council's attempt to appropriate inalienable common good land and more recently in East Renfrewshire Petitioner. He appeared for Angus Council initially resisting a judicial review as to their handling of the disposal of a sports hall, a case also involving common good land, which was overturned on appeal. He recently advised North Lanarkshire Council in respect of various drainage matters and the responsibility of SEPA for public drains. In terms of advice work, James has advised on numerous other planning and other matters, including the impact of a SPA on peat extraction permissions, vires and Councillor conduct.
Licensing
Amongst various licensing matters he appeared throughout for BP, led by Sir Menzies Campbell Q.C., in its appeals relating to the sale of alcohol in shops on garage forecourts. He also subsequently acted for BP against Falkirk and recently succeeded in a challenge against Stirling's licensing board. He represented Corinthian Clubs in the review of their casino premises licence and acted for MAB bookmakers in their appeal against a refusal of a betting office in Orkney. He has acted in a number of licensing challenges - from disputes under the Wildlife and Countryside Act to road traffic regulation orders and to vehicle licensing and to the proposed licensing legislation for AirBnB.
Commercial
He acted for Disclosure Scotland in a £5M plus breach of contract claim which settled during proof and acted for North Lanarkshire Council on a similar high value contract claim, which was settled by mediation. He has advised in a contentious cross border dispute between three professional bodies and appeared at arbitration and on appeal in the Court of Session on a valuation dispute of property acquired under an option. He acted in a partnership dispute involving Shore Porters, which ultimately settled following mediation.
Appointments
- Chairman, Terra Firma Chambers, 2023 to date
- Vice-Chairman, Terra-Firma Chambers, 2017 to 2023
- Standing Junior to the Scottish Government, 2013 to 2017
- Joint Head of Cornerstone Chambers, July 2025
Memberships
- Chairman of the Scottish Planning, Local Government and Environmental Bar Group (SPLGEBG), 2014 to date
Articles & Commentary
Recent Cases
House of Lords/Supreme Court cases:
- Trump v Scottish Ministers [2015] UKSC 74
- Uprichard v Scottish Ministers [2013] UKSC 21
- Tesco Stores Ltd v Dundee City Council [2012] UKSC 13
- Welwyn Hatfield v SOSCLG [2011] UKSC 15, [2011] 2 A.C. 304
- Multilink Leisure Developments v North Lanarkshire Council [2010] UKSC 47
- R (Sacker) v West Yorkshire Coroner [2004] UKHL 11
- Al-Ameri v RBKC [2004] UKHL 4
- Birmingham v Oakley [2001] 1 A.C. 617
Scottish Cases:
- Taylor Wimpey UK Ltd v Scottish Ministers [2023] CSIH 2
- Edinburgh Crematorium Ltd v East Lothian Council [2022] CSOH 79
- Countesswells Development Ltd v Scottish Hydro Electric Transmission Lands Tribunal (Scotland) 2022 4WLUK 487
- Scottish Creel Fishermen's Federation v Scottish Ministers [2021] CSIH 68
- Trees for Life v NatureScot [2021] CSOH 108
- Keasim Ltd v City of Glasgow Licensing Board [2021] SC GLW 57
- West Dunbartonshire Council v Scottish Ministers [2021] CSIH 49
- North Lanarkshire Bio Power Ltd v Scottish Ministers [2021] CSIH 47
- Highlands and Islands Enterprise v Melness Common Grazings [2021] SLC/77/20
- Wildland Ltd v Highland Council [2021] CSOH 87
- Stornoway Windfarm Ltd v Crofters having rights in the Stornoway Windfarm Site (no.5) [2021] SLC/59/17
- Graham's The Family Dairy and Others in the Petition of Elan Homes Scotland Limited for Judicial Review [2021] CSOH 74
- Guild v Angus Council [2020] CSIH 50
- Crofters having rights in the common grazings of Sandwickhill North Street v Crofting Commission [2020] CSIH 49
- Wyness v SHEPD plc [2020] R.V.R. 312
- Liddell v Argyll and Bute Council [2020] CSIH 30
- Gladman Developments v Scottish Ministers [2020] CSIH 28
- Bridges Antonine LLP v North Lanarkshire Council [2020] CSOH 38
- Guild v Angus Council [2020] CSOH 16
- Liddell Petitioner [2019] CSOH 57
- Crofters of Aignish etc. v The Crofting Commission (Scottish Land Court 17 July 2019)
- Gladman Developments Limited v The Scottish Ministers [2019] CSIH 34
- No Kingsford Stadium Limited v Aberdeen City Council [2019] CSIH 19
- Stornoway Windfarm Limited v Crofters (Scottish Land Court 1 March 2019)
- Grahams The Family Dairy Limited and Mactaggart and Mickel Homes Limited v The Scottish Ministers [2019] CSIH 3
- William Grant & Sons Distillers, Petitioner [2018] CSOH 27
- Byrom v City of Edinburgh Council [2018] CSIH 3
- Byrom v City of Edinburgh Council [2017] CSOH 135
- Wildland v Scottish Ministers [2017] CSOH 113
- SHET plc v Auquhirie Land Co Ltd [2017] CSIH 39
- RSPB v Scottish Ministers [2017] CSIH 31
- Douglas v Perth and Kinross Council [2017] CSIH 28
- Walgate & Raeshaw v Scottish Natural Heritage [2017] CSOH 50 & 51
- Douglas v Perth and Kinross Council [2016] CSOH 167
- Angus Estates (Carnoustie) LLP v Angus Council [2016] CSOH 145
- North Lanarkshire Council v Scottish Ministers [2016] CSIH 69
- Auquhirie Land Co Ltd v Scottish Hydro Electric Transmission Plc Lands Tribunal 10 August 2016
- RSPB v Scottish Ministers [2016] CSOH 103-6
- Co-operative Group Ltd v Glasgow City Council [2016] CSOH 88
- Gibson v Scottish Ministers [2016] CSIH 31
- STEPAL v Fife Council [2016] CSIH 22
- Glenmorie Wind Farm Ltd v Scottish Ministers [2016] CSOH 34
- Scarborough Muir Group Ltd v Scottish Ministers [2016] CSIH 5
- Stewart Milne Group Ltd v Scottish Ministers [2015] CSIH 89
- BAM Properties v City of Edinburgh Council 2015 S.L.T. (Lands Tr) 207
- Retail Property Holdings Ltd v Renfrewshire Council & Scottish Ministers [2015] CSIH 69
- Coal Pension Properties Ltd v Scottish Ministers [2015] CSIH 57
- Trump International Golf Club Scotland Ltd v Scottish Ministers [2015] CSIH 46
- Friends of Loch Etive v Argyll and Bute Council [2015] CSOH 61
- St Andrews Environmental Protection Association Limited [2015] CSOH 27
- Tummel Valley Leisure Ltd v Scottish Natural Heritage 2015 S.L.T. (Land Ct) 117
- Tesco Stores Ltd v Perth & Kinross Council [2014] CSOH 153
- Highland Council v Scottish Ministers [2014] CSIH 74
- East Renfrewshire Council (Petitioner) [2014] CSOH 129
- Friends of Loch Etive, Petitioner [2014] CSOH 116
- Pilkington Trustees v Scottish Ministers [2013] CSOH 147
- Asif v Scottish Ministers [2013] CSOH 132
- Cairngorms Campaign & Others v the Cairngorms National Park Authority [2012] CSOH 153, [2013] CSIH 65
- Portobello Park Action Group Association v City of Edinburgh Council [2012] CSIH 69
- Packard v Scottish Ministers [2011] CSOH 93
- Bova and another v The Highland Council and BDW East Scotland Limited [2011] CSOH 140; [2013] CSIH 41
- Sidey Ltd v Clackmannanshire Council [2011] CSOH 194, 2012 SLT 334
- Uprichard v Fife Council [2010] CSOH 105, [2011] CSIH 77 (now on appeal to Supreme Court)
- Dawn Developments Ltd v South Lanarkshire Council [2011] CSOH 170
- BP Oil (UK) Ltd v City of Edinburgh [2011] CSIH 29 (and in Sheriff Court)
- Roadsense v Scottish Ministers [2011] CSOH 10, 2011 SLT 889
- Multi Link Leisure Developments Ltd v North Lanarkshire Council [2009] CSIH 96
- Sainsbury's Supermarkets Limited v Perth and Kinross Council [2009] CSOH 138
English & Welsh cases: