Articles

Here you will find articles written by our barristers in leading newspapers, industry journals and the legal press.

The importance of bringing a homelessness appeal in time… 31 October 2019

Adrian Davis examines the High Court’s decision in Bibi Emambee v The London Borough of Islington [2019] EWHC 2835 (QB), in which Mr Justice Stewart dismissed Ms Emambee’s appeal against the county court judge’s refusal to extend time for bringing a homelessness appeal under section 204(2A) of the Housing Act 1996.

An NHS Foundation Trust v AB [2019] – Family Law Week case summary 28 October 2019

It was in the interests of AB to be fitted with an intrauterine contraceptive device when she underwent a caesarean section with a spinal anaesthetic.

O (Children) [2019] – Family Law Week case summary 21 October 2019

The case concerned an appeal against a committal of the appellant mother who had failed to comply with orders to return the parties’ children to Mexico.

LCC v AB [2019] – Family Law Week case summary 14 October 2019

Application by Lincolnshire County Council to determine whether a 51-year-old-man had capacity with regards to his contact with sex workers.

London Borough of Croydon v KR & Anor [2019] – Family Law Week case summary 7 October 2019

The case concerned an application by a Local Authority (LA) for an injunction under the Court’s inherent jurisdiction to prevent KR from living together with his wife ST.

Redcar & Cleveland Borough Council v PR & Ors [2019] – Family Law Week case summary 16 September 2019

Cobb J concluded proceedings and determined whether it had been right to use the inherent jurisdiction to make interim injunctive-type orders in respect to a capacitous but apparently vulnerable adult.

Adrian Davis successfully defends Newport City Council’s Gypsy and Traveller site allocations policy in judicial review 4 September 2019

The claimant’s principal argument was that the policy was unlawful because the council had failed to comply with the public sector equality duty in section 149 Equality Act 2010. This case shows that if local authorities carry out (and record) comprehensive equalities assessments of their policies, it is likely to be very difficult for claimants to successfully argue a failure to comply with the public sector equality duty.

Can you run a discrimination argument in a s.204 Housing appeal? 12 August 2019

Jonathan Pennington Legh discusses the Court of Appeal judgment in Adesotu v Lewisham London Borough Council [2019] EWCA Civ 1405 which was handed down on 2 August 2019.

W v L (Forum Conveniens) [2019] – Family Law Week case summary 5 August 2019

The court determined a child (M) to be habitually resident in England and Wales and that the English court had jurisdiction regarding matters pertaining to parental responsibility.

Livewest Homes Limited v Bamber: possession orders and requirement to give not less than 6 months’ notice where the tenancy expired by effluxion of time not by earlier termination 31 July 2019

Jared Norman considers the case of Livewest Homes Limited v Bamber [2019] EWCA Civ 1174. Section 21 has become a minefield for landlords who let properties under assured shorthold tenancies. The Livewest case is of particular relevance to social landlords who have entered into fixed term tenancies of more than two years and/or where they are operating a break clause. 

PSED and Possession Proceedings 31 July 2019

Social landlords subject to the public sector equality act duty can take some comfort in the fact that the Court of Appeal has dismissed a second appeal against a possession order notwithstanding a breach of the PSED.

Birmingham City Council v SR; Lancashire County Council [2019] – Family Law Week case summary 30 July 2019

Applications for authorisation of care plans, inter alia, for deprivation of liberty [‘DoL’] of restricted patients under ‘Hospital Orders’.

Yavuz Yildiz v London Borough of Hackney: the interaction between section 83(1) and Ground 15A of the Housing Act 1985 24 July 2019

The Court of Appeal handed down its judgment in the case of Yavuz Yildiz v London Borough of Hackney on 24 July 2019, a case which examined the interaction between section 83(1) and Ground 15A of the Housing Act 1985.

University Hospitals Plymouth NHS Trust v B (Urgent Medical Treatment) [2019] – Family Law Week case summary 16 July 2019

Urgent application by the treating Trust to permit treatment in respect a 16-year old girl, B, refusing treatment.

Divorce and separation:  keeping the taxman out 7 July 2019

Separation is a traumatic time for most people.  On top of the upheaval, you’re unlikely to want to pay tax when you divide up the assets if you don’t have to.

Gray v Hurley [2019] – Family Law Week case summary 29 June 2019

Judgment in Queen’s Bench Division providing international family lawyers with a meticulous overview on establishing forum.

Intentional homelessness and “affordability” – the Supreme Court’s decision in Samuels v Birmingham City Council [2019] UKSC 28 20 June 2019

Part VII of the Housing Act 1996 provides that local authorities are under a full duty to secure accommodation to a person found homeless, if certain conditions are satisfied, one of which is that they are not satisfied that she “became homeless intentionally”.

Re NY (A Child) [2019] – Family Law Week case summary 19 June 2019

A mother’s unsuccessful appeal against an order for the summary return of a child to Israel.

Beyond reasonable doubt: the use of experts in Environmental Protection Act 1990 prosecutions 12 June 2019

District Judge Moore sitting at the Magistrates Court in Bexley handed down judgment in Williams v London & Quadrant Housing Trust. There were some lessons in her judgment regarding the use of experts in Environmental Protection Act 1990 prosecutions.

Dorset Council v E (Article 15 BIIR) (Rev 1) [2019] – Family Law Week case summary 7 June 2019

A request by the Slovakian Central Authority (SCA) to transfer proceedings to the Slovakian courts pursuant to Article 15 of Brussels II Revised Regulation (BIIR) was refused by His Honour Judge Dancey sitting as a section 9 judge.

Cost awards in Environmental Protection Act 1990 prosecutions 16 May 2019

Local authority and social landlords have seen an increase in recent years in private prosecutions brought against them under section 82, Environmental Protection Act 1990 (“1990 Act”).

Repeat possession claims and cause of action estoppel 28 April 2019

In Salix Homes v Mantato [2019] EWCA Civ 445 the Court of Appeal considered whether cause of action estoppel prevents a landlord obtaining a possession order on rent arrears grounds where there is an existing undischarged order for possession on the basis of earlier arrears, and for payment of those arrears.

Thum v Thum [2019] – Family Law Week case summary 26 April 2019

Mostyn J refused an application by a husband to revoke a disclosure order made during financial remedy proceedings.

The improvement vs repair distinction; Tenant liable for £25,000 replacement heating system 13 March 2019

Jonathan Pennington Legh discusses the Upper Tribunal (Lands Chamber) case of London Borough of Southwark v Baharier.

Rashid v Nasrullah – Adverse possession when you’re the registered proprietor? 12 March 2019

Is it possible to be in adverse possession of land of which you are the registered proprietor ? Yes, says the Court of Appeal in Rashid v Nasrullah.

Relief against the Forfeiture Rule in respect of suicide with the assistance of Dignitas 25 February 2019

The criminal offence of assisting or encouraging suicide has recently attracted press coverage and political discussion. That attention focuses on the risks of prosecution and imprisonment, but for many families the financial consequences will be of equal or greater importance.

Damages and Article 8 23 January 2019

The High Court has dismissed a claim for damages in respect of accommodation provided under section 17, Children Act 1989 which was alleged to be in breach of article 8. Emma Godfrey of Field Court Chambers appeared for the respondent authority.

AEY v AL (Family Proceedings Civil Restraint Order) [2018] – Family Law Week case summary 29 November 2018

Knowles J refused seven applications by a father for permission to appeal and made an extended civil restraint order.

Manchester City Council Legal Services v LC & Anor [2018] – Family Law Week case summary 23 October 2018

Judgment of Hayden J in the Court of Protection in a case in which His Lordship recognises the need for public debate and further consideration as to “whether the MCA, by collateral declarations, is apt to limit the autonomy of individuals in spheres where they are capacitous”.

Guidance on religious observance from Court of Protection 1 October 2018

Genevieve Screeche-Powell considers the guidance given by Mr. Justice Cobb on the difficult and sensitive question of the observance of Islamic religious practice for an adult lacking capacity in the case of Re IH (Observance of Muslim Practice) [2017] EWCOP 9.

Kelly v Pyres [2018] – Family Law Week case summary 13 June 2018

Court of Appeal judgment overturning a judgment which had found that a wife had acquired a domicile of choice in England.

The Court of Appeal rules certain selective licensing conditions unlawful 12 April 2018

Alistair Cantor considers Brown v Hyndburn Borough Council [2018] EWCA Civ, a case with important implications for many local authorities.

Re C (A Child) [2018] – Family Law Week case summary 16 March 2018

Unsuccessful appeal to the High Court by a mother against a decision which transferred the residence of C to her father.

Severing an LPA 20 September 2017

Joshua Swirsky considers The Public Guardian’s Severance Applications [2017] EWCOP 10 in which District Judge Eldergill gave guidance following 17 applications by the Public Guardian for LPAs to be severed.

Local authority’s Care Act assessment and related decisions quashed on judicial review 8 September 2017

Alistair Cantor considers a recent decision of the Administrative Court in R (on the application of JF) v London Borough of Merton [2017] EWHC 1519 concerning the lawfulness of a Care Act assessment and associated decisions made by the local authority in respect of the termination of an existing placement and the suitability of a proposed new placement.

Sufficiency of funding for the deprivation of liberty regime 30 July 2017

Jonathan Cowen considers the decision of the Administrative Court in R(Liverpool City Council and others) v The Secretary of State for Health [2017] EWHC 986 (Admin) in which four local authorities challenged the sufficiency of funding for the deprivation of liberty regime.

R(KA & NBV) v LONDON BOROUGH OF CROYDON 11 July 2017

If the young person wishes to challenge the age assessment he has to then obtain legal advice and, if appropriate, see an interim injunction. Sometimes the interim relief is applied for after the young person has been dispersed.

The 2 applicants in these cases that were heard together were from Afghanistan and Vietnam respectively. There was nothing remarkable about the facts of either case. Both raised factual issues that are to be tried by the Upper Tribunal, however, Popplewell J ordered that a ‘rolled up’ hearing to consider the challenge to LBC’s practice.

Accommodation pending age assessments 3 July 2017

Hilton Harrop-Griffiths considers the decision of the Administrative Court in R (S) v Croydon LBC [2017] EWHC 265 and the duty on local authorities to accommodate a young person pending the determination of an age assessment.

Air BnB – a warning for its members 13 June 2017

Jonathan Pennington Legh looks at the problems that generally arise for the home owner in relation to mortgages and leases.

The Supreme Court rules on the appropriate rate of deductions for striking workers in Hartley and others v King Edward VI College [2017] UKSC 39 6 June 2017

Alistair Cantor reviews the Supreme Court’s decision on the appropriate rate of deductions from pay for striking workers. The ruling is likely to have implications for most professionals on annual contracts paid monthly.

Does section 20 of the Children Act require the consent of parents? The Supreme Court is to decide. 6 June 2017

On 26 January 2017, the Court of Appeal handed down its decision in London Borough of Hackney v Williams and anor [2017] EWCA Civ 26, departing from a long chain of Family Court judgments highlighting the necessity for local authorities to obtain the informed consent of parents prior to accommodating children under section 20.

Lauren Suding considers AP v Tameside, which addressed limitation issues in deprivation of liberty claims under the Human Rights Act 1998, and in particular, when is it equitable to extend time? 30 May 2017

In January 2017, the High Court handed down judgment in AP (by his litigation friend, BA) v Tameside Metropolitan Borough Council [2017] EWHC 65 (QB), concerning the preliminary issue of limitation in Human Rights Act claims.

The role and limited powers of the Court of Protection 22 May 2017

Sarah Salmon considers the Supreme Court judgment in N v A Clinical Commissioning Group and others [2017] UKSC 22; [2017] 2 WLR 1011, a case described from the outset to be about the “jurisdiction” of the Court of Protection. It was, in fact, as Lady Hale noted, unfortunate that the case had been put this way: it was about the role of the Court of Protection and the approach that should be taken in light of its limited powers.

Right to accommodation under s.193 Housing Act 1996 is not a “civil right” for purposes of Art 6 ECHR 16 May 2017

Emma Godfrey looks at Poshteh v Royal Borough of Kensington & Chelsea [2017] UKSC 36 where the Supreme Court has revisited the question of whether decisions by local housing authorities as to the duty owed under Part VII Housing Act 1996 amount to the “determination of a civil right” which engages the right to a hearing before an impartial and independent tribunal under art 6 ECHR.

Dreamvar (UK) Ltd v Mishcon de Reya (a firm) and another [2016] EWHC 3316 (Ch) 14 May 2017

In attempting to purchase a vacant unencumbered property, without itself relying on the funds of a mortagee lender, Dreamvar fell victim to identity fraud.

Alistair Cantor considers MR v SR, a case which serves as a cautious reminder that the general rule that parties bear their own costs in Court of Protection proceedings, can be displaced in cases of unreasonable conduct. 2 May 2017

M, the daughter of N, a 68-year-old female, brought proceedings under s15 of the Mental Capacity Act 2005 for a declaration that it was not in N’s best interests to continue to receive life-sustaining clinically assisted nutrition and hydration via an endoscopic tube. 

Validity of notices under s.128, Housing Act 1996 – notices, letters and information leaflets 2 April 2017

The Court of Appeal has held that, as a matter of statutory construction, a notice of proceedings served in relation to an introductory tenancy under s.128, Housing Act 1996 can satisfy the necessary requirements even if the information is contained in more than one document. Whether the requirements are satisfied, however, will be a question of objective fact in every case.

HMO licensing – restrictions on the type occupier 30 March 2017

Sarah Salmon looks at the Court of Appeal’s decision in Nottingham City Council v (1) Parr and (2) Trevor Parr Associates Ltd [2017] EWCA Civ 188 which considers whether or not licence conditions imposed under the HMO regime in the Housing Act 2004 could restrict the type of occupier who could live in the accommodation.

Married couples and civil partners vs. couples living together as husband and wife – succession rights under the Housing Act 1985 30 March 2017

Sarah Salmon looks at the Court of Appeal’s decision in Turley v (1) Wandsworth LBC and (2) Secretary of State for Communities and Local Government which was another challenge to the succession regime under the Housing Act 1985 albeit following amendments made by the Localism Act 2011 (which did not apply to this case) and future amendments, should they be brought into force, under the Housing and Planning Act 2016.

Justifying indirect discrimination – leave the aim alone 29 March 2017

Grace Cheng looks at the Court of Appeal’s decision in Harrod and Others v. Chief Constable of West Midlands Police and Others, where the Court gives helpful guidance on the appropriate focus for tribunals considering indirect discrimination claims.

Disproportionate and/or unreasonable: does one amount to the other? 21 March 2017

Alistair Cantor looks at the Court of Appeal’s decision in Georgina O’Brien v Bolton St Catherine’s Academy on the relationship between the tests of disproportionality under s15 EqA and that of unreasonableness under s98(4) ERA.

Religious Dress Codes at Work 15 March 2017

Nikolas Clarke considers the CJEU’s controversial decision in Achbita v. G4S Secure Solutions NV on the lawfulness of banning staff from wearing religious dress.

Unproven disability, harassment and victimisation 8 March 2017

Lauren Suding summarises the EAT’s decision in Peninsula Business Services Ltd v Baker.

Court of Appeal dismisses appeal against decision that the state is indirectly responsible for a private deprivation of liberty in circumstances where a deputy is administering a personal injury payment. 27 February 2017

Jonathan Cowen summarises the Court of Appeal’s recent judgment in Secretary of State for Justice v Staffordshire County Council and others [2016] EWCA Civ 1317

Court of Appeal on Worker Status 16 February 2017

Lauren Suding explains the Court of Appeal’s reasoning in Pimlico Plumbers v Smith and examines implications for the gig economy.

Amendments to add whistleblowing claims and EAT powers to make the ET’s case management orders 6 February 2017

Francis Hoar summarises the principles in the Court of Appeal’s judgment in Kuznetsov v. Royal Bank of Scotland, where the Court gave guidance on amendments to add whistleblowing claims, the EAT approach to making case management orders without remission, and the need for promptness in applying for cost protection orders.

Landmark Court of Appeal ruling today permits local authorities to accommodate children under s. 20 without parental consent 26 January 2017

Christine Cooper and Eirwen Pierrot represented the Claimants in this important case.

The European Court of Human Rights’recent judgment in the case of Cervenka v The Czech Republic 23 January 2017

The European Court of Human Rights’ once again considers the position of those who are detained against their wishes as a result of mental illness.

Re FD (inherent jurisdiction: power of arrest) [2016] EWHC 2358 17 January 2017

Hilton Harrop-Griffiths considers whether the High Court has jurisdiction to attach a power of arrest to a non-molestation injunction, granted under its inherent jurisdiction, for the benefit of a vulnerable adult.

Honour-based violence and forced marriage in public law children proceedings 4 January 2017

Francis Wilkinson recently led Lauren Suding in public law children proceedings with an international element, in which interim Forced Marriage Protection Orders (FMPO) had previously been made in respect of the children’s older siblings. A referral was made to the local authority after the police were contacted by the older siblings in relation to the forced marriages.

Joshua Swirsky appeared in an important case that provides some guidance as to the use of dental age assessments 21 December 2016

Joshua Swirsky appeared for the London Borough of Croydon in an important case in the Upper Tribunal which gives general guidance on the use of evidence of dental development in the assessment of age.

Finance and Business Training: the UK VAT education exemption and fiscal neutrality 7 March 2016

The principal issue facing the Court of Appeal in Finance and Business Training v HMRC was whether EU law meant that a provider of university courses was entitled to the VAT education exemption in the same way as a university, even if not so entitled under UK VAT law.

If, on an application to determine a boundary pursuant to s. 60(3) Land Registration Act 2002, a Judge of the FTT concludes that the plan upon which the application is based does not accurately plot the point of junction can he then go on to determine its true position ? 2 March 2016

Minority interest – perhaps – but according to HHJ Dight, sitting as a Judge of the Upper Tribunal in Murdoch v Amesbury [2016] UKUT 3 (TCC), the answer in “No.”

Must a landlord account to his tenant for rent paid in advance under the lease if the lease comes to an end within the period to which the rent relates ? 22 February 2016

No, said the Supreme Court in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72.

Probate Roundtable 2 February 2016

Miles Croally recently participated in Private Client Adviser’s ‘Best of Intentions’ roundtable discussing elements of best practice in estates administration and probate.

Going public on local authority failings 18 January 2016

Matthew Stott, considers the implications of the decisions in Re A, B, C, D and E (Children) where the local authority professionals involved were named by the court.

Costs in Family Proceedings 8 January 2016

Costs in Family Proceedings explains the rules and procedure relating to costs and funding in all family proceedings, co authored by Francis Wilkinson and Dr. Sara Hunton.

Sock line hyperpigmentation: an elasticated truth? 7 December 2015

Matthew Stott writes for Jordan’s Family Law on the importance of potentially being aware of sock line hyperpigmentation (SLHP) as it mimics child abuse.

Justice also has physical foundations 24 September 2015

Michael Reason discusses the importance of tradition in the rule of law and how physical buildings support that tradition.

Navigating the unknown 21 April 2015

Christopher Stirling writes for the Private Client Adviser on how to secure a share in a property held under one name

Fraud unravels all 5 March 2015

Christine Cooper writes for the Private Client Advisor on care fees

Placing children with family members 22 January 2015

Hilton Harrop-Griffiths and pupil barrister Eirwen Pierrot write for Local Government Lawyer

After-Care options 5 December 2014

Hilton Harrop-Griffiths writes for Private Client Adviser

Business and Corporate Responsibility in Russia 5 November 2014

Bill Bowring writes for Who’s Who Legal exploring the nature of corporate responsibility in Russia and the country’s status in the global economic order.

Can A Consent Order Be Set Aside In Financial Proceedings? 4 June 2014

Francis Wilkinson writes for Family Law Week asking whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order