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Recent Key Cases

Cornerstone team wins permission to appeal to Supreme Court in leading housing case
12.07.2016

The Supreme Court has granted permission to Suffolk Coastal District Council and Cheshire East Council to appeal the landmark decision of the Court of Appeal in the case of Suffolk ...

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Right of residents of architect-designed self-build scheme to rely on restrictive covenants against extensions upheld by Upper Tribunal
12.07.2016

The Upper Tribunal has upheld the right of residents of a small architect-designed development built in the late 1980s and subject to restrictive covenants seeking to preserve its built form ...

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Cornerstone barristers advise on voluntary right to buy scheme
04.07.2016

Kelvin Rutledge QC and Ashley Bowes were instructed by the Future Housing Review to provide an analysis of the legal implications of the Government’s Manifesto pledge to extend the statutory ...

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Supreme Court consider compensation under the Building Act 1984
23.06.2016

The Supreme Court has today heard an appeal by Hastings Borough Council, represented by Steven Gasztowicz QC and Jack Parker (and earlier by Clare Parry), against a decision that it ...

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No Proportionality Assessment in Private Sector Possession Claims
15.06.2016

The Supreme Court has today issued a landmark ruling which decisively prevents residential tenants and other occupiers in the private sector from raising article 8 defences to possession proceedings brought ...

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Major music festival granted licence
10.06.2016

Philip Kolvin QC today secured a licence for a major music festival, the Boomtown Festival near Winchester. The licence permits events to take place to 4 a.m. with a capacity ...

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High Court rules that Wireless 2016 to go ahead
09.06.2016

The High Court has today held that the 2016 Wireless Festival can go ahead in Finsbury Park on 8 – 10 July, next month. After a 2 day judicial review ...

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Cornerstone and Gosschalks team in Court of Justice of the European Union
02.06.2016

On 1 June 2016,  the Court of Justice of the European Union heard argument in the case of Hemming, the leading case on licensing fees.  The Supreme Court referred the ...

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Coroner orders reopening of Birmingham pub bombings inquests
01.06.2016

The senior coroner overseeing the investigation into the 1974 Birmingham pub bombings has ruled that the inquests into the deaths of 21 people as a result of the bombings should ...

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Philip Kolvin QC appears in Court of Justice of the European Union
01.06.2016

The European Court will today hear the case of Hemming, the leading case on licensing fees. The case, which has been referred to the European Court by the Supreme Court, ...

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Court of Appeal gives guidance on destination of County Court "costs only" appeals
26.05.2016

(1) Ian Handley and anr v Lake Jackson Solicitors (A Firm)/ (2) Vanda Lopes v London Borough of Croydon/ (3) Christie Owen & Davies Limited v Awan [2016] EWCA Civ ...

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Lexis PSL: Interpreting the scope of planning conditions
26.05.2016

Wayne Beglan has written an article for Lexis PSL on the decision in R (on the application of XPL Ltd) v Harlow Council, which concerned the issuing of a breach ...

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Ashley Underwood QC instructed in Historical Institutional Abuse Inquiry in Northern Ireland
24.05.2016

Ashley Underwood QC has been instructed on behalf of a Core Participant in the Historical Institutional Abuse Inquiry in Northern Ireland. The Inquiry is about to commence an investigation into the ...

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Historic Brixton nightclub saved – for now
19.05.2016

Planning permission to redevelop Brixton’s legendary Club 414 for retail and flats was quashed by consent in the High Court yesterday by order of Mr Justice GIlbart. The planning permission, controversially ...

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Affordable housing policy exclusions small sites, and vacant building credit
16.05.2016

  On Wednesday 11th May the Court of Appeal allowed the Government’s appeal on all four grounds against Mr Justice Holgate’s judgment in West Berkshire District Council and Reading Borough ...

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Council lawfully refused to consider post-enforcement notice planning application.
13.05.2016

The High Court has refused permission for a developer to bring judicial review proceedings against South Cambridgeshire District Council’s decision to refuse to consider a planning application. The application sought ...

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Proportionality is not for the Court on an application for judicial review of a local planning authority's decision to take direct action
12.05.2016

Eastwood v The Royal Borough of Windsor and Maidenhead (10/05/16) [2016] EWCA Civ 437 Arden, Floyd, Sales LJJ  David Lintott successfully appeared for the Respondent local planning authority. The Court ...

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St Ives Neighbourhood Plan second homes restrictions: Cornerstone Barristers instructed in JR Challenge
10.05.2016

Following the referendum on the St Ives Neighbourhood Plan, which received the support of 83% of residents, a representative of the development industry has challenged the decision by Cornwall Council ...

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Latest News Stories

Requiem Mass for Bryan McGuire QC
26.07.2016

A Requiem Mass will be held for Bryan McGuire QC at St Paul the Apostle RC Church, Wood Green, London N22, on Friday 29 July 2016 at 9:30 am. The ...
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Costs Lawyer: Right direction
25.07.2016

David Lintott has written an article for Costs Lawyer magazine on guidance recently provided by the Court of Appeal on the destination of county court costs-only appeals. David looks at ...
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Lost luggage, a High Court Judge and a Saudi Prince
22.07.2016

Philip Kolvin QC discusses the issues confronting local councillors and the need for a consistent approach to standards of conduct in an interview with Bloomsbury Professional. Philip looks at two ...
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Gerard Forlin QC speaks at ASEAN Conference on Corporate Governance and Responsibility
21.07.2016

International lawyer Gerard Forlin QC is giving a keynote speech at this year’s ASEAN Conference: “Corporate Governance & Responsibility: Theory meets Practice” taking place in Singapore from 20-22 July 2016. ...
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The Court of Appeal considers suspended possession orders
11.07.2016

On Thursday, 7 July 2016 the Court of Appeal handed down judgment in City West Housing Trust v Lindsey Massey; Manchester & District Housing Association v Vincent Roberts [2016] EWCA ...
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Dean Underwood and Clarke Willmott consider future housing law and policy at House of Lords
07.07.2016

Yesterday afternoon, Dean Underwood joined leading solicitors and key clients Clarke Willmott LLP at the House of Lords to discuss current and future issues in housing law and policy. Dean ...
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Judicial Review: Delegation of Functions - Principles and Recent Perspectives
06.07.2016

Matt Hutchings of Cornerstone Barristers has written an article for Judicial Review on the delegation of functions by public bodies. The article focuses on three aspects of delegation considered in case ...
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Brexit: Planning and the Environment Outside the EU
06.07.2016

The UK vote to leave the European Union raises significant questions around the potential impact on our domestic legislation. EU law is deeply embedded in our planning and environmental protection ...
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Grass roots music venues and licensing in town centres: A conversation with Philip Kolvin QC
05.07.2016

Philip Kolvin QC discusses the difficulties facing the cultural phenomena of grass roots music venues, including the rising desire for city-centre housing, and the burden of licensing legislation, offering his ...
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Practical Law: A view from the Bar
05.07.2016

Mary Cook has written an article for Practical Law which considers whether a unitary authority as a landowner can enter into a section 106 agreement with itself as a local ...
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Health + Safety at Work: Post-Brexit review could look at 'six pack' regs, lawyer predicts
01.07.2016

Removing the EU as the originating authority on UK’s “six pack” of health and safety regulations could trigger a review process, a leading health and safety barrister has predicted. The ...
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Estates Gazette: No end in sight...
27.06.2016

In an article for Estates Gazette, Martin Edwards explores the key changes introduced by the Housing and Planning Act 2016 such as the duties on local authorities in relation to ...
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Matthew Hutchings of Cornerstone Barristers appointed to Junior Counsel to the Crown A Panel
24.06.2016

Cornerstone Barristers is pleased to announce that Matt Hutchings has been appointed to Junior Counsel to the Crown – A Panel. Matt’s appointment will last for a period of five years. To discuss ...
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Head of Cornerstone Barristers warns of legal uncertainty ahead
24.06.2016

Reacting to the Brexit decision, Philip Kolvin QC said: “The Brexit debate has been emotive and political. The consequences for  our legal system have barely figured in it. But EU-inspired ...
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Archbold Review: Hubble, Bubble, Fines and Trouble
22.06.2016

In the second part of an article on the new Sentencing Council Definitive Guidelines on Health and Safety offences, Corporate Manslaughter and Food Safety and Hygiene offences, Gerard Forlin QC provides practical ...
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Inside Housing: Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy
22.06.2016

Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is ...
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Freedom of Information Journal: Personal data in FOIA/ EIRs requests — changes and developments
06.06.2016

Damien Welfare has authored an article for the Freedom of Information Journal which looks at the application of the personal data exemption to information requests and the potential impacts of ...
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LexisPSL: Queen's Speech 2016 - neighbourhood planning
02.06.2016

Wayne Beglan has authored an article for LexisPSL on the key points of interest for local government practitioners in the Queen’s Speech. In particular, Wayne looks at governance and the extent ...
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