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We specialise in Planning, Housing, Property, Public, Licensing and Regulatory Law

Ian Albutt


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Property - Local Authorities
Planning - Private Sector
Planning - Local Authorities, Wales
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Planning - Local Authorities
Licensing - Local Authorities
Housing - Private Sector
Housing - Local Authorities
Community Care

Recent Key Cases

No Duty to Review Institutional Abuse or Neglect R (Deeqa Mohammed) V Local Safeguarding Board for Islington

Cobb J 27/11/2014 Administrative Court In an important test case Cobb J has found that public bodies offering safeguarding services to children  are not obliged to investigate alleged institutional abuse [...]

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See full text of case
Not Like Cranmer: Changes to Test for Capacity to Consent to Sex A Local Authority V TB

INTRODUCTION Mostyn J has refined the approach of the courts to the question of what information a person must be able to understand if they are to be able to [...]

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No Bias against Double Glazing

The High Court has dismissed an appeal brought by the owner of a Grade II listed farmhouse, in which it was alleged that an Inspector had displayed bias against double [...]

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Lawfulness under the GPDO

The High Court has recently ruled on two aspects of the interpretation of the General Permitted Development Order (GPDO). The first point is likely to be of relatively limited application, [...]

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Norwich Northern Distributor Road DCO Examination ends

The Examination into the DCO application for the 20 km dual carriageway Norwich Northern Distributor Road (NDR) ended on 2 December 2014. The NDR is a £149 m highway scheme which [...]

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Bat challenge to housing growth rejected in South Devon

The High Court has rejected a challenge to the adoption of the Teignbridge Local Plan which promotes substantial housing growth in areas affected by the South Hams SAC, which hosts [...]

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Upper Tribunal (Lands Chamber) decided council not ransomed by shooting rights

Wednesday 3rd December 2014 saw the Upper Tribunal (Lands Chamber) decide that the Acquiring Authority should not pay a ransom value for the shooting rights at a site they acquired for [...]

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Down and Out in Kensington and Chelsea?

The Borough’s Basement policy review takes another step towards adoption The Royal Borough of Kensington and Chelsea has received (2 December 2014) an eagerly awaited report from David Vickery, the [...]

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A possession order is always best: Cornerstone Barristers succeed in Supreme Court unlawful eviction case

Today the Supreme Court ruled, in Loveridge (AP) v Mayor and Burgesses of the London Borough of Lambeth, (click here to see the judgment) that statutory damages for unlawful eviction are [...]

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Cherkley Campaign – end of the road.

On Thursday 27th November Aikens LJ upheld the decisions of Jay J (who, after a contested hearing, had refused permission for Judicial Review – [2014] EWHC 3291 (Admin)) and Sullivan LJ [...]

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Cornerstone Trio in Supreme Court Triple Whammy

Bryan McGuire QC, Matt Hutchings and Jennifer Oscroft are instructed to represent Shelter and Crisis in a Supreme Court intervention. In the three appeals of Johnson v Solihull, Hotak v [...]

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Article 8 challenge dismissed by Court of Appeal

Lawal v Circle 33 [2014] EWCA 1514 Jon Holbrook has resisted successfully an occupiers’ efforts under Article 8 to prevent an eviction. The Court of Appeal dismissed the occupiers’ challenges [...]

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Long live the Conventional Monk

The Supreme Court has handed down an eagerly-awaited judgment in the appeal of Sims v Dacorum Borough Council (Respondent) and Secretary of State for Communities and Local Government (Intervener)  [2014] [...]

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Lewisham, Newham and Cornerstone team win in Supreme Court

On 12th November, the Supreme Court handed down judgment in the linked appeals of R(CN) v Lewisham LBC and R(ZH) v Newham LBC [2014] UKSC 62. At the centre of [...]

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Residential scheme in West Sussex considered at Inquiry [2014]

Tom Cosgrove appeared, during November 2014, on behalf of the appellant, Land Fund Ltd, at a major planning inquiry which considered an appeal against a refusal of a scheme for [...]

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Community Wind Farm and Heritage impacts – Roseland Windfarm, Derbyshire [2014]

Tom Cosgrove appeared, during November 2014, on behalf of Bolsover District Council in this important public Inquiry which considered one of the largest ‘community’ wind farm proposals in England. The [...]

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Phillips v Francis appeal allowed - the £250 threshold applies ONLY to “sets” of qualifying works

Service Charge Consultation back on track Phillips v Francis appeal allowed – the £250 threshold applies ONLY to “sets” of qualifying works This morning, in a long-awaited judgment, [2014] EWCA [...]

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Court of Appeal dismisses Core Strategy and Judicial Review challenges based on reasonable alternatives, reasons, error of fact, interpretation of development plan policy, and the meaning of ‘playing field’

In a unanimous ruling (though with split reasoning) the Court of Appeal [Moore-Bick, Beatson, and Briggs LJJ] handed down judgement on Tuesday dismissing a challenge to the grant of planning [...]

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Latest News Stories

Cornerstone Double Triple Whammy at Supreme Court Today

Watch live coverage of a Supreme Court intervention which sees Kelvin Rutledge QC, Ashley Underwood QC and Catherine Rowlands acting for the Respondents, Solihull MBC and LB of Southwark in three appeals, with Bryan McGuire [...]
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Is The Forest of Dean Megabasement PD?

Mark Lowe QC was instructed to fight off the enforcement notice issued by the Forest of Dean DC requiring the demolition of this remarkable sports centre – 2 lane 10 [...]
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£20m fines may follow court guidance

Gerard Forlin QC is quoted in relation to the new consultation exercise.

Click here for the full article.

Local Government Lawyer - Challenging HSE enforcement notices

Gerard Forlin QC and Mike Appleby explain why there is now a greater scope for challenging prohibition and improvement notices and argue that the decision wether to appeal or not is [...]
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Martin Edwards joins Cornerstone

We are delighted to announce the arrival of Martin Edwards, a Planning and Environmental specialist who joins us from Thirty Nine Essex Street. Martin provides advocacy, strategic, tactical and legal [...]
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New closure order provisions in ASB, Crime and Policing Act 2014 successfully pressed into action

Just a month after the new anti-social behaviour provisions came into force, they have already been pressed into action. West Midlands Police, represented by Jack Parker, today successfully obtained a [...]
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Supreme Court upholds notice to quit principles established in Monk

Following on from the Supreme Court’s decision in Sims v Dacorum Borough Council (Respondent) and Secretary of State for Communities and Local Government (Intervener)[2014] UKSC 63 the successful team from [...]
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Penalty hike for health & safety - New Law Journal

Gerard Forlin QC comments on a new sentencing guidelines in New Law Journal.

Click here for the full article

Tougher sentences proposed for health and safety, food safety offences - Local Government Lawyer

Large organisations convicted of the most serious health and safety and food safety offences could face significantly increased sentences, under proposals put out for consultation by the Sentencing Guidelines Council. [...]
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Cornerstone Barristers ranked in Chambers UK 2015

Cornerstone Barristers were delighted to be ranked with no fewer than 54 individual barrister rankings in the latest edition of Chambers UK 2015. Testimonials about Cornerstone include: “It is a [...]
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Anti-Social Behaviour - the New Reforms

Andrew Lane's joint article with Daniel Skinner from Batchelors Solicitors on Anti-Social Behavior.

Please click here to see the article.

Anti-Social Behaviour – the new reforms - Local Government Lawyer

“In this first of two articles Andrew Lane looks forward to the introduction of a number of new ASB “tools” introduced by the Anti-social Behaviour, Crime & Policing Act 2014.” [...]
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Cornerstone headline sponsors of the Institute of Licensing

Cornerstone Barristers are delighted to be Headline Sponsors of the Institute of Licensing National Training Event for 2014

New grounds for recovering possession under The anti-social behaviour, crime and policing Act 2014: social landlords are you ready?

This article sets out the major changes brought in by the Anti-social Behaviour, Crime and Policing Act 2014 as far as it relates to residential possession proceedings. Andrew Lane Please [...]
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Vulnerability and priority need: triple whammy in the Supreme Court

The Supreme Court, which was already considering the case of Hotak v Southwark LBC will also consider, in a three day hearing, whether permission should be granted in the case [...]
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Housing Newsletter October 2014

Please click here to see our latest housing newsletter

Paul Shadarevian has been appointed as legal advisor

Paul Shadarevian has been appointed as legal advisor to the consortium of developers regenerating Purfleet Town Centre for 2500 houses and a new UK studio and production complex for the [...]
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Supreme Court to consider unlawful eviction

Next week Michael Paget will be appearing in the Supreme Court for Mr Loveridge. He was a secure tenant who was unlawfully evicted by his landlord, Lambeth LBC. The appeal [...]
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