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David Lintott

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Recent Key Cases

Court of Appeal to re-consider statutory incompatibility doctrine in village green cases
22.08.2016

Ashley Bowes has secured permission to appeal for Mr Tim Jones, a local resident, against the judgment of Mr Justice Gilbart in NHS Property Services Ltd v Surrey County Council ...

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Garden Grabbing Case to be heard by the Court of Appeal
17.08.2016

Ashley Bowes has secured permission for Dartford Borough Council to appeal the decision of the High Court in January, which held that residential gardens outside the “built-up area” are previously ...

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Scheme for 30 dwellings in a countryside strategic gap refused notwithstanding a shortfall in housing land supply
10.08.2016

An appeal against Waverley Borough Council’s refusal of planning permission for a 30-dwelling scheme on agricultural land within a strategic gap was dismissed on grounds of harm to the character ...

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Licensing Act 2003 appeals: is JR available if time is short?
28.07.2016

Can judicial review be used to get a quicker decision than appealing to the Magistrates’ Court in a Licencing Act 2003 case? What are the obligations on a sub-committee in ...

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Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
27.07.2016

In a decision that will be of interest to local authorities throughout the country, the Supreme Court has ruled on the meaning of ‘default’ in section 106 of the Building ...

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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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Latest News Stories

Soaring success for James Findlay QC
22.08.2016

Lord Stewart, following an 8 day hearing, has quashed approvals in respect of four large offshore windfarms off the east coast of Scotland accepting the challenge of RSPB, who were ...
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Kuljit Bhogal chairs ResolveASB Conference 2016
04.08.2016

Kuljit Bhogal, Joint Head of Housing at Cornerstone Barristers, is chairing this year’s ResolveASB Conference taking place in Birmingham on 8-9th November 2016. The annual conference is the key event ...
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Estates Gazette: Fail to Plan or Plan to Fail?
03.08.2016

Martin Edwards looks at the challenges facing the planning system in light of the recent Brexit vote, particularly in relation to ongoing issues such as the housing deficit and nimbyism ...
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Cornerstone Housing Newsletter - August 2016
01.08.2016

The latest edition of the Cornerstone Housing Newsletter includes: The Editor speaks…– Andy Lane Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood Recent Housing ...
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Eulogy to Bryan McGuire QC
29.07.2016

A Requiem Mass was held this morning for Bryan McGuire QC.  A long-standing colleague and friend of Bryan’s, Kelvin Rutledge QC, delivered the eulogy. A copy of the transcript is available ...
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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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