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

Gerard Forlin QC


Recent Key Cases

Inspector upholds a disaggregated approach to housing land supply and neighbourhood plan policies in dismissing planning appeal

In a decision issued on the 17th June 2015, an Inspector appointed by the Secretary of State has, following a planning inquiry, dismissed an appeal made against a decision by ...

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Going underground - High Court shines a light on basement development rights

In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the ...

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High Court clarifies extent of ground (f) in enforcement appeals

In the absence of a ground (a) appeal, can the Secretary of State consider under ground (f) alone the planning merits of “lesser steps” which amount to an alternative scheme ...

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Government approves nationally important road scheme

The Norwich Northern Distributor Road (NDR), the first road scheme to be designated under section 35 of the Planning Act 2008 as a project of national significance, has been authorised ...

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Kincora Boys’ Home Judicial Review comes before the Royal Courts of Justice in Belfast

A judicial review seeking to challenge a decision to exclude Kincora boys’ home in Belfast from the scope of the Independent Inquiry into Child Sexual Abuse established by the Home ...

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Crematorium not sustainable development

  Land adjacent The Orchard Restaurant, West Grinstead RH13 8LU Appeal Ref: APP/Z3825/A/14/2216102, 27 May 2015 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. John ...

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Residential appeals dismissed on 5-year housing land supply and impact on non-designated heritage asset issues

Land at Boxbury Hill, Midsomer Norton, Somerset BS39 7SL and Land at Abbotts Farm Close, Paulton, Somerset, BS39 7TA Appeal ref nos: APP/F0114/A/14/ 2215930 & 2214596 Martin Edwards successfully appeared for ...

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Fresh from the Judgment in Hotak v London Borough of Southwark; Kanu v London Borough of Southwark; Johnson v Solihull MBC [2015] UKSC 30  last Wednesday the Supreme Court have ...

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Listed farmstead and associated agricultural land protected from harmful urban sprawl

Land East of Littleworth Lane, Partridge Green, West Sussex RH13 8JB Appeal Ref: APP/Z3825/A/14/2219076, 12/05/15 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. Christopher Boyle ...

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Cornerstone note Supreme Court homelessness judgment

Summary The Supreme Court has this morning handed down judgment in three conjoined appeals – Hotak v London Borough of Southwark; Kanu v London Borough of Southwark; Johnson v Solihull ...

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Hemming – Supreme Court judgment answers questions and raises others

The sex fee wars are set to continue following the long-awaited ruling of the Supreme Court. The Court has cast doubt on the legality of Westminster City Council’s charging regime ...

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Avoiding a Limitation Act defence

A landlord is usually entitled to appropriate a tenant’s payments to a tenant’s oldest debt so as to avoid a Limitation Act defence.  Jon Holbrook explains why the Upper Tribunal ...

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Werrett v Evesham & Pershore Housing Association Ltd [2015] EWHC 1060 (QB) The High Court has rejected an attempt by a defendant of possession proceedings to appeal a decision not ...

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Over the Moon - Restrictive Covenants Within Building Scheme Upheld by High Court

The Chancery Division of the High Court has held that it could infer the existence of a building scheme on the ‘Moon Estate’ in Gerrards Cross and dismissed an application ...

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Borough Traveller Injunction Finalised

On 16 March 2015 the High Court made permanent an interim injunction prohibiting 15 identified members of a travelling family from occupying any one of 26 parks within the London ...

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Community Wind Farm Appeal Refused because of Heritage Impacts

The Secretary of State has dismissed an appeal against the refusal by Bolsover District Council to grant planning permission for one of the largest ever community run windfarms in England. ...

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Supreme Court Judgment in Akerman-Livingstone v Aster Communities Limited

The Supreme Court has given guidance on the approach to be taken to a defence to a possession claim which relies on the Equality Act 2010, disability discrimination. In Akerman-Livingstone ...

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In defence of small licensees - Festac v London Borough of Islington

If you act for a large organisation – a pub or night club chain say – which has had trouble at one of its venues, an experienced licensing practitioner’s first ...

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Latest News Stories

Estates Gazette: An encouraging start

Martin Edwards and Clare Parry have written an article on the Planning Court for Estate Gazette’s Planning Special supplement. The article considers the Court a year on from it’s inception in April ...
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Cornerstone on Councillors’ Conduct

Cornerstone on Councillors’ Conduct, the definitive guide to local government standards, produced by Cornerstone Barristers, goes on sale today. Edited by Philip Kolvin QC, Head of Cornerstone Barristers, and written by members ...
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Law Society Gazette: Cornerstone on Anti-Social Behaviour: The New Law

Law Society Gazette has published a review of “Cornerstone on Anti-Social Behaviour: The New Law” by Kuljit Bhogal, Joint Head of the Cornerstone Housing Team. “Cornerstone on Antisocial Behaviour: The ...
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Gerard Forlin QC speaks at a series of conferences in Asia

Gerard Forlin QC is undertaking a number of speaking engagements on corporate governance and regulation in Asia over the next couple of weeks. On 25th June Gerard is moderating a ...
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Lexis PSL: Fully mutual housing corporations and possession proceedings

Andrew Lane has written an article on the judgement in Southward Housing Co-operative Ltd v Walker and another [2015] EWHC 1615 (Ch), [2015] All ER (D) 141 (Jun) and its relevance ...
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New sentencing guidelines in January 2016 mean huge fines for public and private organisations

Gerard Forlin QC looks at the recent case of R v Thames Water Utilities Limited and the implications for forthcoming guidelines on health and safety and corporate manslaughter, and other ...
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Fracking in Lancashire: planning applications

On 18 and 19 June, Estelle Dehon will represent Friends of the Earth at two meetings of Lancashire County Council’s Development Control Committee concerning fracking in Fylde, Lancashire. The day-long ...
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Lexis Webinar: Solar energy and renewables: issues for local government

On 17 June 2015 Martin Edwards presented a webinar for Lexis Webinars on ‘Solar energy and renewables: issues for local government’. Martin explores key elements of the law surrounding energies ...
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More problems in the Court of Protection

Jon Holbrook considers the latest case that will cause further problems in the Court of Protection. Last March the Supreme Court gave judgment in Cheshire West on the meaning of ...
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Local Government Lawyer: The Supreme Court on vulnerability

Matt Hutchings discusses the Supreme Court’s interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak, Kanu and Johnson. On 13 May, in three appeals about ...
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Ashley Underwood QC speaks at Coroners Continuation Training 2015-2016

Ashley Underwood QC is a guest speaker at the Coroners Continuation Training 2015-2016, taking place in Northampton on 9th June 2015. The training has been designed to provide Coroners with ...
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Gerard Forlin QC in a series of lectures

Gerard Forlin QC recently chaired and spoke at the SHE Show in Milton Keynes. Over 300 delegates attended this event. Please click here to see the flyer. Gerard is also ...
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Anthony Scrivener QC Memorial

The memorial service giving thanks for the life and work of Anthony Scrivener QC will take place on Wednesday 1 July at 5.00pm at the Chapel, Lincoln’s Inn and afterwards ...
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Solicitors Journal: No such thing as an 'ordinary homeless person'

Matt Hutchings discusses the Supreme Court’s interpretation of vulnerability in Hotak, Kanu and Johnson On 13 May, in three appeals about priority need for the homeless (Hotak, Kanu, and Johnson ...
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Local Government Lawyer: Supreme Court upholds challenge to council decision on intentional homelessness

Matt Hutchings comments on the Supreme Court’s decision to uphold an appellant’s challenge in the case of Haile v London Borough of Waltham Forest. Click here to read the article ...
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The Justice Gap: Supreme Court ruling to protect single homeless people

Matt Hutchings discusses the implications of a Supreme Court ruling concerning the protection of single homeless people. Last week, in three appeals about priority need for the homeless (Hotak, Kanu ...
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New Law Journal: Supreme Court broadens meaning of "vulnerable"

Matt Hutchings comments on the case of Hotak, Johnson and Kanu v London Borough of Southwark & Anor [2015]  and the implications for local authorities when reviewing applicants for accommodation. ...
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Gerard Forlin QC invited by the US Ambassador to London

Gerard Forlin QC was invited to the home of the US Ambassador to London. He was proposed by Federal Express to attend the event of the Business Council of International ...
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