Unacceptable behaviour under s. 160A of the Housing Act 1996
22.12.2007
Unacceptable behaviour under s. 160A of the Housing Act 1996
Saturday, December 22, 2007
Dixon v Wandsworth LBC [2007] EWHC 3075 (Admin)
Wayne Beglan acted successfully for the defendant; the court upholding Wandsworth LBC’s initial decision that the claimant was ineligible for housing accommodation.
Wandsworth LBC had reconsidered their decision to allow the claimant a discretionary tenancy when the claimant had been convicted of possession of cocaine and cautioned for possession of cannabis following a police search of his property.
The decision provides guidance for local authorities in making a reasonable analysis of evidence and the relevant considerations in establishing a finding of factual unacceptable behaviour under s. 160A of the Housing Act 1996.
Click here for full text
Appointment to the role of Chairman of the Civic Trust
15.12.2007
Appointment to the role of Chairman of the Civic Trust
Saturday, December 15, 2007
Philip Kolvin has been appointed to the role of Chairman of the Civic Trust.
Below is an extract from his letter in the December issue of Grass Roots magazine:
“The list is extensive, but I want to save a special word for Night Vision, a new programme of work to set standards for the night time economy, and to ensure that our towns and cities are safe, stimulating and enjoyable places for all to visit, whatever their age or preferred leisure activity. The next two years will see acceleration in this programme and the development of a new national standard: Purple Flag.”
Click here to download the December issue of Grass Roots: a quarterly publication containing news from the Civic Trust and Civic Societies all around the country.
Click here to download Saving Open Space.
Click here to view Philip’s letter to the Times.
Purley train crash convictions overturned
13.12.2007
Purley train crash convictions overturned
Thursday, December 13, 2007
Anthony Scrivener QC and Gerard Forlin have today put a final gross negligence manslaughter appeal to rest before new changes to the law take effect.
The pair fought successfully to have the convictions of Robert Morgan, a train driver from West Sussex, overturned. Mr Morgan had been operating the Littlehampton to London Victoria train when it collided with a Horsham to London Victoria service and killed five people in 1989. He was subsequently convicted of manslaughter.
Today three Appeal Court judges ruled that had the jury heard evidence of the particularly questionable and arguably dangerous infrastructure surrounding the scene of the incident they may not have convicted Mr Morgan and as a result his convictions were held to be unsafe.
The appeal is of particular historical significance to chambers as the court researched the entire 82 year history of cases concerning gross negligence manslaughter beginning with a leading case R v Bateman [1925] All ER Rep 45. Sir Edward Marshall-Hall KC and Norman Birkett KC, both of whom have previously been heads of 2-3 Gray’s Inn Square had acted for the appellant, a doctor, in this case.
Click here for judgement.
Click here for BBC News coverage.
Click here for ‘On this day’ BBC coverage of the 1989 disaster.
Click here for coverage in The Times.
Click here for Herald & Gazette coverage.
Cranford Parish Council's Church bells saved
10.12.2007
Cranford Parish Council?s Church bells saved
Monday, December 10, 2007
Philip Kolvin acted successfully for Cranfield Parish Council in a bid to save the 300 year old bells at the Church of St Peter in St Paul’s.
The bells, that had been silenced in 2003 following mechanical problems, were alleged to be causing nuisance to newly built housing near to the church.
The court, returning a unanimous verdict, ruled that the complainants had failed to establish statutory nuisance; a test based on the effect on the ‘average person’, taking into account their character, content and views.
Click here to link to ITV news coverage.
Click here to link to BBC news coverage.
Click here to link to Bedfordshire On Sunday coverage.
Local Authority Lawyers' Seminar
04.12.2007
Local Authority Lawyers' Seminar
Tuesday, December 04, 2007
We are pleased to announce another successful full day seminar held in conjunction with Lawrence Graham. Speakers from Chambers included:
Damien Welfare provided an update on Freedom of Information (Click here for full text)
Geoffrey Stephenson on Flooding and Disaster Planning (Click here for full text)
Gerard Forlin on Corporate Manslaughter (Gerard's paper is availible upon request)
James Findlay provided an update on Conflicts of Interest / new Model Code / Monitoring Officer role. (Click here for full text)
Permission granted for a new all-weather runway at Sywell Aerodrome
01.12.2007
Permission granted for a new all-weather runway at Sywell Aerodrome
Saturday, December 01, 2007
Anthony Porten QC and Michael Druce have successfully represented Sywell Aerodrome on appeal, obtaining permission for the construction of a new, all-weather runway at Sywell Aerodrome (instructed by Mills & Reeve).
Click here for coverage in Business Weekly
Click here for coverage in Northants Evening Telegraph
Pre-Permission costs in Judicial Review - The Queen (on the application of Davey) v Aylesbury Vale
27.11.2007
Pre-Permission costs in Judicial Review - The Queen (on the application of Davey) v Aylesbury Vale
Tuesday, November 27, 2007
The question before the Court of Appeal was whether, as a matter of law or practice, an order for costs made in favour of a successful respondent to judicial review proceedings included costs properly incurred prior to the grant of permission unless they were expressly excluded.
The Queen (on the application of Davey) v Aylesbury Vale [2007] EWCA Civ 1166, [2007] 47 EG 168 (CS), The Times, November 21st:
The Court of Appeal answered ‘yes’ to the above question. It confirmed that the normal rule is that costs follow the event and that still applies in Judicial Review proceedings. It set out general guidelines, building on the approach adopted by the courts to date, as to determination of costs awards following a substantive hearing.
James Findlay appeared with Jenny Oscroft for Aylesbury Vale.
Click here for full text
Click here for further information.
Lord Bridge of Harwich
26.11.2007
Lord Bridge of Harwich
Monday, November 26, 2007
Chambers was saddened to hear of the death of Lord Bridge last week. A former Head of our Chambers from 1961 to 1968, Lord Bridge had a distinguished career at the Bar and on the Bench.
Nigel Bridge was called to the Bar at the Inner Temple in 1947. He came first overall in his Bar Examinations. He joined our Chambers (then in Temple Gardens) in 1950 and succeeded John Widgery as Head of Chambers in 1961. In 1964 he was appointed Junior Counsel to the Treasury, and held this post until his elevation to the High Court Bench in 1968. He was the Presiding Judge of the Western Circuit from 1972 to 1974 and was appointed to the Court of Appeal as a Lord Justice of Appeal in 1975. He became a Law Lord in 1980 taking the title Lord Bridge of Harwich. He continued to sit until 1992.
As an advocate Nigel Bridge appeared in many of the leading planning and compulsory purchase cases of the time including Hartnell v MHLG (on existing use rights), Davy v Leeds Corporation (on “no scheme” compensation), James v MHLG (on intensification as a change of use), Wells v MHLG (on estoppel), and Webber v MHLG (on seasonal uses).
In his capacity as a Judge, Nigel Bridge helped to establish many of the fundamental principles of planning law including the concept of the planning unit (Burdle v SoSE [1972] 1 WLR 1207) and the extent of the duty to give reasons (SAVE v SoSE [1991] 1 WLR 153).
More widely, his landmark speeches in the House of Lords decisions in Factortame (No 1) [1990] 2 AC 85 and Factortame (No 2) [1991] 1 AC 603 put beyond doubt the supremacy of directly effective European Community law over UK Acts of Parliament.
Our thoughts are with his family at this time. We are proud he was a member of our Chambers.
Framed Asian police officer's conviction quashed
21.11.2007
Framed Asian police officer's conviction quashed
Wednesday, November 21, 2007
Anthony Scrivener QC acted for Sultan Alam in the Court of Appeal where Alam’s criminal conviction has been quashed.
Alam had served as a constable with Cleveland Police until he was charged with handling stolen motor vehicle parts and sentenced to 18 months in prison in 1996.
Alam has always alleged that he was framed as a result of his legal action for racism against Cleveland Police and after a two and a half year operation the CPS charged four officers with criminal offences related to framing Alam.
Throughout the ordeal Alam had sought the assistance of the Police Federation but had been denied any aid. The officers charged with framing him did however receive financial assistance. An employment tribunal found that Alam had been discriminated against.
In the Court of Appeal Lord Justice Moore-Bick found that the police had deliberately misled the court in order to suppress evidence and that he had been wrongfully implicated in order to undermine the discrimination proceedings.
Click here for a link to Sultan Alam’s own press statement.
Click here (19/11/2007 and 20/11/2007) for detailed coverage by The Guardian.
Avoiding and resisting Judicial Review
13.11.2007
Avoiding and resisting Judicial Review
Tuesday, November 13, 2007
Jon Holbrook acted for Restormel Borough Council in two cases concerning applications for judicial review of the authorities refusal to provide interim accommodation pending the outcome of review.
Over the summer two separate homeless applicants obtained injunctions requiring Restormel Borough Council to house them. Each injunction was obtained out of hours on a Friday evening on an ex parte basis over the telephone.
The return dates in each case came before Munby J who took the opportunity to comment on the law and practice relating to ex parte injunctions:
Click here for a summary of the main points that should be of particular interest to local authorities when resisting applications for injunctions.
If you would like to receive future e-news briefings from us, please contact us.
Chambers & Partners 2008
09.11.2007
Chambers & Partners 2008
Friday, November 09, 2007
This year’s edition of Chambers & Partners was launched on Wednesday 7 November 2007. We are delighted with our rankings with even more members included this year.
We are ranked as follows:
Regards
Lynne Orsborn
LOCAL GOVERNMENT LAW: Managing the challenges
22.10.2007
LOCAL GOVERNMENT LAW: Managing the challenges
Monday, October 22, 2007
Chambers was pleased to host this full day Seminar chaired by Anthony Porten QC and covering a number of topics such as:
- Better services and joint working
- Decision-making and probity
- Climate change and local government
- Public information rights
- Case law updates, including Judicial Review issues
- Housing and community care issues
Speakers included Mark Lowe QC, David Matthias QC, Bryan McGuire, James Findlay, Kelvin Rutledge, Jon Holbrook, Sian Davies and Damien Welfare from Chambers. We are also delighted to welcome Stephen Cirell of Eversheds.
The full programme of events can be found here.
The speakers and their topics were as follows, and full text of the PowerPoints used are also attached:
Legal 500 2007
25.09.2007
Legal 500 2007
Tuesday, September 25, 2007
The 20th edition of the Legal 500 was launched on Monday 16 September 2007. Members of Chambers did very well and we were mentioned in a number of sections.
Category:
- Leading Civil Common Law Sets
Leading Chambers
- Administrative and Public Law
Leading Chambers
Leading Silk; Mark Lowe QC
Leading Juniors; Ranjit Bhose, James Findlay, Jon Holbrook
- Consumer
Leading Chambers
Leading Silk; Anthony Scrivener QC
Leading Juniors; Geoffrey Stephenson, Gerard Forlin, Peter Miller
- Environment
Leading Chambers
Leading Silk; Mark Lowe QC
Leading Juniors; James Findlay, Simon Bird
- Health and Safety
Leading Chambers
Leading Silk; Anthony Scrivener QC
Leading Junior; Gerard Forlin
- Licensing
Leading Chambers
Leading Juniors; Karl Davies, Philip Kolvin
- Planning
Leading Chambers
Leading Silks; Mark Lowe QC, Anthony Porten QC, Anthony Dinkin QC, Morag Ellis QC, Stephen Sauvain QC
Leading Juniors; Mary Cook, Simon Bird, Michael Druce, Ian Albutt, Johanna Boyd, Thomas Cosgrove, Robin Green, Richard Ground, Melissa Murphy, Nicholas Nardecchia, Adrian Trevelyan Thomas
- Public Inquiries
Leading Junior; Gerard Forlin
To view the directory in full, please see http://www.legal500.com/l500/frames/barr_fr.htm.
Croydon Gateway
24.09.2007
Croydon Gateway
Monday, September 24, 2007
The public inquiry opened on the 18th September and is scheduled to run until November 2007. Mary Cook and Melissa Murphy are instructed by Herbert Smith on behalf of Stanhope and Schroders.
Wimpey appeal dismissed in Surrey Heath
19.09.2007
Wimpey appeal dismissed in Surrey Heath
Wednesday, September 19, 2007
Harriet Townsend acted for Surrey Heath Borough Council in successfully resisting Wimpey’s appeal, in which planning permission was sought for the demolition and redevelopment of three houses to provide 20 two bedroom flats in three blocks on Guildford Road, Lightwater. The appeal was dismissed due to the noisy conditions the development would provide for residents on site, although it is also of interest for the Inspector’s treatment of the impact future residents may have on the Thames Basin Heaths Special Protection Area. He found that although the site is only about 900m from Lightwater Park (within the SPA), in the particular circumstances of the site the impact on the SPA would be neutral.
Click here for text of the Decision Letter
White Lion Street Planning appeal hearing
18.09.2007
White Lion Street Planning appeal hearing
Tuesday, September 18, 2007
Johanna Boyd won planning permission and an unreasonable costs order for Noble House developers in the appeal against a decision of Islington Council to refuse planning permission for a 70 apart-hotel development with A3 and B1/A1 uses proposed for the ground and basement of a 6 storey building, proposed in the centre of Islington. Councillors had refused consent in February, preferring that the site be used for affordable housing. The appellant has applied for a costs order on the basis of unreasonable behaviour.
Click here for the full article in the Islington Tribune.
Planning and Local Government Issues for Wales
18.09.2007
Planning and Local Government Issues for Wales
Tuesday, September 18, 2007
This well attended, and well received, seminar was held in City Hall, Cardiff on 17 September.
The full day event was chaired by Morag Ellis QC.
The speakers and their topics were as follows, and full text of the PowerPoints used are also included:
Appeal-proof Homelessness Decisions
16.09.2007
Appeal-proof Homelessness Decisions
Sunday, September 16, 2007
Held on 13 September 2007, this is the first in our series of half-day sessions on housing related topics. The speakers at this event were:
Wayne Beglan, Kuljit Bhogal and Clare Parry.
We were also joined by Minos Perdios who is an Independent Reviews Officer.
Ranjit Bhose chaired the morning.
The feedback was very positive. Click here for the PowerPoint presentation used by members of Chambers.
If you are interested; the next events in the series are:
1. Avoiding and resisting Judicial Review; 15 November 2007
2. Reasonably incurred service charges: practice & procedure: 17 January 2008
3. EU nationals and homelessness: 6 March 2008
4. Community care - JR proof assessments of need: 8 May 2008
We usually issue invitations about two months before the seminar date but if you would like to book a place, please contact Phil Desmondez, phild@cornerstonebarristers.com.
Regards
Lynne Orsborn
Chambers’ Director
Judical Review on Environmental Assessments in Northern Ireland
10.09.2007
Judical Review on Environmental Assessments in Northern Ireland
Monday, September 10, 2007
Judgment was hand down last week. Mary Cook appeared for the applicants.
Subject matter concerned:
[1] These two applications for judicial review concern “environmental assessments” carried out under the Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004 (“the Regulations”). The Regulations were introduced further to Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (“the Directive”). Mr Lindblom QC, Ms Cook, Mr Jones and Mr Dunlop appeared for the first applicant, Mr Hanna QC and Mr Orbinson QC appeared for the second applicants and Mr McCluskey QC, Professor Wyatt QC and Mr McLaughlin appeared for the respondents in both applications.
[2] The first applicant is a property development company based in Portballintrae, County Antrim. The draft Northern Area Plan 2016 was published on 11 May 2005 covering the four administrative council areas of Ballymoney, Coleraine, Limavady and Moyle. Accompanying the draft Plan and described as “Technical Supplement 11” was a document described as a “Strategic Environmental Assessment”.
[3] The second applicants are Magherafelt District Council and five property development companies operating in the Magherafelt area. The draft Magherafelt Area Plan 2015 was published on 28 April 2004 covering the Magherafelt district. A document described as a “Strategic Environmental Assessment” was published in May 2005.
Text of the judgment can be found here.
Ten years of wrangling have failed to settle the corporate manslaughter debate
06.09.2007
Ten years of wrangling have failed to settle the corporate manslaughter debate
Thursday, September 06, 2007
Gerard Forlin’s recent article for the New Law Journal on the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) argues that British organisations need to be more on their guard than ever before. The article considers the Act’s proposals and potential reach when it is finally brought into force by secondary legislation on 6 April 2008.
Click here for the full text of Worth the wait?: Ten years of wrangling have failed to settle the corporate manslaughter debate, NLJ 17 August 2007, 1165.
Gambling for Local Authorities: Licensing, Planning and Regeneration: new book
23.08.2007
Gambling for Local Authorities: Licensing, Planning and Regeneration: new book
Thursday, August 23, 2007
We are pleased to announce that we have worked with the Institute of Licensing in a new publication: Gambling for Local Authorities: Licensing, Planning and Regeneration (General Editor: Philip Kolvin). The book has now been published, prior to the start of the premises licensing transitional process of the Gambling Act 2005.
The book is designed to abbreviate and simplify the new law of gambling. It is intended for easy reading by both officers and members involved in licensing and allied fields such as planning and regeneration. It is the only book which will draw the important links between planning and licensing and which involves experts from across all the relevant disciplines. Writers include several members of 2-3 Gray's Inn Square: Institute Chair Philip Kolvin himself; Head of Chambers Mark Lowe QC, new silks Morag Ellis QC and David Matthias QC, together with Rory Clarke, Simon Bird, Michael Bedford, Johanna Boyd, Josef Cannon and Clare Parry. Other writers include Institute Vice Chair Professor Colin Manchester (Professor of Licensing Law, University of Warwick), Professor Peter Collins (a leading expert in gambling and regeneration), planning expert Andy Arrick of Roger Tym & Partners, Jeremy Phillips (who edits Patersons) and William Hill Chief Executive David Harding. We are hoping that it will become a standard reference work in its field.
By publishing the text itself, the Institute has managed to keep publication and marketing costs, and therefore price, to a reasonable sum. All proceeds from the text are going to the Institute of Licensing to help it to develop the services it can offer its members. As a Chambers, we are therefore very pleased to be associated with it.
We do hope that you will take advantage of this offer before it ends. Further information on the book is set out below, together with an order form.
Click here for full details.
Click here for book cover.
Please see below for a selection of favourable recent reviews:
The Solicitor’s Journal describes the book as “an excellent account of the framework of the new Act”, and “strongly recommended”. Roy Light, a professor of law UWE and a barrister at St John’s Chambers, Bristol.
Click here for the full review.
The Licensing Review [70], July 2007 describes the book as “a testimony to the changed landscape and the lifting of local authority regulation to a higher plane. Wearing the badge of the Institute of Licensing, as it does, this volume is as much an advertisement for the new order as it is a valuable contribution to modern gambling knowledge.”
Click here for the full review.
"In this timely and extremely important new book, Philip Kolvin and his team cut through this enormous piece of legislation with a light narrative style, incisive comments and useful practical applications. The book is suitable for anyone with any involvement with the new legislation, whether they are from the licensing authority, planning authority, gambling industry or responsible authorities or interested parties. Technical matters are clearly explained, the practical aspects of application and challenge are clarified and the use of the various licences and permissions is detailed and comprehensible. For a book to succeed, it must be both useful and accessible, and "Gambling for local authorities: licensing, planning and regeneration" seems set to succeed on both levels. It is highly recommended." James Button, PH Law
"Kolvin's book provides answers for the many challenges facing local authorities under the new legislation. It is a good advert for the legal profession." Dr. Mark Griffiths, Professor of Gambling Studies, Nottingham Trent University
Infrastructure Planning Commission: the way forward?
16.08.2007
Infrastructure Planning Commission: the way forward?
Thursday, August 16, 2007
A number of planning specialists, including Anthony Porten QC, met recently at a Henry Stewart conference to discus the impact of the recent White Paper, ‘Planning for a Sustainable Future’. The White Paper sets out the Government's proposals as to the personnel of the Infrastructure Planning Commission (IPC).
Click here for the article featured in Planning Magazine.
Neighbour hell: Is this the end for disruptive residential premises?
01.08.2007
Neighbour hell: Is this the end for disruptive residential premises?
Wednesday, August 01, 2007
Kuljit Bhogal’s recent article for the New Law Journal on premises closure orders examines the powers availible for closing “crack houses” and the use of new powers against non-drugs related anti-social behaviour. The article considers the government’s proposals set out in their consultation paper, Strengthening Powers to Tackle Anti-social Behaviour and whether premises closure orders go far enough in tackling anti-social behaviour.
Click here for the full text of Neighbour hell: Is this the end for disruptive residential premises?, NLJ 27 July 2007, 1075.
Corporate Manslaughter and Corporate Homicide Act 2007
27.07.2007
Corporate Manslaughter and Corporate Homicide Act 2007
Friday, July 27, 2007
After a ten year period, the Act received Royal Assent on 26 July 2007.
Gerard Forlin was appointed Special Advisor to the Bar Council on the Corporate Killing Bill.
For further detail of the Act, see
http://www.justice.gov.uk/publications/corporatemanslaughter2007.htm.
Considering the new PPS3 rules
26.07.2007
Considering the new PPS3 rules
Thursday, July 26, 2007
Morag Ellis QC acted for Wycombe District Council in the recently issued decision in Park Mill Farm, Princes Risborough, a proposal for an urban extension of more than 600 houses.
The decision includes consideration of housing land supply under the new PPS3 rules. The appeal was dismissed on grounds of lack of need for a Greenfield site and site specific sustainability consideration.
She also recently acted for Goldcrest Homes in an appeal for 130 apartments at the site of the former Anerley Boy’s School where PPS3 was also considered, specifically responding to market needs, household size and affordable housing conditions. The appeal was successful.
Brighton & Hove Albion Football Club wins battle for planning permission
24.07.2007
Brighton & Hove Albion Football Club wins battle for planning permission
Tuesday, July 24, 2007
Jonathan Clay, acting on behalf of his client Brighton & Hove Albion Football Club, is celebrating victory for them in a long-standing battle to gain planning permission for a 22,500 seat stadium at Falmer, situated on the outskirts of Brighton. Jonathan was instructed by Tony Allen of DMH Stallard in Brighton.
Click here for Press Release.
Click here for an article about Jonathan Clay in Seagull, Brighton & Hove Albion's official magazine.
Cadbury fined one million pounds over salmonella case
16.07.2007
Cadbury fined one million pounds over salmonella case
Monday, July 16, 2007
On 15 June, The Press Association broke the news that Cadbury has pleaded guilty to three offences under the food and hygiene regulations today. Anthony Scrivener QC represented Cadbury.
Click here for the story.
On Monday 16 July, the £1,000,000 fine was announced.
Click here for the story.
RTPI annual Planning Enforcement Conference
06.07.2007
RTPI annual Planning Enforcement Conference
Friday, July 06, 2007
Members of Chambers, and a guest speaker, provided a review of recent changes and their impact of on how the enforcement process should be managed.
The conference provided an overview of environmental issues, how the Environmental Information Regulations regime may affect how you manage and record your decision-making processes on enforcement and recent proposals which affect the enforcement process.
Chairman Mark Lowe QC, was joined by Celina Colqhuoun, James Findlay, Paul Shadarevian, Damien Welfare and Clare Parry of Chambers.
Enforcement and time limits concerning changes of use were covered by James Findlay. Click here for his Powerpoint presentation.
A legal overview of Environmental issues and enforcement was given by Paul Shadarevian. Click here for his presentation, together with Statutory references.
Clare Parry spoke on Enforcement decisions; the roles and duties of the planning authority. Click here for her presentation.
Celina Colqhuoun provided an update on enforcement covering recent developments and recent case law. Click here for her presentation.
The following case was discussed and it was agreed to post details. Click here for additional details on R (on the application of Tapecrown Ltd) v First Secretary of State and Vale of White Horse [2006] EWHC 1012.
Damien Welfare provided an update on Enforcement decisions; the roles and duties of the planning authority and best practice. Click here for his presentation.
Housing Law Update: the essential guide to all the latest changes
05.07.2007
Housing Law Update: the essential guide to all the latest changes
Thursday, July 05, 2007
2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.
Ranjit Bhose chaired this event which was designed to give a comprehensive walk-through of recent changes and the practical implications for those involved in public housing. Topics covered included allocation pitfalls, management of housing stock, possession issues, and immigration issues.
David Matthias QC FCIArb, Clare Parry, Kelvin Rutledge, Wayne Beglan, Sian Davies, Peggy Etiebet, Kuljit Bhogal, Jon Holbrook and Bryan McGuire, all of 2-3 Gray’s Inn Square spoke at this event.
Click here for a detailed programme of events.
Click here for David Matthias' and Clare Parry's slides from their presentation on "Allocation Issues: pitfalls and best practice".
Click here for Kelvin Rutledge's slides from his presentation on "Managing your housing stock: practical issues and potential issues".
Click here for Kuljit Bhogal's slides from her presentation on "Drafting Anti-social behaviour orders".
For details of similar events planned for the future please see our Events section.
Factory worker's breakdown by torment of a 'thousand slights'
28.06.2007
Factory worker's breakdown by torment of a 'thousand slights'
Thursday, June 28, 2007
As reported by The Telegraph, David Mathias QC recently represented Steven Keyte, a factory worker driven to a nervous breakdown after being bullied relentlessly by a gang of female colleagues infamously known as “the three witches”.
David is the leading counsel in the six-figure damages claim against Cotek Papers Ltd, a paper firm in Gloucestershire.
As a result of persistent torment Mr Keyte was diagnosed with depression and has not worked since he left Cotek Papers Ltd in 1999.
David Matthias QC told the High Court that Mrs Clifford's behaviour was "cruel, bullying" and "persisted in relentlessly".
He said, "she devised a huge variety of ways to irritate, upset, undermine and threaten the claimant, which treatment plainly caused him acute anxiety and distress. We say she must have known as much. Taken in isolation, any one example of the bullying behaviour, any one incident might be shrugged off but, taken as a whole, taken as a course of vindictive treatment, day in day out, over a period of years, it was devastating in its effect.”
Click here to read the full Telegraph article.
The Lawyer Awards 2007
26.06.2007
The Lawyer Awards 2007
Tuesday, June 26, 2007
2-3 Gray's Inn Square is delighted to have sponsored the Public Sector Team of the Year award at The Lawyer Awards 2007, held at the Grosvenor House Hotel in London. The award was presented by Anthony Porten QC.
Transport for London were the winners in this category and a full breakdown of the awards can be found here.
The short-listed nominees in this category were:-
For further information please click here
Click here for a photograph of Anthony and comedian Marcus Brigstocke presenting the award to Transport for London.
A Guide to Health and Safety Prosecutions
08.06.2007
A Guide to Health and Safety Prosecutions
Friday, June 08, 2007
We are very pleased to annpounce the publication this week of this new textbook. It was written by;
M. Appleby, Solicitor, Fisher Scoggins LLP
Gerry Forlin, Barrister, 2-3 Gray's Inn Square
It is published by Thomas Telford Ltd, price £35. To order a copy, click here.
Enviro Law Conference
07.06.2007
Enviro Law Conference
Thursday, June 07, 2007
Harriet Townsend spoke at this conference, hosted by Simon Gore Consulting Limited at University College, London on 6 and 7 June 2007.
Harriet spoke on the afternoon of 6th June on Noise. Her topic covered:
- relevant EC law
- noise nuisance
- remedies
- noise in the streets
- noise from premises and audible intruder alarms.
Click here for her Powerpoint presentation.
Gerard Forlin also spoke at this conference, on the same afternoon, on sentencing trends in prosecutions in the overlap of environmental and health and safety law.
Housing Allocation and Homelessness Seminar 2007
07.06.2007
Housing Allocation and Homelessness Seminar 2007
Thursday, June 07, 2007
Kelvin Rutledge spoke at this full day conference hosted by Jordan Publishing. He dealt with allocation issues and homelessness.
Making the Right Decisions and Defending Them
- Dealing with the most difficult cases
- Powers and duties of local authorities
- Homelessness reviews practice and procedure
- The latest Court of Appeal decisions
- Tackling the second appeal problem
- Judicial Reviews
- Immigration and human rights issues
Lawfulness of purchase and sale-back of land in Wales confirmed
29.05.2007
Lawfulness of purchase and sale-back of land in Wales confirmed
Tuesday, May 29, 2007
The Court of Appeal, in dismissing the appeal, confirmed the lawfulness of purchase and sale-back of land by the Land Authority for Wales for the express purpose of overriding the Claimant’s easement.
Anthony Porten QC and Ranjit Bhose appeared for the successful Respondents (instructed by Capital Law).
Ford-Camber v Deanminster Ltd and Grove Properties (Cardiff) Ltd [2007] EWCA Civ. 458. Click here for the full text.
Successful rectification of a wrongful registration for a Village Green
29.05.2007
Successful rectification of a wrongful registration for a Village Green
Tuesday, May 29, 2007
High Peak BC were successful on an application under s.14 Commons Registration Act 1965. This was the conclusion of a long saga over six years that had involved two public Inquiries. The land formed part of Fairfield Common Buxton. The Court’s decision upheld HPBC’s argument that the land ought not to have been registered and made an Order for rectification by deleting the entry from the Register of Village Greens.
Anthony Porten QC and Morag Ellis QC appeared for High Peak BC (instructed by Pannone).
High Peak Borough Council v Derbyshire County Council and Budd
6 MA 30197 [Ch.D]
Explaining Planning Traps to Householders
23.05.2007
Explaining Planning Traps to Householders
Wednesday, May 23, 2007
Anthony Porten QC of 2-3 Gray's Inn Square chaired this CLT Conference, providing guidance on what conveyancers need to know about planning and property.
The programme of events covered:-
- Listed Buildings
- Conservation Areas
- Development of Countryside
- Tree Preservation Orders
- Planning Policy and Rights of Way (Public and Private)
- Telecommunications Masts, Wind Turbines and Solar Panels
- Village Greens and Commons
If you would like further details, please go to www.clt.co.uk.
Otherwise, please contact Lynne Orsborn.
Local Government and Public Involvement in Health Bill
16.05.2007
Local Government and Public Involvement in Health Bill
Wednesday, May 16, 2007
2-3 Gray's Inn Square and Lawrence Graham hosted a well attended and thought-provoking seminar on 10 May 2007 on the Bill.
In addition to speakers from 2-3 Gray's Inn Square and Lawrence Graham, the speakers were:
- Alastair Burt MP, Shadow Local Government Minister;
- Dr. Tony Travers of the Greater London Group at LSE
- Dr. Philip Whiteman of INLOGOV
James Findlay and Damien Welfare from Chambers spoke on Ethical Standards – the new Model Code of Conduct and Governance Arrangements including elections, and executive arrangements, the role of Overview and Scrutiny Committees and Parish Government, respectively.
We will be holding a further joint seminar with Lawrence Graham in July: if you would like more information, please let me know and I will also include details on this website once the programme is finalised.
Also, if you would like Member training on these important issues, please contact me.
Regards
Lynne Orsborn
Chambers' Director
Institute of Licensing. Gambling Surgery, London 2 April and York 30 April
02.05.2007
Institute of Licensing. Gambling Surgery, London 2 April and York 30 April
Wednesday, May 02, 2007
The Institute of Licensing held two Gambling Surgeries in April: the first of its Gambling Surgeries was in in Greenwich abd the second in York. Philip Kolvin was the Chairman for both days. The Surgeries were very well attended, over 200 people, and there is some great feedback:
- "A very effective method of learning and sharing information"
- "Generally well informative and useful day"
- "Good to hear a range of experts - all sectors of the piece represented in one place. Interesting format for the day - it worked well".
- "Very useful, invaluable support for local authorities and other agencies. Excellent day, well worthwhile"
- "Can some of the sessions at the conference be in this format - very informative"
- "A better way of learning/taking in the subject than being lectured/talked to"
- "Certainly achieved in meeting its objectives...the Institute is to be applauded in taking this initiative, which I hope is to be repeated one year on!"
- "Excellent, practical session."
- "I finished the day refreshed and much better informed. I thought that the format was very successful."
- "I really enjoyed the surgery - and thought your presentation and facilitation of the day were excellent. Only the hardest heart could have failed to be enthused about the new gambling licensing regime! I think IoL have really done well to offer these surgeries."
Lynne Orsborn
Chambers’ Director
Arbour Square Planning Permission Secured
01.05.2007
Arbour Square Planning Permission Secured
Tuesday, May 01, 2007
At an Inquiry regarding the ‘Arbour Square’ site in Tower Hamlets, Michael Bedford has succeeded in securing planning permission for a residential development without the £300,000 healthcare contribution sought by the local planning authority (LPA) in line with NHS London Healthy Urban Development guidance.
Click here for the appeal comment in Planning Magazine.
New roads conference - CLT
26.04.2007
New roads conference - CLT
Thursday, April 26, 2007
Harriet Townsend spoke at this conference which was held in London on 24th April. The conference covered:
- What should the developer do to ensure that his development does not conflict with public rights of way?
- What highway issues will be taken into account at the planning application stage?
- What is the planning authority looking for in relation to highways with new development?
- When are compulsory purchase orders available and what are the provisions for compensation?
- When are diversion orders necessary and how can they be obtained?
- What problems can arise at the adoption stage?
- What are the consequences for developers and purchasers of a road not being adopted?
Harriet dealt with a number of the issues relating to the adoption of highways.
For Harriet Townsend’s presentation, click here.
PPS3 - A window of opportunity for housebuilders
10.04.2007
PPS3 - A window of opportunity for housebuilders
Tuesday, April 10, 2007
Johanna Boyd, in conjunction with Geoff Armstrong and Lynsey Rigg of DPP, Development Planning Partnership, has produced a joint briefing note on this recent publication which will introduce significant changes in the delivery of new houses.
Click here for a copy
Public Sector Team of the Year - Lawyer Awards 2007
27.03.2007
Public Sector Team of the Year - Lawyer Awards 2007
Tuesday, March 27, 2007
2-3 Gray’s Inn Square is delighted to be sponsoring the Lawyer's Public Sector Team of the Year Award this year. The work done in this area becomes ever more demanding and pressurised and we congratulate all those who work in this sector, those nominated and the eventual winners, who help to ensure the smooth running of the public sector in their particular parts of the country.
For further information on this event, please go to: http://www.thelawyer.com/lawyerawards.
Leave to appeal to Court of Appeal in Manslaughter Case - 18 years on
23.03.2007
Leave to appeal to Court of Appeal in Manslaughter Case - 18 years on
Friday, March 23, 2007
The news story starts: A train driver involved in a fatal rail crash 18 years ago is to challenge his conviction for manslaughter.
Anthony Scrivener QC and Gerard Forlin are acting for the Applicant Robert Morgan who was driving the train involved in a fatal rail accident in Purley in 1989.
It is anticipated that the case will last for three days once a date for the hearing is fixed.
To read more, go to BBC News.
Chambers welcomes three new members
12.03.2007
Chambers welcomes three new members
Monday, March 12, 2007
We are pleased to announce that Bryan McGuire, Kelvin Rutledge and Sian Davies joined us on 12 March 2007. They will continue to work primarily in the areas of housing and community care. These are areas of expertise where Chambers has a recognised profile and the new members will further consolidate this reputation.
Head of Chambers, Mark Lowe QC, is delighted to welcome the team to Chambers “The synergies between our existing members and our new ones will give us extra strength and depth in providing the best possible level of support to our clients.”
Kelvin Rutledge said “We are delighted to move into a set of Chambers where we will fit in so well, and easily. The rapport between our practices and those of existing members of 2-3 Gray’s Inn Square made it the best place for us to continue to support our existing clients and further develop and consolidate the practices we enjoyed at Field Court Chambers.”
Training Session for Kent Secretaries
09.03.2007
Training Session for Kent Secretaries
Friday, March 09, 2007
Kent Secretaries is the body representing local government lawyers in Kent and Medway and the London Boroughs of Bexley and Bromley. It organises training sessions and we are very pleased that a number of members of Chambers were involved in presenting their annual Planning Update seminar. Alun Alesbury, Jonathan Clay, Clare Parry, Harriet Townsend and Damien Welfare presenting on a variety of topical issues related to planning.
The topics covered were:
Annual Planning Conference - CLT
02.03.2007
Annual Planning Conference - CLT
Friday, March 02, 2007
Anthony Porten QC chaired the 7th CLT Annual Planning Conference which covered recent areas of change in Planning and provided guidance to planning practitioners.
The conference included papers presented by two members of Chambers. Adrian Trevelyan Thomas who spoke in relation to Housing issues including the recent PPS3, outline planning permissions and affordable housing. Thomas Cosgrove spoke on proposals for heritage reform, especially relating to listed buildings and conservation areas.
For Adrian Trevelyan Thomas's paper click here.
For Thomas Cosgrove's paper click here.
Local Government Training Programme
08.02.2007
Local Government Training Programme
Thursday, February 08, 2007
The topics covered were:
Devolution of ethical standards to local authorities - James Findlay and Damien Welfare
Click here for text
The Local Government and Public Involvement in Health Bill and the Local Government White Paper (“Strong and Prosperous Communities”) - Damien Welfare
- stronger executive powers/the three models
- community call for action
- reductions in performance indicators
- unitary status
Click here for text
Housing and social services case update - Jon Holbrook and Josef Cannon
Click here for text
Planning case update and significant changes in last year - James Findlay and Sophie Weller
Click here for text
Education - case update - Damien Welfare
Click here for text
At the two sessions, there were over 100 attendess. Feedback was very positive.
The LGTP Training Programme is administered by Veale Wasborough.
A Sliding Snail
02.02.2007
A Sliding Snail
Friday, February 02, 2007
Or, an update on the law of negligence after O’Donoghue v Stevenson.
Jon Holbrook’s article was published in the New Law Journal at the beginning of February.
Click here for the text.
Public Sector Housing Conference - CLT
18.01.2007
Public Sector Housing Conference - CLT
Thursday, January 18, 2007
Three members of Chambers spoke at this well-attended conference:
Wayne Beglan, Peggy Etiebet and Jon Holbrook.
You can access their papers below:
Click here for Jon Holbrook’s notes on Seeking & enforcing possession orders.
