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news from 07.2012

Council Wins 3-2 in landmark Supreme Court Possession Appeal

25.07.2012

SOLIHULL METROPOLITAN COUNCIL  V ELAINE HICKIN:  SUPREME COURT 25TH JULY 2012

By a majority decision of the Supreme Court which potentially affects all joint council tenants, Solihull MBC , represented by Bryan McGuire QC and Catherine Rowlands of Cornerstone Barristers, has won an appeal brought by a council occupant, Miss Elaine Hickin.

FACTS

A 3 bedroom council property in Leahill Croft, Chelmsley Wood, Solihull was let to Raymond and Sylvia  Hickin in 1980. They were joint tenants. They separated and Mr Hickin moved away, but he remained a joint tenant. Mrs Hickin died in 2007, leaving her daughter Elaine in the property, where she had lived for many years. The issue in the case was this: who was entitled to succeed, daughter or husband?
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Planning inquiry into Code 5 homes

24.07.2012

Robin Green appeared for Rhondda Cynon Taf County Borough Council in an inquiry into whether permission should be granted for houses reaching level 5 of the Code for Sustainable Homes was held in Rhondda Cynon Taf.

The houses would replace an existing dwelling, leading to lower carbon emissions. The site was outside defined settlement boundaries and the primary issue was whether the environmental benefits of the scheme justified the grant of permission.

Housing appeal dismissed as abuse of process

20.07.2012

The court of appeal has held, in Konodyba v RB Kensington and Chelsea [2012] EWCA Civ 982 that it was an abuse of process for the Appellant to re-run an argument she had previously had dismissed by the County Court and an appeal to the Court of Appeal on the same point had been dismissed.

Ms Konodyba, a Polish national, argued in 2008 that she was eligible for assistance under Part 7 Housing Act 1996 because she had Baumbast rights under art.12 of Regulation 1612/68 as the primary carer of her son, who was the child of a former worker (herself) and in education. The local authority concluded that Baumbast rights were not available to her as an accession state national who had been in registered employment for less than 12 months. Her argument was rejected in the County Court and she was granted permission to appeal, but on the day of the appeal hearing she sacked her solicitors and counsel and appeared in person to expressly reject the Baumbast argument. The appeal was dismissed.
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Easton Farm Glasshouse Inquiry, West Sussex [June 2012]

18.07.2012

This major planning inquiry, concerning a large horticultural development in West Sussex, and involving issues of highway impact, landscape and visual impact, application of the NPPF to local plan policy, ecology and development in the countryside closed in June 2012. A decision is expected in August 2012. Tom Cosgrove appeared for the Local Planning Authority.

GDC v De Vivo [July 2012]

18.07.2012

Tom Cosgrove appeared for the GDC in a long and complex case concerning clinical care. The dentist was found guilty of misconduct, but in light of the remediation he had carried out his fitness to practise was not impaired.

Planning Inquiry paves way for much needed development in Cardiff.

17.07.2012

An Inquiry has given the go ahead to plans to build 78 homes in a conservation area near Michaelston Road in Cardiff.  The developers Charles Church were refused planning permission last year by Cardiff City Council but the Planning inspector Rebecca Phillips reversed the decision.

Morag Ellis QC of Cornerstone Barristers acted for the developers having been instructed by Savills Cardiff.  During the inquiry she argued there was already a considerable urban influence to be found in the area, with many residential developments in view.  The greenfield site overlooks St Fagan's Castle and museum.
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An end to the tenancy for life?

13.07.2012

Jon Holbrook of Cornerstone Barristers considers the profound effect that flexible tenancies could have on tenants of social housing.  Flexible tenancies enable local authorities and housing associations to avoid granting tenancies for life.

OneLondonauthority, Barnet, has already drafted a tenancy strategy that explains how it proposes to secure a better match between housing needs and resources.  This might mean, for example, that households with above median earnings in Barnet may not remain as council tenants.

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Philip Kolvin QC's Licensing Masterclass 2012

13.07.2012

Cornerstone Barristers Philip Kolvin QC's Annual Licensing Masterclass is back!

BOOK NOW to guarantee your place on the most comprehensive update on what's hot in licensing right now.

Philip Kolvin QC's Masterclass will commence the week of 24th September 2012 and arrive in venues in Leeds, Liverpool, Birmingham, Exeter and London.

Use the attached form to book your place now.

Please read flyer for full details of this half day masterclass but hot topics to be covered will be:

  • Fee Setting
  • Late Night Levy
  • Early Morning Restriction Orders
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Casino Licensing and Collateral Challenges

10.07.2012

R (Clockfair Limited) v Sandwell Metropolitan Borough Council and Grosvenor Casinos Limited [2012] EWHC 1857 (Admin)

The High Court has delivered an important judgment in the field of casino licensing. While the judgment has ramifications for licensing practitioners, it has a wider significance for public lawyers in the complex field of collateral challenge.

A copy of the judgment can be found by clicking Clockfair Ltd v Sandwell MBC and Grosvenor Casinos Ltd July 9 2012
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Off-Licence Revocation Upheld

06.07.2012

Kul v London Borough of Hammersmith and Fulham - 3rd July 2012

An appeal against the revocation of a London off-licence has been dismissed. The off-licence, which traded  in North End Road in Fulham, was found by Revenue and Customs Officers in possession of alcohol upon which duty had not been paid on two separate occasions, leading to a review hearing before the London Borough of Hammersmith and Fulham, which revoked its licence. Following the revocation of the licence, the premises was found in possession of tobacco on which duty had not been paid. It had also breached licence conditions in relation to  a Challenge 21 policy and maintenance of a refusals book.
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Poker Club Closed

03.07.2012

A long chapter in the regulation of private poker clubs ended today in Thames Magistrates’ Court with the closure of the International Private Members Club, following a 2 year operation by the London Borough of Hackney, the Gambling Commission and the Police. The case threw up interesting challenges regarding the regulation of private members’ clubs in general and poker clubs in particular.

In passing the Gambling Act 2005, Parliament’s intention was that commercial poker should take place in the highly regulated environments of casinos, yet made provision for low stakes poker to be paid in pubs and clubs, and higher stakes poker to be played in private members’ clubs with club gaming certificates provided that there is no “rake” and that participation fees are kept at minimal levels.
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Tom Cosgrove to speak at Regulatory Conference

03.07.2012

Tom Cosgrove is to speak at the 'Regulation for Healthcare Professionals in 2012' conference on 21st September 2012.

This conference is chaired by Joanna Glynn QC, co-author of Health Care Regulatory Law, Principle and Process. It provides essential up-to-date guidance to regulators and to practitioners advising healthcare professionals on all aspects of regulation: from consideration of entry to the professional register right up to judicial review of a decision.
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