020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Catherine Rowlands has a practice which covers all aspects of public law, especially social housing, community care, and welfare, and property and other civil litigation.
She is a robust and tenacious advocate with substantial experience at all levels from the Magistrates' Court to the Supreme Court, where she has appeared in some of the most important cases in housing law.
Catherine is a member of the Society of Mediators (SOM), providing expert advice and mediation to local authorities and clients, with a focus on community care and housing disputes.
Chambers and Partners 2021
Legal 500 2021
Chambers and Partners 2020
The Legal 500 2020
Catherine Rowlands has a practice which covers all aspects of public law, especially social housing, community care, and welfare, and property and other civil litigation.
She is a robust and tenacious advocate with substantial experience at all levels from the Magistrates' Court to the Supreme Court, where she has appeared in some of the most important cases in housing law. Her expertise in housing law and care cases is brought to bear in judicial review of decisions of local authorities, as well as Court of Protection and County Court cases wherever the question of a person’s home and home life is at stake.
Catherine specialises in representing local authorities and housing associations and as well as litigation, provides advice on policies and procedure. She never loses the common touch, and combines a down-to-earth style that sets witnesses at their ease with a persuasive command of the law.
Catherine also sits as a Recorder in civil cases: she loves the different viewpoint she gains as a Judge, and brings the experience gained from hearing a wide range of cases to bear in her own practice.
She has a Maitrise in French International law from the Université de Paris I (Pantheon-Sorbonne) and speaks fluent French.
Catherine is a member of the Society of Mediators (SOM), providing expert advice and mediation to local authorities and clients, with a focus on community care and housing disputes.
Social Housing - "Highly knowledgeable about the law, effective and persuasive as an advocate and very responsive to needs of local authorities." Legal 500 2022
Social Housing - "Predominantly advocates on behalf of local authorities and housing associations. She offers expertise across all areas of housing law, and regularly handles cases relating to succession disputes, possession claims and unlawful eviction. Interviewees are particularly quick to highlight her tenacity in court. She is also a notable expert on homelessness law, and has acted in multiple major cases regarding the law in this area. Strengths: "She is excellent, approachable and down to earth. She goes over and above." "
"Her knowledge of homelessness matters is thorough and impressive. She is very committed and delivers work to a very high standard." "She is superb and really skilled at cutting through a lot of information and getting to the point." Chambers and Partners 2019
"Impressive command of homelessness cases." The Legal 500 2018
"Catherine is a robust and tenacious advocate who is both calm and down-to-earth. She gives clear, practical advice and guidance." Chambers & Partners 2018
"A very tough opponent and really fights her corner." Chambers & Partners 2017
"Very quick, very clever. An excellent advocate." Chambers & Partners 2017
"She is very tenacious but she does it with charm." Chambers & Partners 2016
"A safe pair of hands." Legal 500 2016
Catherine has extensive expertise in social housing and has appeared in some of the landmark cases in that area, in particular the seminal case on vulnerability, representing the Councils in Hotak v Southwark LBC, Kanu v Southwark LBC and Johnson v Solihull MBC. She represented the successful Council before the Supreme Court in Birmingham City Council v Ali (local housing authority's duties to the "homeless at home") and in Solihull MBC v Hickin, relating to the interrelation of the common law rules of survivorship and the statutory rules of succession, and appeared in Porter v Shepherds Bush Housing Association, on "tolerated trespassers", and Birmingham CC v Walker, another succession claim. She has conducted many homelessness appeals before both County Court and Court of Appeal and advises councils on homelessness and allocations issues and policies. Catherine is particularly proficient in all types of possession claims, from anti-social behaviour to successors, acting predominantly for local authority and housing association landlords. She represented Sandwell MBC in the leading case of Hensley, establishing the principle that a tenant convicted of cannabis-farming has a heavy burden to discharge to stay in the property. In anti-social behaviour cases Catherine's formidable cross-examination technique comes to the fore.
Cases: homelessness
• Hotak v Southwark LBC, Johnson v Solihull MBC [2015] UKSC 30: the Supreme Court's consideration of vulnerability and priority need
• Kanu v Southwark LBC [2014] EWCA Civ 1085: the public sector equality duty and vulnerability
• Solihull MBC v Khan [2014] EWCA Civ 41: local authority not obliged to give reasons why accommodation is considered suitable
• R. (on the application of Bates) v Barking and Dagenham LBC [2012] EWHC 4218 (Admin): injunction requiring interim accommodation refused where it was likely C would find her own
• Birmingham City Council v Ali et al [2009] UKHL 36: whether accommodation is suitable depends on the period of time for which the person is to be expected to remain there
• Fazia Ali et al v Birmingham City Council [2008] EWCA Civ 1228: the homelessness procedure was compatible with article 8 of the European Convention on Human Rights
• Omar v Birmingham City Council [2007] EWCA Civ 610: an offer letter did not have to use the exact words of section 193(7) to comply with that statutory provision
• Rowley v Rugby BC [2007] EWCA Civ 483 : the local authority was entitled to rely on an applicant's statement without putting it to her for comments
• Shala v Birmingham CC [2007] EWCA Civ 624: use of medical evidence
• Williams v Birmingham CC [2007] EWCA Civ 691: suitability of accommodation is primarily a matter of appreciation for the local authority with its greater knowledge of the local conditions
• F v Birmingham City Council [2006] EWCA Civ 1427: a woman who moved into accommodation she could not afford against the advice of her social worker was not acting in good faith when she closed her eyes to the relevant facts.
• Aw-Aden v Birmingham City Council [2005] EWCA Civ 1834: does a person coming to this country to look for a job make himself intentionally homeless or is he acting in good faith and in ignorance of a relevant fact?
• Short v Birmingham City Council [2004] EWHC 2112 (QB): an appeal can only be brought out of time if there is a good reason for the delay
Cases: general housing
• Muema v Muema and Croydon LBC [2013] EWHC 3864 (Fam): article 8 does not avail a joint tenant seeking to set aside Notice to Quit in matrimonial proceedings
• Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39: Where a joint tenant moved out leaving his wife and daughter in possession of the property, what happens to the tenancy on the death of the wife? Does the daughter succeed to the secure tenancy or does it remain with the joint tenant by way of survivorship? The Supreme Court upheld Solihull's position that the common law prevailed.
• Porter v Shepherds Bush Housing Association [2008] UKHL 70: tolerated trespassers and revival of tenancies
• Sandwell MBC v Hensley [2007] EWCA Civ 1425: a tenant who has used his home as a cannabis farm must show good reasons why he should be allowed to remain in the property. a vague promise of "a new leaf" is not enough.
• Walker v Birmingham City Council [2007] UKHL 22: where what would otherwise be a succession took place before the concept of succession was enacted, this does not prevent a second succession.
Housing - Anti-Social Behaviour
Dealing with anti-social behaviour is an important part of Catherine's work. She is experienced in handling everything from injunction applications to more complicated possession claims, committals and appeals including matters such as:
• injunctions
• Closure orders
• Introductory, demoted & starter tenancies
• Possession claims
Housing - Disrepair & Housing Conditions
Catherine's career was founded on disrepair claims. After nearly two decades of practice, she is well versed in section 11 claims, EPA prosecutions and liability for all kinds of dampness. Her cross-examination of experts in disrepair claims is enabled by a practical understanding of the use of a Protimeter.
Catherine is highly experiences in the Administrative Court, where she combines acting for local authorities with acting for the Government. She has appeared in innumerable cases before the Administrative Court and Court of Appeal including the lead case on costs when a judicial review claim is settled, M v Croydon LBC [2012] EWCA Civ 595. In immigration, notable cases include:
Catherine represents local authorities across the full range of community care issues, in particular the Administrative Court, and also Court of Protection, offering a sympathetic touch when dealing with sensitive issues. Catherine has a particular interest in age assessment cases having successfully challenged the merits of "expert" evidence in R. (on the application of R) v Croydon LBC where her cross-examination of the Claimant's expert thoroughly discredited her evidence.
She represents many local authorities in relation to age assessments, and the issues arising out of them, and has conducted trials of the age in the quasi-judicial review jurisdiction of the Upper Tribunal as well as before that in the Administrative Court. In R (Aburas) v Southwark LBC [2019] EWHC 2754 (Admin), she defended the local authority's assessment of the care needs of a man with no recourse to public funds in a case which lays down the ground rules for such decisions. She advises authorities about their policies in relation to adoption, NRPF and other cases where her former experience acting for the Government adds an extra dimension to her knowledge of the issues.
Catherine Rowlands also undertakes general civil litigation, especially landlord and tenant and property-related litigation, including boundaries, dilapidations and disrepair claims.
Catherine regularly appears in the Court of Protection, in particular concerned with challenges to deprivation of liberty. She represented the local authority in a significant case before Hayden J considering the question of the capacity of a brain-damaged man with alcoholism to make decisions about his residence and care.
Cases
Tower Hamlets LBC v PB [2020] EWCOP 34
22nd February 2021
Catherine Rowlands has written an article for the Housing Newsletter on the following:
"Time is an illusion. Lunchtime doubly so" said Douglas Adams. In lockdown, time seems to be a meaningless construct. What day is it today? Who knows, who even cares? Well, you may well care if you are dealing with the review and appeal procedure under the Housing Act 1996. The time for carrying out a review (56 days, usually) whips past. It is possible to extend the time for a review by agreement in writing – but what happens if that agreement cannot be reached, and the time expires without reaching a decision? This never used to be an issue. Appellants, when I was young, waited for a decision on review and appealed against that, without complaining too much. However, that is no longer the case, and an appeal against the decision under section 184 is now frequently pursued.
Read article HERE.
3rd December 2015
Local Government Lawyer- Homelessness roundup
Catherine Rowlands rounds up of some of the most important Court of Appeal rulings this year in the homelessness field.
http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=25311%3Ahomelessness-roundup&catid=60%3Ahousing-articles&Itemid=1
12th March 2015
Local Government Lawyer - Evictions and Disability Discrimination Defences
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. Catherine Rowlands analyses the ruling.
http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=22135%3Aevictions-and-disability-discrimination-defences&catid=49%3Acomment-a-analysis-articles&Itemid=1
29th January 2014
The Court of Appeal recently considered whether a local authority needed to give reasons for its accommodation offer. Catherine Rowlands explains the case.
Click here to view the full article.
4th December 2013
Homelessness Case Law Update Paper by Catherine Rowlands, Matt Hutchings and Jack Parker.
Click here to view the paper.
25th July 2012
Solihull Metropolitan Borough Council has won a battle in the Supreme Court – by a majority of three to two – over succession to housing tenancies. The case of Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 revolved around the interplay between common law rules and the Housing Act 1985. Bryan McGuire QC and Catherine Rowlands of Cornerstone Barristers represented Solihull MBC.
Click here to view the full article.
12th April 2012
Catherine Rowlands examines the circumstances where a successful defence relying on Article 8 might arise.
Click here to view the full article.
Catherine is happy to provide training and enjoys lecturing and sharing knowledge with other professionals.
• Administrative Law Bar Association (ALBA)
• Founding member of Social Housing Law Association
News:
Cornerstone Barrister Catherine Rowlands joins Society of Mediators
9th June 2021
We are pleased to announce that our member, Catherine Rowlands MSoM has joined the Society of Mediators and is now able to offer her services as a mediator to clients through....News: Housing
19th February 2021
By Catherine Rowlands “Time is an illusion. Lunchtime doubly so” said Douglas Adams. In lockdown, time seems to be a meaningless construct. What day is it today? Who knows, who even....Case: Housing
Terminating the section 188 duty: spell it out
10th June 2020
The Administrative Court has handed down judgment today on the complex interrelation of the provisions of the Housing Act 1996 as amended by the Homelessness Reduction Act 2017. The Claimant had....News: Housing
Appeals out of time under section 204 of the Housing Act 1996
19th May 2020
By Catherine Rowlands Until 2002, any appeal under section 204 of the Housing Act 1996 had to be brought within 21 days of being notified of the decision. The Court had....Case: Housing
Vulnerability and the PSED: No arid debates. No straitjackets. No disciplinary stick
8th April 2020
McMahon v Watford Borough Council and Kiefer v Hertsmere Borough Council (2020 EWCA) Civ 497
Case: Public Law and Judicial Review, Housing, Health and Social Care, Local Government
Accommodation, care needs and the Localism Act
30th October 2019
R(Aburas) v LB of Southwark [2019] EWHC 2754 (Admin)
....News: Housing
Homes (Fitness for Human Habitation) Act 2018
18th February 2019
By Catherine Rowlands The Homes (Fitness for Human Habitation) Act 2018 travelled through Parliament on a wave of goodwill from all sides, engendered by a realisation, post-Grenfell, of the need to....News: Housing
29th March 2018
It will not surprise anybody to hear that this has been a busy period for all those involved in housing. On a personal level, that has included a successful appearance....News: Housing
Exegetical Suggestions: An analysis of Rother District Council v Stephen Freeman-Roach
29th March 2018
Do as you would be done by? The Court of Appeal in Rother District Council v Stephen Freeman-Roach [2018] EWCA Civ 368 has handed down guidance as to the approach....News: Housing
Cornerstone Barristers Housing Newsletter August 2017
22nd August 2017
The Cornerstone Housing NewsletterAugust 2017 includes...News: Housing, Property
Cornerstone Housing Newsletter - February 2017
6th February 2017
The Editor Speaks - Andy Lane The Housing and Planning Act 2016 Update - Tara O'Leary Homelessness Reduction Bill update 2016/17 - Matt Lewin Neighbourhood Planning Bill 2016/17 - Liam Wells Recent Housing....News: Public Law and Judicial Review, Housing, Property
Cornerstone Housing Newsletter - August 2016
1st August 2016
The latest edition of the Cornerstone Housing Newsletter includes:News: Public Law and Judicial Review, Housing, Health and Social Care
Cornerstone Housing Day 2015 - Presentations
3rd March 2016
Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.News: Public Law and Judicial Review, Housing, Property, Health and Social Care
Cornerstone Housing Newsletter - October 2015
29th November 2015
The latest Cornerstone Housing Newsletter includes...Case: Public Law and Judicial Review, Housing
Cornerstone note Supreme Court homelessness judgment
13th May 2015
SummaryThe 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 Metropolitan....Case: Housing, Health and Social Care
Supreme Court Judgment in Akerman-Livingstone v Aster Communities Limited
12th March 2015
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 v....News: Housing
Cornerstone Newsletter: Bringing You the Latest in Legal Developments
26th January 2015
Click here for the latest legal developments in housing law, as well as commentary, guidance on statutory developments and upcoming cases. Edited by Andrew Lane.....Case: Public Law and Judicial Review, Housing
Cornerstone Double Triple Whammy at Supreme Court Today
15th December 2014
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 QC, Matt Hutchings and Jennifer Oscroft representing Shelter and Crisis, who are intervening.
....Case: Public Law and Judicial Review, Housing
Cornerstone Trio in Supreme Court Triple Whammy
25th November 2014
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 Southwark and Kanu v Southwark, the homeless applicants challenge the Pereira test of vulnerability. The appeals have been listed before the Supreme Court on 15-17 December.
....Case: Public Law and Judicial Review, Housing
Vulnerability and priority need: triple whammy in the Supreme Court
22nd October 2014
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....Case: Public Law and Judicial Review, Housing
29th July 2014
In Kanu v London Borough of Southwark the Court of Appeal has considered the practical application of the case of Hotak v London Borough of Southwark to a case where....Case: Housing
Solihull Metropolitan Council v Shamina Khan: Court of Appeal, 28th January 2014
28th January 2014
In a decision handed down today by the Court of Appeal (Rafferty LJ, Beatson LJ and Sir Robin Jacob) Solihull MBC , represented by Catherine Rowlands of Cornerstone Barristers, has....Case: Housing
7th June 2013
When determining who is in priority need for housing, local authorities must decide the difficult question of whether a person is more vulnerable than the "ordinary homeless person": R v....News:
Attorney General's Panel Appointments
20th February 2013
Cornerstone Barristers are delighted to announce that Catherine Rowlands and Clare Parry have been appointed to the Attorney General's Panel of Counsel with effect from 1 March 2013. Their appointments....Case: Housing
Solihull Metropolitan Council v Elaine Hickin: Supreme Court 25th July 2012
25th July 2012
The Supreme Court has delivered an important judgment which potentially affects all joint council tenants. Where one joint tenant dies and the other no longer resides at the property, does....Case: Housing
Council Wins 3-2 in landmark Supreme Court Possession Appeal
25th July 2012
SOLIHULL METROPOLITAN COUNCIL V ELAINE HICKIN: SUPREME COURT 25TH JULY 2012By a majority decision of the Supreme Court which potentially affects all joint council tenants, Solihull MBC , represented by....Case: Housing
Cornerstone in the Supreme Court
27th June 2012
Bryan McGuire QC and Catherine Rowlands are appearing for the local housing authority in Solihull MBC v Hickin in the Supreme Court on Tuesday 3 July. The Court is being....Case: Housing, Health and Social Care
M v London Borough of Croydon [2012] EWCA Civ 595
14th May 2012
The Court of Appeal has given important guidance on the approach to costs when judicial review claims settle before final hearing. In an age assessment claim against the London Borough....Case: Public Law and Judicial Review, Health and Social Care
Costs in judicial review claims where a settlement is reached before trial
14th May 2012
The Court of Appeal has given important guidance on the approach to costs when judicial review claims settle before final hearing. In an age assessment claim against the London Borough of....Case: Public Law and Judicial Review
Webb and Perks v Walsall Metropolitan Borough Council Land Registry 20th April 2011
20th April 2012
Rights of way and estoppel.....Case: Public Law and Judicial Review
Costs in JRs generally and for age assessment cases
15th March 2012
On Wednesday 14th March, Catherine Rowlands appeared before the Court of Appeal (MR, Stanley Burnton and Hallett LJJ) in M v Croydon County Council arguing about the application of the....Case: Public Law and Judicial Review
R. (on the application of U) v Croydon LBC [2011] EWHC 3312 (Admin)
14th December 2011
....Case: Housing, Health and Social Care
Expert evidence in age assessment cases
21st June 2011
R (R) v London Borough of Croydon [2011] EWHC 1473 (Admin): judgment of Kenneth Parker J. Since the Supreme Court held in R (A) v LB Croydon [2009] UKSC 8 that....Case: Public Law and Judicial Review
R. (on the application of R) v Croydon LBC [2011] EWHC 1473 (Admin)
14th June 2011
....News: Public Law and Judicial Review
28th October 2010
We are pleased to announce that Catherine Rowlands has been appointed as a Recorder dealing with civil matters, assigned to the Royal Courts of Justice.....Case: Housing
Succession to a secure tenancy of a house under Pt 5 Housing Act 1985
31st July 2010
Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868 Solihull Metropolitan Borough Council recovered possession of a valuable three bedroomed property which had been claimed by the daughter of the....Case: Housing, Property
Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868
1st January 2010
Where a joint tenant moved out leaving his wife and daughter in possession of the property, what happens to the tenancy on the death of the wife? Does the daughter....Case: Housing
Housing Association excludes paedophile from its property
7th October 2009
Knightstone Housing Association has obtained an injunction excluding the partner of one of its tenants from the street in which he hoped to live. John Horton has a history of paedophile....News: Planning and Environment
Planning and Local Government issues for Wales
7th September 2009
Planning and Local Government issues for Wales
Monday, September 07, 2009
Chambers was proud to host this essential guide to the latest Planning and Local Government legislative and policy issues affecting Local Authorities at Cardiff City Hall.
....Case: Housing
Birmingham City Council v Ali et al [2009] UKHL 36
1st January 2009
Whether accommodation is suitable depends on the the period of time for which the person is to be expected to remain there.....Case: Housing
Sandwell MBC v Hensley [2007] EWCA Civ 1425
1st January 2007
A tenant who has used his home as a cannabis farm must show good reasons why he should be allowed to remain in the property. a vague promise of "a....Case: Housing, Health and Social Care
F v Birmingham City Council [2006] EWCA Civ 1427
1st January 2006
A woman who moved into accommodation she could not afford against the advice of her social worker was not acting in good faith when she closed her eyes to the....Accommodation, care needs and the Localism Act
30th October 2019
R(Aburas) v LB of Southwark [2019] EWHC 2754 (Admin)
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