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 immigration, together with 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 Rowlands has a practice which covers all aspects of public law, especially social housing, community care, and immigration, together with 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 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.
Representing the government as a member of the Attorney-General's Panel of Counsel gives Catherine an extra degree of insight and understanding of policy issues that affect the law. She also sits as a Recorder in civil cases: she loves the different viewpoint she gains as a Judge, and brings the experience gained in a wide range of cases to bear in her own practice.
Catherine has a Maitrise in French International law from the Université de Paris I (Pantheon-Sorbonne) and speaks fluent French.
"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 has represented several 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 Admin Court. She also acts for the Secretary of State for the Home Department in cases that involve age assessment issues, which adds another dimension to her knowledge of the issues arising, and is currently instructed by the Secretary of State in a case challenging the policy in relation to detention of claimed children in adult detention.
Catherine Rowlands also undertakes general civil litigation, especially landlord and tenant and property-related litigation, including boundaries, dilapidations and disrepair claims.
Substantial experience, including construction disputes, contract dispute, sale of goods and service and personal injury
Gordon Russell (UK) Ltd v Peter Warwick [2006] EWCA Civ 1851
Claim relating to the provision of office furniture; what terms were incorporated into the contract? (acted for successful Respondent)
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
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
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
Cornerstone Barristers Housing Newsletter August 2017
22nd August 2017
The Cornerstone Housing NewsletterAugust 2017 includes...News
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
Cornerstone Housing Newsletter - August 2016
1st August 2016
The latest edition of the Cornerstone Housing Newsletter includes:News
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
Cornerstone Housing Newsletter - October 2015
29th November 2015
The latest Cornerstone Housing Newsletter includes...Case
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Webb and Perks v Walsall Metropolitan Borough Council Land Registry 20th April 2011
20th April 2012
Rights of way and estoppel.....Case
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
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....News
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
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
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 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 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
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
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
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....EVENT
Cornerstone Barristers Housing Conference 2018
2nd October 2018
1
Hosted by the Cornerstone Housing Team, the conference will provide a thorough analysis of the latest developments in housing law and policy, as well as practical advice on a wide....020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: 43 Temple Row, B2 5LS
Cardiff: One Caspian Point, CF10 4DQ
DX: LDE 316 (Chancery Lane)
