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Philip Kolvin

Dr Christina Lienen

Called
2019
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

Christina accepts instructions in all areas of Chambers' work.

She has a particular interest and growing practice in Public Law & Judicial Review, Planning & Environmental Law, Health and Social Care Law & Court of Protection work, and Data Protection/Information Law.

Secondment

Christina is currently seconded to the Legal Department of the London Borough of Tower Hamlets as a Senior Adult Social Care/Safeguarding Lawyer.

This is a part-time role (3 days/week) - Christina is still taking on instructions through Chambers, and is continuing to look after her long running cases.

Her work at the Council is varied, including section 21A challenges under the Mental Capacity Act 2005, DoLS, ordinary residence disputes, Children's Social Services and Safeguarding, NRPF, Care Act 2014 obligations and inherent jurisdiction.

Legal practice experience

Christina is able to provide clear, accessible advice and representation to professional clients and individuals who wish to instruct her without a solicitor (i.e., on a public access basis).

Christina has a legal practice encompassing in particular the following areas:

1. Health & Social Care Law and Court of Protection work: advisory work and representation

2. Planning and Environmental Law: inquiries, enforcement appeals and advisory work

3. Public Law & Judicial Review: drafting and advisory work

4. Housing Law (with a focus on HMOs, selective licensing and penalties under the Housing Act 2004 and Housing and Planning Act 2016): advisory work and representation, including in possession proceedings

5. Anti-social behaviour (with a focus on injunctions, closure orders, and the Anti-social Behaviour, Crime and Policing Act 2014 more generally): advisory work and representation

6. Data Protection/Information Law: drafting (pleadings, online privacy notices etc.) and advisory work

During her pupillage, Christina benefitted from the supervision of Estelle Dehon, Philip Coppel QC and Dean Underwood, principally in the areas of planning and environmental Law, commercial law, freedom of information and data protection law, and housing law.

Mediation/ADR

Christina is an accredited mediator, having trained with the Society of Mediators (2020, 40 hours qualification).

She can be instructed as a mediator and is also available to represent clients at mediations.

Academic background & publications

Christina was called to the Bar by Middle Temple as a Queen Mother Scholar (BPTC) and Jules Thorn Scholar (GDL). Having previously obtained a distinction at the University of Oxford (MJur, ranked second in year), she holds a PhD in Constitutional Law from the University College London (UCL), which she was awarded without corrections.

She has held a position as Teaching Fellow in Public Law at University College London (UCL), and is currently a Visiting Lecturer at the University of Law.

Her academic work on public law and common law constitutional rights in particular has been published in leading peer-reviewed journals, and she has presented her research at academic conferences, including in the UK, Hong Kong, Dublin, and Australia.

Her book Shaped by the Nuanced Constitution: A Critique of Common Law Constitutional Rights is due to be published by Hart Publishing in 2022.

Christina is also the contributor of three titles of Lexis Nexis' Atkin's Court Forms, namely "Transfer and Consolidation", "Trespass to Goods and Conversion" and "Transport" (all forthcoming in 2021).

Pro bono & civic engagement

Christina is a member of the Muslim Lawyers Action Group (MLAG), where she chairs the Human Rights Projects Group.

Prior to taking up that role, Christina provided pro bono advice through the Brixton Advice Centre (BAC) (April 2020 - May 2021), an online legal advice clinic which was recently awarded the 2020 Law Works Award in the "Best Contribution by a Pro Bono Clinic" category.

She has also provided pro bono advice and representation through Advocate, and previously volunteered as a telephone advisor with Citizens Advice.

She welcomes pro bono enquiries by organisations, solicitors and individuals, in particular those concerned with human/constitutional rights, ethnic inequality/religious discrimination, and the environment.

Overview

Information and data protection law

  • Advised a local authority on liability and quantum regarding a data protection breach under the DPA and GDPR.
  • Drafted an advice on a local authority’s data protection law obligations in the context of a selective licensing scheme consultation, focusing on the GDPR’s “purpose limitation”.

  • Drafted a reply in the First-tier Tribunal in the context of an appeal concerning various exemptions under the Freedom of Information Act.

  • Drafted an advice on inter-jurisdictional processor/controller responsibilities.

  • Advised on the regulatory framework and drafted a GDPR compliant website privacy notice for an advice centre on a pro bono basis.

Events

Zoom webinar - GDPR 2 years on - Lessons learned and practical tips for compliance
22.06.2020


The Cornerstone Information Law team has been at the forefront of advising private and public sector clients in overcoming the challenges posed by GDPR implementation. Our experience suggests that there remain....

Overview

  • Assisted a local authority with, and drafted a skeleton argument for, an application for an extension of time for filing and serving its summary grounds of defence in judicial review proceedings.

• Drafted a skeleton argument opposing renewal of a judicial review human rights challenge under the Gender Recognition Act 2004.

• Prepared an info sheet for XR members on how to bring a claim against the police for harm or injury caused during an arrest.

• Contributed to an advice to the Equality and Human Rights Commission on their draft submissions to the UN Human Rights Committee concerning the UK's compliance with the rights to privacy, freedom of expression and association under the ICCPR.

• Prepared research notes and reviewed statements of case for a public sector equality duty judicial review defence.

Anti-social behaviour law

  • Successfully obtained an ASB injunction, including an exclusion order, for a local authority.
  • Advised a local authority on the merits of applying for a further extension of an ASB Injunction running in parallel to possession proceedings.
  • Wrote an advice for a local authority client on the most appropriate options to stop illegal raves from recurring.

  • Drafted an advice on the options available to a local authority in the context of residential anti-social behaviour, exploring both informal measures (ABCs, community resolutions, mediation and warnings) and formal measures (injunctions, criminal behaviour orders, community protection notices and closures order under the Anti-social Behaviour, Crime and Policing Act 2014 and forfeiture).

Overview

Planning and Environment law

  • Junior on a two-week planning inquiry involving heritage, noise and transport evidence (led by Michael Bedford QC).
  • Assisted with a rebuttal to the alleged shortcomings of the sustainability appraisal by a local authority in the context of the adoption of a local plan.
  • Marshalled Mr Justice Holgate at a statutory appeal and a judicial review at the High Court.

  • Drafted a judicial review pre-action protocol letter, statement of facts and grounds and a reply in a judicial review application challenging the grant of planning. permission on EU law, Green Belt, reasons and climate change grounds.

  • Drafted a skeleton argument for a without notice planning enforcement injunction hearing.

  • Drafted part of a planning closing statement, focusing on heritage aspects.

Cases

Redevelopment of redundant poultry plant for residential rejected as unsustainable in a rural location
26.03.2021
Haughley Park is a Grade I listed mansion in a parkland setting in the countryside to the west of Stowmarket but with "very unusual" addition of a large redundant poultry....

Overview

Contract/tort/commercial law

  • Drafted Particulars of Claim in a breach of contract and unjust enrichment matter, which involved agency law.

  • Drafted a skeleton argument for a summary application hearing in a commercial dispute involving breach of contract, breach of fiduciary duties and an unlawful means conspiracy.

  • Advised a pro bono client on a leasehold disrepair claim, which included the drafting of a Part 36 offer and a Calderbank offer.

Overview

Housing law

  • Drafted a skeleton argument for a local authority to defend an intentional homelessness decision.
  • Advised a local authority on a matter involving statutory succession and discretionary policies under the authority's Housing Allocation Scheme.
  • Drafted a defence in the context of a historic possession proceedings involving points on limitation periods.
  • Drafted an advice on the disputed power under s. 249 of, and Schedule 13A to, the Housing Act 2004 to increase the penalty amount between issuing a notice of intent and a final penalty notice for failure to apply for an HMO licence.

  • Advised a pro bono client on penalties for the incorrect handling of a tenancy deposit under Chapter 4 of the Housing Act 2004.

  • Drafted a skeleton argument in an appeal involving an intentional homelessness determination by the local housing authority.

  • Drafted an opinion on the correct approach to designating an area for selective licensing under section 80 of the Housing Act 2004.

  • Drafted a skeleton argument for a CMC in a repossession claim (rent arrears and ASB).

  • Drafted a reply in possession proceedings involving a mandatory antisocial behaviour ground under section 84A(3) of the Housing Act 2004 and rent arrears under Schedule 2 of the Housing Act 2004.

News

Ending a tenancy following the death of the tenant: Court of Appeal clarifies Notices to Quit regime
19.02.2021
By Dr Christina Lienen When an assured or secure sole tenant dies and there is no other person entitled to statutorily succeed to the tenancy, a contractual tenancy will continue to....

Court of Appeal clarifies important aspects of the Covid-19 possession hearings stay and encourages parties to be pro-active
15.05.2020
By Dr Christina Lienen Earlier this week, in Arkin v Marshall [2020] EWCA Civ 620, the Court of Appeal determined important issues about the validity and effect of Practice Direction 51Z,....

Overview

Court of Protection Law

  • Advised a local authority on CHC funding and the prospects of challenging a CCG finding (including by judicial review) of there no longer being a primary health need under the National Framework 2012 and the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012.
  • Represented the Office of Public Guardian at a hearing determining capacity and appointing a deputy under the Mental Capacity Act 2005.

  • Advised a local authority on the procedure followed by a CCG in determining continuing care obligations as well as ordinary residence under the Care Act 2014.

Ending a tenancy following the death of the tenant: Court of Appeal clarifies Notices to Quit regime

22nd February 2021

Dr Christina Lienen has written a piece in the Housing Newsletter summarising the implications of the recent Court of Appeal decision in Gateway Housing Association v Personal Representatives of Ali, which has important practical implications for landlords seeking to recover possession of premises where the tenant has passed away, relating to the steps they need to take to serve notice to quit on the Public Trustee.

Read article HERE.

LexisPSL: ‘No support in statute or authority’ for limiting the decision-maker’s planning judgment (Gladman Developments v SSHCLG)'

10th February 2021

LexisPSL: Planning analysis: The Court of Appeal has clarified the relationship between the presumption in favour of sustainable development in paragraph 11 of the National Planning Policy Framework (NPPF) and the statutory duty in section 38(6) of the Planning and Compulsory Purchase Act 2004 (PCPA 2004) to determine applications in accordance with the development plan, unless material considerations indicate otherwise.

Reinforcing well-established case law, the court held that the exercise of assessing a development's compliance with the policies in the NPPF can properly embrace consideration of policies in the development plan. Whether or not (and how) to include any relevant development plan policies is a matter of planning judgment. The court also held that there is no prescribed method for discharging the statutory duty under PCPA 2004, s 38(6). The decision-maker can go about the task in a way that seems suitable in the particular circumstances of the case, which may include an approach that incorporates the application of the tilted balance under para 11d)ii into the decision-making under PCPA 2004, s 38(6) in one all-encompassing stage.

To continue reading, see HERE (subscription required).

  • Court of Protection Bar Association (CPBA)
  • Muslim Lawyers Action Group
  • Lexis PSL's Case Analysis Expert Panel

Case: Planning and Environment, Local Government

Redevelopment of redundant poultry plant for residential rejected as unsustainable in a rural location

26th March 2021

Haughley Park is a Grade I listed mansion in a parkland setting in the countryside to the west of Stowmarket but with "very unusual" addition of a large redundant poultry....

News:

ICO launches new toolkit: Using data analytics in public decision-making

19th February 2021

By Dr Christina Lienen The Information Commissioner’s Office (ICO) launched a toolkit this week aimed at organisations, including local authorities, who are considering implementing data analytics into the running of their....

News: Housing

Ending a tenancy following the death of the tenant: Court of Appeal clarifies Notices to Quit regime

19th February 2021

By Dr Christina Lienen When an assured or secure sole tenant dies and there is no other person entitled to statutorily succeed to the tenancy, a contractual tenancy will continue to....

News: Housing

Court of Appeal clarifies important aspects of the Covid-19 possession hearings stay and encourages parties to be pro-active

15th May 2020

By Dr Christina Lienen Earlier this week, in Arkin v Marshall [2020] EWCA Civ 620, the Court of Appeal determined important issues about the validity and effect of Practice Direction 51Z,....

Redevelopment of redundant poultry plant for residential rejected as unsustainable in a rural location

26th March 2021

Haughley Park is a Grade I listed mansion in a parkland setting in the countryside to the west of Stowmarket but with "very unusual" addition of a large redundant poultry....