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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).

For more information on Christina's experience and expertise, please see the individual practice tabs below.

Christina joined Chambers as a tenant in October 2020. 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, housing law, judicial review and public 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

Public Law and Judicial Review

Christina is an expert in constitutional law, having obtained a PhD from University College London (which she passed without corrections) in which she analysed recent developments in public law adjudication, and offered her views on the nature of the UK constitution and the role and strength of common law rights (e.g. freedom of expression, acess to court/justice, the right to vote etc.). Her PhD was supported by scholarships awarded by the London Arts and Humanities Partnership (LAHP), the Modern Law Review and the UCL Faculty of Law.

Her book, "Shaped by the Nuanced Constitution: A Critique of Common Law Constitutional Rights", which is based on her PhD thesis, is due to be published by Hart Publishing/Bloomsbury in 2022. In addition to her upcoming book, Christina has published on costitutional and adminstrative law jurisprudence, including in peer-reviewed law journals and in blogs (see, for example, here). She has presented papers on public law issues at conferences and symposiums in the UK and other common law jurisdictions, including Hong Kong (University of Hong Kong), Australia (University of Melbourne) and Canada (University of Ottawa).

Christina has taught public law at university level. She is currently a Visiting Lecturer at the University of Law (Bristol/Bloomsbury), where she has taught on the "Public Law" module of the GDL and LL.B as well as the "Civil Litigation" module as part of the university's Bar Training Course programme.

She also chairs the Human Rights Projects Group of MLAG (Muslim Lawyers Action Group), where she is part of the management team.

Christina welcomes requests for led work in public law cases.

She is able to advise clients on - and represent clients in - legal challenges (and defences to challenges) involving the following:

  • Challenging the lawfulness of decisions by public authorities by judicial review or statutory appeal
  • The Human Rights Act 1998 and common law constitutional/fundamental rights
  • Separation of powers, the rule of law and Parliamentary Sovereignty
  • Constitutional conventions
  • Royal prerogative
  • Equality law legislation, including the Equality Act 2010

As part of her public law and judicial review practice, Christinas has prepared a practical summary on protest rights/how to bring a claim against the police for harm or injury caused for XR, 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, and drafted objections for a private client concerning the issuing of a tree protection order (TPO), and has drafted and assisted with statements of case and skeleton arguments in judicial review proceedings (both for claimants and respondents) that concerned, for example, the Public Sector Equality Duty (PSED), climate change and environmental protections under EU law, and the Gender Recognition Act 2004.

Overview

Health and Social Care Law

Christina has experience with a wide range of health and social care matters.

Christina was recently seconded to the legal department of the London Borough of Tower Hamlets for three months, where she specialised in adult social care and safeguarding. Through this role, and her practice in Chambers, she has gained experience in particular with the following:

  • Ordinary residence disputes, including referrals to the Secretary of State for Health and Social Care
  • Legal obligations towards individuals with No Recourse to Public Funds (NRPF)
  • Local authorities' obligations under the Care Act 2014, including the lawfulness of assessments
  • Inherent jurisdiction powers of the High Court
  • Interrelation with the NHS and disputes with the NHS over continuing health care
  • Best interest decisions
  • After-care disputes, including advising on the extent of financial obligations
  • Deprivation of liberty, including in hospital settings
  • Independent Mental Capacity Advocates (IMCA)
  • Safeguarding of vulnerable adults in complex family contexts

Christina has also advised on children social care related matters, and has gained experience with age assessments in cases with immigration law elements, local authorities' obligations as to children's education, and the National Referral Mechanism in cases of suspected child victims of trafficking.

Her secondment to the Council gave her an insight into the workings of local authorities, such that she is in a good position to understand and take into account when advising and representing any prospective local authority clients the pressures, objectives and concerns local councils have, both from a legal and non-legal perspective.

News

Six months to go, seven key changes: Moving from the DoLS regime to Liberty Protection Safeguards in April 2022
07.10.2021
The Liberty Protection Safeguards scheme, which was introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019, is, after some delay, expected to come into force in April 2022,....

Overview

Court of Protection Law

Christina has appeared in front of the Court of Protection to represent local authorities as well as the Office of the Public Guardian. She is a member of the Court of Protection Bar Association.

Christina was recently seconded to the legal department of the London Borough of Tower Hamlets for three months, where she specialised in adult social care and safeguarding, including Court of Protection work and mental capacity law. Through this role, and her practice in Chambers, she has gained experience in particular with the following:

  • Appearing before the COP in section 21A challenges and LPA/deputyship matters
  • Reviewing Court of Protection application documents and witness statements
  • Advising on the need to and/or possibility of commencing COP proceeding
  • Advising on the benefits and disadvantages of being joined as a party to section 21A proceedings
  • Deprivations of Liberty Safeguards (DoLS), including the prospective change to the Liberty Protection Safeguards, which are planned to come into force in April 2022.

Christina's secondment to the London Borough of Tower Hamlets gave her an insight into the workings of local authorities, such that she is in a good position to understand and take into account when advising and representing any prospective local authority clients the pressures, objectives and concerns local councils have, both from a legal and non-legal perspective.

News

Six months to go, seven key changes: Moving from the DoLS regime to Liberty Protection Safeguards in April 2022
07.10.2021
The Liberty Protection Safeguards scheme, which was introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019, is, after some delay, expected to come into force in April 2022,....

Overview

Planning and Environment law

Christina has a growing planning and environmental law practice. She has appeared in inquiries as a junior (2-week planning inquiry involving heritage, noise and transport evidence, led by Michael Bedford QC), and on her own (enforcement appeal, acting for the appellant, involving grounds (g) and (d)). She has further assisted with a range of planning matters, including the following:

  • Drafted a rebuttal to the alleged shortcomings of a sustainability appraisal by a local authority in the context of the adoption of a local plan
  • 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
  • Assisted with a 1-week planning appeal during pupillage, for which she drafted part of the closing statement, focusing on heritage aspects
  • Advised a local authority on the recoverability of a section 106 contribution

Christina marshalled Mr Justice Holgate at a statutory appeal and a judicial review at the High Court in 2020.

She has also written for Lexis PSL's Environment Newsletter, she has spoken at a Chambers' webinar on compulsory purchase powers, and she has contributed to a note for the UK Environmental Law Association (UKELA) together with colleagues at Chambers, focusing on climate change challenges and Net Zero, in the run-up to COP26.

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

Information and data protection law

Christina is part of Chambers' small but growing team of Information Law and Data Protection lawyers. She has a keen interest in this area of law, and is looking to grow her practice, having previously advised clients on the following:

  • The UK General Data Protection Regulation (UK GDPR)
  • Data Protection Act 2018
  • Privacy and Electronic Communications Regulations (PECR)
  • Freedom of Information Act 2000
  • Confidentiality and privacy at common law
  • Articles 8 and 10 of the European Convention on Human Rights (ECHR)

Due to academic background - specifically her PhD, which entailed a detailed analysis of common law rights in the privacy sphere, and the significance of the Supreme Court decision in Kennedy v Information Commissioner - Christina is well placed to advise on the interface of common law rights and rights protected by the European Convention on Human Rights/HRA 1998. She has published on recent information law developments on Chambers' website, and has contributed to webinars.

As part of her information law practice, Christina has, amongst other things, drafted pleadings in the context of data protection breaches and exemptions under the Freedom of Information Act, has advised local authorities on common law rights to privacy, has advised on and drafted website privacy notices for different organisations, has advised local authorities on quantum and settlement options following data protection breach allegations, advised on inter-jurisdictional processor/controller responsibilities, and advised a local authority on their data protection obligations in the context of a selective licensing scheme consultation.

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

Housing law

As part of her housing law practice, Christina has a particular interest in financial penalties and prosecutions under the Housing Act 2004, appeals to the FTT against financial penalties, and offences in the context of houses in multiple occupation (HMOs) and selective licensing schemes. She has prosecuted on behalf of local authorities in the context of environmental offences and failures to respond to requests for information and documents.

Christina is also experienced in, and is available to advise on and represent clients in:

  • Possession proceedings (substantive proceedings and enforcement)
  • Statutory succession
  • Housing allocation scheme policies
  • Disrepair claims
  • Tenancy deposit protections
  • Anti-social behaviour measures, including injunctions, ABCs, mediations, possession claims and closure orders

She regularly contributes to Cornerstone's webinars on housing law developments (see webinars on the new Breathing Space scheme and possession proceedings during the pandemic), and has contributed to Chambers' housing law newsletter.

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

Alternative Dispute Resolution Law

Christina has a keen interest in alternative dispute resolution, particularly mediation and community conflict resolution. She is a qualified mediator, having trained with the Society of Mediators (full-time, 40 hours, Mediation Foundation 500) in January 2020. This involved multiple mock mediations led by experienced mediators as well as written and practical mediation exams in the civil and commercial context, including contractual disputes and medical negligence.

Since completing her accredited training, Christina has attended and observed a full-day mediation in the sphere of child maintenance obligations as well as a full-day mediation concerning NHS clinical negligence/compensation.

Christina is signed up to be part of Calm Mediation's Spring 2022 intake for volunteer mediators, specifically to mediate on Calm's Neighbourhood Mediation scheme on a voluntary basis. Christina will be able to bring her experience in housing law, anti-social behaviour matters and property/boundary disputes to this role.

Christina is available to be instructed to mediate and co-mediate disputes as well as being available to advise on, and represent clients (including local authorities and other entities) at, mediations.

Overview

Local Government Law

Christina regularly advises local authorities on matters ranging from licensing schemes to council tax appeals, and from Equality Act 2010 obligations and challenges to anti-social behaviour measures to building regulations partnership schemes.

Naturally, there is a cross-over between this practice area and other practice areas, so please consult the other practice area tabs for further details.

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....

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.

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

19th February 2021

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 operations and services. The idea behind the toolkit is to assist its users in recognising some of the central risks to the rights and freedoms of individuals that are created by the use of data analytics. In what follows, I summarise the basic functions and aims of the toolkit, and explain its potential relevance for local authorities' data processing regimes.

Rad further 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

News: Court of Protection, Health and Social Care

Six months to go, seven key changes: Moving from the DoLS regime to Liberty Protection Safeguards in April 2022

7th October 2021

The Liberty Protection Safeguards scheme, which was introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019, is, after some delay, expected to come into force in April 2022,....

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....