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Philip Kolvin

Dean Underwood

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2002
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020 7242 4986
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Dean specialises in landlord and tenant, property, public and administrative law and has a particular expertise in housing and related administrative law. He also has expertise in local government, regulation and health and social care law.

Dean advises and represents local authorities and landlords nationwide, as well as individuals.

Dean specialises in landlord and tenant, property, public and administrative law and has a particular expertise in housing and related administrative law. He also has expertise in local government, regulation and health and social care law.

Dean advises and represents local authorities and landlords nationwide, as well as individuals. He has experience in all courts, from County Court to Supreme Court and appears regularly before the First Tier Tribunal and the Upper Tribunal's Administrative and Property Chambers.

Dean is widely regarded as a leader in his field. He is consistently ranked as a leading junior in housing, property and administrative law in Chambers UK and the Legal 500. Clients say of him:

"He's an excellent advocate ... understands the sector very, very well and is easy to deal with – someone you can rely on." Chambers UK 2016

 "He is outstanding ...produces clear paperwork, writes well and has an excellent grip on all the legal issues" Chambers UK 2015

 "He keeps his ear to the ground and is always informed on developments in the sector" Legal 500 2015

"He is wedded to the sector; a social housing machine."  Legal 500 2017

"Specialises in landlord and tenant matters." Legal 500 2017

"He gets results, and his friendly and down-to-earth manner make him a client favourite." - Legal 500 2017

"Exceptional understanding of housing issues, he is a thoroughly nice person and great with clients." Chambers & Partners 2017

"Very responsive and solution-oriented." Chambers & Partners 2017

"He gives clients immediate confidence in his abilities." Legal 500 2016

"He provides exceptional client care and very clear advice – no sitting on the fence." Legal 500 2016

"He's an excellent advocate; he's strong technically and clients like him." "He understands the sector very, very well, and is easy to deal with - someone you can rely on." Chambers & Partners 2016

"He keeps his ear to the ground and is always informed on developments in the sector." Legal 500 2015

Overview

Dean has particular expertise in the law governing public sector landlords and tenants and is ranked by Chambers UK and the Legal 500 as a Leading Junior in housing and administrative law. He advises and represents local authorities and housing providers nationwide in:

• judicial reviews of homelessness and housing allocation decisions
• statutory homelessness appeals
• repossession and demotion claims
• human rights, discrimination and Equality Act challenges
• statutory succession and right to buy proceedings
• claims for anti-social behaviour injunctions
• applications to commit for breach of injunctions and undertakings
• disrepair, nuisance and statutory nuisance claims
• mandatory, additional and selective licensing under the Housing Act 2004
• unlawful eviction and harassment cases
• service charge disputes
• welfare benefit proceedings
• issues concerning the HCA's Regulatory Framework
• policy challenges.

Dean is the current Chair of the Social Housing Law Association and delivers training nationwide on all housing law issues.

Cases

Unlawful sub-letting & the abuse of social housing
07.08.2017
High court overturns SPO and gives unprecedented UPO guidance Poplar HARCA v (1) Begum (2) Rohim [2017] UKHC 2040 (QB) "... it is not compassionate to allow profiteering fraudsters indefinitely to continue to occupy....

London Borough of Waltham Forest v Tuitt: When is a house not a house?
14.11.2016
In the prosecution of three offences under Part 3 of the Housing Act 2004, Thames Magistrates' Court has held that each of the flats in a converted mid-terrace house is....

No second bite at the cherry - High Court rejects back door challenge to capacity decision
20.04.2015
Werrett v Evesham & Pershore Housing Association Ltd [2015] EWHC 1060 (QB) The High Court has rejected an attempt by a defendant of possession proceedings to appeal a decision not to....

Sims v Dacorum Borough Council [2013] EWCA Civ 12; [2013] All ER (D) 172 (Jan); (2013) 157(4) SJLB 43
31.01.2013
Dean Underwood and Andrew Lane represented the local authority in its successful defence of Court of Appeal proceedings. Mr Sims challenged the compatibility of the common law rule in Hammersmith....

R (George) V Hammersmith & Fulham LBC [2012] EWHC 210 (Admin); [2012] All ER (D) 124 (Apr); [2012] June LAG 36
30.06.2012
Dean successfully defended the local authority against a challenge to the "Discretionary tenancy" section of its allocation policy and, more particularly, to a decision by the local authority not to....

West Kent Housing Association V Grant, Tunbridge Wells County Court, July 2011
11.07.2011
Dean acted for the housing association in its successful application to have public law and human rights defences to a possession claim dismissed summarily in accordance with Manchester City Council....

Sheppard V Community Housing Association [2008] EWHC (QB)
30.07.2008
In two separate but related matters in the Queen's Bench Division, Dean defended an application to transfer county court proceedings between the parties to the High Court and a claim....

Sanctuary Housing Association V Darnel [2006] EWHC (QB)
31.07.2006
An appeal against a county court decision not to make a possession order in a claim brought on grounds of rent arrears. The appeal concerned the proper application of Cumming....

News

Cornerstone Barristers Housing Newsletter August 2017
22.08.2017
The Cornerstone Housing NewsletterAugust 2017 includes...

  • The Editor speaks - Andrew Lane
  • Are housing associations public or private? - Catherine Rowlands
  • How can housing authorities respond to an emergency? - Matt Lewin
  • Unlawful sub-letting &....

  • Cornerstone Housing Newsletter - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • Dean Underwood and Clarke Willmott consider future housing law and policy at House of Lords
    07.07.2016
    Yesterday afternoon, Dean Underwood joined leading solicitors and key clients Clarke Willmott LLP at the House of Lords to discuss current and future issues in housing law and policy. Dean joined....

    Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
    31.05.2016
    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    Cornerstone Housing Newsletter - May 2016
    04.05.2016
    The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....

    Cornerstone Housing Day 2015 - Presentations
    03.03.2016
    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.

  • Key developments in Housing....

  • Cornerstone Housing Newsletter - February 2016
    01.02.2016
    The latest Cornerstone Housing newsletter includes:

  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • Cornerstone Housing Newsletter - October 2015
    29.11.2015
    The latest Cornerstone Housing Newsletter includes...

  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • Dean Underwood of Cornerstone Barristers to be next Chair of SHLA
    18.11.2015
    We are pleased to announce that Dean Underwood of Cornerstone Barristers has been appointed Chair of the Social Housing Law Association, with effect from 1st January 2016. Dean is a leading junior....

    Thomson Reuters: LLG Housing Seminar blog
    25.09.2015

    Andrew Lane and Dean Underwood presented on anti-social behaviour

    ....

    Cornerstone Barristers Housing Newsletter - July 2015
    23.07.2015
    The latest Cornerstone Barristers Housing Newsletter includes...

  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Overview

    Dean is recognised in the latest edition of The Legal 500 as a Leading Junior in property litigation.

    His property practice comprises both real property and residential and commercial landlord and tenant work.

    He has particular expertise in residential and commercial leasehold disputes, including forfeiture and the recovery of estate and service charges, and advises public sector landlords about complex property issues, including interference with easements. He also advises and represents local authorities in the compulsory purchase of property, including claims before the Upper Tribunal for compensation.

    Cases

    Golds V Henson [2013] EWHC (QB)
    31.07.2013
    Dean represented the respondent in her former landlord's appeal against liability for an unlawful eviction. Dean persuaded the court to exercise its rarely-used power under CPR 52.9 to set aside....

    Henson V Blackwood & Blackwood [2012] August LAG 26
    31.08.2012
    Dean acted on behalf of the former tenant of a private landlord in her claim for damages for harassment and distress caused when she and her young daughter were evicted....

    Aiyedogbon V Best Move Estate Agent Ltd [2012] June LAG 35
    30.06.2012
    Dean represented the former tenant of a professional landlord in his claim for damages for harassment and distress caused by his unlawful eviction from residential premises. Dean recovered damages and....

    Howard V Stanton [2011] EWCA Civ 1481; [2012] All ER (D) 201 (May); [2012] March LAG 23
    31.05.2012
    Dean represented a former assured shorthold tenant, Mrs Howard, in a successful second appeal to the Court of Appeal. Mrs Howard's former landlord, Ms Stanton, had appealed an order made....

    Bruce v Woods [2007] February LAG p30
    27.02.2007
    A harassment claim arising from a long-lasting 'nasty neighbour' dispute. Dean acted on behalf of the claimants, who recovered damages exceeding £18,000.....

    Dovetail Estates Ltd V Mazrekaj [2006] March LAG P28
    31.03.2006
    An accelerated possession claim dismissed for abuse of process. The claim concerned the proper application of Lower Street Properties v Jones [1996] 28 HLR 877 and Mannai Investments Co Ltd....

    News

    Cornerstone Housing Newsletter - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • Cornerstone Housing Newsletter - October 2015
    29.11.2015
    The latest Cornerstone Housing Newsletter includes...

  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • Dean Underwood of Cornerstone Barristers to be next Chair of SHLA
    18.11.2015
    We are pleased to announce that Dean Underwood of Cornerstone Barristers has been appointed Chair of the Social Housing Law Association, with effect from 1st January 2016. Dean is a leading junior....

    Overview

    Dean is ranked by the Legal 500 as a Leading Junior in public and administrative law and has particular expertise in the judicial review of decisions concerning the:

    • allocation and management of social housing
    • provision of accommodation for the homeless pending review and appeal
    • allocation of discretionary housing payments and disabled facilities grants
    • designation of areas for additional and selective licensing under the Housing Act 2004
    • assessment of- and provision for care and support needs under the Care Act 2014
    • provision of accommodation under the National Assistance Act 1948 and the Care Act 2014
    • assessment of a child's age for the purposes of the Children Act 1989.

    Dean also specialises in defending human right and public and administrative law challenges to public authority possession actions. He represented the respondent housing provider in Southern Housing Group v Ahern [2016] EWCA Civ (tbc), in which a Starter tenant claimed unsuccessfully that his landlord's decision to recover possession of his home was void in public law.

    He also has expertise in the disability discrimination provisions of the Equality Act 2010 and has extensive experience defending the discrimination claims of social housing tenants.

    Dean drafts and advises local authorities about their housing policies and procedures.

    Cases

    Oxford City Council V Basey [2012] EWCA Civ 115; [2012] 3 All ER 71; [2012] HLR 22; (2012) 109(9) LSG 16; [2012] All ER (D) 94 (Feb)
    31.07.2012
    Dean was led in this appeal from the Upper Tribunal by Hardwicke's Arthur Moore. The appeal concerned the meaning of "sheltered accommodation" in Schedule 1 to the Housing Benefit Regulations....

    Brough V (1) Law (2) Child Support Enforcement Commission [2011] EWCA Civ 1932; [2012] 1 WLR 1021; [2012] PTSR 897; [2012] 1 FLR 375; [2012] Fam.Law. 11; The Times 07.11.11
    27.02.2012
    The appeal concerned the proper construction of provisions in the Child Support Act 1991 governing the termination of maintenance assessments in respect of qualifying children and, more particularly, whether the....

    JB V (1) Oxford City Council V (2) Secretary Of State For Work And Pensions [2011] UKUT 136 (AAC) Upper Tribunal
    31.07.2011
    Dean represented the respondent local authority in this appeal before the Upper Tribunal. The appeal concerned the meaning of "sheltered accommodation" in Schedule 1 to the Housing Benefit Regulations 2006....

    CH 0609-2004
    30.03.2011
    A successful appeal before the Social Security Commissioner considering the correct approach to determining whether an overpayment of benefits caused by official error is recoverable under Regulation 99(2) of the....

    News

    Cornerstone Housing Newsletter - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • Dean Underwood and Clarke Willmott consider future housing law and policy at House of Lords
    07.07.2016
    Yesterday afternoon, Dean Underwood joined leading solicitors and key clients Clarke Willmott LLP at the House of Lords to discuss current and future issues in housing law and policy. Dean joined....

    Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
    31.05.2016
    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    Cornerstone Housing Newsletter - May 2016
    04.05.2016
    The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....

    Cornerstone Housing Day 2015 - Presentations
    03.03.2016
    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.

  • Key developments in Housing....

  • Cornerstone Housing Newsletter - February 2016
    01.02.2016
    The latest Cornerstone Housing newsletter includes:

  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • Cornerstone Housing Newsletter - October 2015
    29.11.2015
    The latest Cornerstone Housing Newsletter includes...

  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • Dean Underwood of Cornerstone Barristers to be next Chair of SHLA
    18.11.2015
    We are pleased to announce that Dean Underwood of Cornerstone Barristers has been appointed Chair of the Social Housing Law Association, with effect from 1st January 2016. Dean is a leading junior....

    Cornerstone Barristers Housing Newsletter - July 2015
    23.07.2015
    The latest Cornerstone Barristers Housing Newsletter includes...

  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Overview

    Dean specialises in the licensing of houses in multiple occupation and other residential accommodation under Parts 2 and 3 of the Housing Act 2004 and is well-placed to advise local authorities about the requirements of additional and selective licensing schemes, both pre- and post-designation, approval and/or confirmation. He is similarly well-placed to represent local authorities before both the courts and tribunals in licensing litigation under the 2004 Act.

    Overview

    Dean advises and represents local authorities in complex community care cases and offers expertise in age assessments, care assessments and in the provision of accommodation by local authority social services departments under both the National Assistance Act 1948 and the Care Act 2014.

    He has particular experience acting against parties with significant mental health problems and is well placed to handle cases involving the Official Solicitor and other litigation friends.

    Dean successfully represented the respondent housing provider in Evesham & Pershore HA Ltd v Werrett [2015] EWHC 1060 (QB): an appeal before the High Court in which the litigation capacity of a brain-injured tenant was brought starkly into issue.

    News

    Cornerstone Housing Day 2015 - Presentations
    03.03.2016
    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.

  • Key developments in Housing....

  • Cornerstone Housing Newsletter - October 2015
    29.11.2015
    The latest Cornerstone Housing Newsletter includes...

  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • Thomson Reuters: LLG Housing Seminar blog
    25.09.2015

    Andrew Lane and Dean Underwood presented on anti-social behaviour

    ....

    Overview

    Dean offers wide experience of housing regulation and the requirements of the Homes and Communities Agency's Regulatory Framework. He offers informed and practical advice about compliance with the HCA's consumer and economic standards and the consequences of default.

    Local Goverment Lawyer - Consult in haste, repent at leisure

    20th May 2016

    Lawful consultation under Parts 2 and 3 of the Housing Act 2004.  As local housing authorities nationwide consider introducing or renewing additional and selective licensing schemes, Dean Underwood considers the requirements of a key pre-condition to designation and provides local housing authorities with tips about lawful consultation.
    Click here to read the full article.

    Thomson Reuters - LLG Housing Seminar blog

    25th September 2015

    Andrew Lane and Dean Underwood presented on anti-social behaviour, the right to buy and assets of community value at a recent seminar for Lawyers in Local Government Housing and Regeneration group. In their presentations, they considered:

    • The Anti-social Behaviour Crime and Policing Act 2014 with particular focus on civil injunctions and the new possession grounds introduced under the Act.
    • Extending the right to buy: proposals, prospects and politics.
    • The assets of community value regime under the Localism Act 2011 and how it is working in practice.

    Click here for further information on the seminar.

    Local Government Lawyer - No second bite at the cherry

    23rd April 2015

    The High Court has rejected a back-door challenge brought by a defendant to possession proceedings to a decision on capacity. Dean Underwood explains why.
    Click here to read the full article.

    Serious detriment, time to reconsider?

    14th October 2014

    Dean Underwood considers the Homes and Communities Agency's recent Consumer Regulation Review and the questions it throws up about the threshold for HCA intervention.

    Click here to view full article.

    Local Government Lawyer - The Homes and Communities Agency and intervention

    2nd October 2014

    Dean Underwood considers the Homes and Communities Agency's recent Consumer Regulation Review and the questions it throws up about the threshold for HCA intervention.
    Click here to view the full article

    Dean Underwood Publications

    31st July 2014

    Housing:

    • "Set aside or appeal: Pereira in practice", (2013) 16(2) JHL 22
    • "Speeding up the possession order process", 24housing (2011) October
    • "Don't get court out", Inside Housing (2010) 28th May
    • "Age concern: case report", Inside Housing (2009) 24th April
    • "Into the void: an introduction to EDMOs", Inside Housing (2009) 17th April
    • "Breaking the chain", SJ (2005) 149/5 p138
    • "Demotion – a bow without a string?", SJ (2004) 148/26 p771 & 148/27 p801
    • "Getting demotion right", NLJ (2004) 154/7137 p1080
    • "Defending demotion proceedings", LAG (2004) September & October

    Property:

    • "Set aside or appeal: Pereira in practice", (2013) 16(2) JHL 22
    • "Don't get court out", Inside Housing, May 28, 2010. In this article, Dean identifies some of the common pitfalls made in the process of preparing for county court possession proceedings.

    Local Government Lawyer - Room for manoeuvre

    12th March 2014

    In the second article in a two-part series looking at recent Court of Appeal rulings on key elements of the Government's welfare reforms, Dean Underwood examines its judgment on the under-occupation charge or 'bedroom tax'
    Click here to read the full article.

    Dean offers bespoke training nationwide in all aspects of his practice. He is a well-regarded conference speaker and regularly delivers training for the Chartered Institute of Housing, National Housing Federation, Social Housing Law Association and other conference providers.

    Dean has more than 13 years' experience working with local authorities and housing providers. He has represented them in all civil courts, from County Court to Supreme Court, and understands the constraints within which they work. His approachability and in-depth knowledge of his practice areas ensure that, whatever his clients' needs, the service they receive is excellent.

    • Administrative Law Bar Association
    • Chartered Institute of Housing
    • Property Bar Association
    • Social Housing Law Association (Chair)

    News

    Cornerstone Barristers Housing Newsletter August 2017

    22nd August 2017

    The Cornerstone Housing NewsletterAugust 2017 includes...
  • The Editor speaks - Andrew Lane
  • Are housing associations public or private? - Catherine Rowlands
  • How can housing authorities respond to an emergency? - Matt Lewin
  • Unlawful sub-letting &....

  • Case

    Unlawful sub-letting & the abuse of social housing

    7th August 2017

    High court overturns SPO and gives unprecedented UPO guidance Poplar HARCA v (1) Begum (2) Rohim [2017] UKHC 2040 (QB) "... it is not compassionate to allow profiteering fraudsters indefinitely to continue to occupy....

    Case

    London Borough of Waltham Forest v Tuitt: When is a house not a house?

    14th November 2016

    In the prosecution of three offences under Part 3 of the Housing Act 2004, Thames Magistrates' Court has held that each of the flats in a converted mid-terrace house is....

    News

    Cornerstone Housing Newsletter - August 2016

    1st August 2016

    The latest edition of the Cornerstone Housing Newsletter includes:
  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • News

    Dean Underwood and Clarke Willmott consider future housing law and policy at House of Lords

    7th July 2016

    Yesterday afternoon, Dean Underwood joined leading solicitors and key clients Clarke Willmott LLP at the House of Lords to discuss current and future issues in housing law and policy. Dean joined....

    News

    Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016

    31st May 2016

    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    News

    Cornerstone Housing Newsletter - May 2016

    4th May 2016

    The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....

    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.
  • Key developments in Housing....

  • News

    Cornerstone Housing Newsletter - February 2016

    1st February 2016

    The latest Cornerstone Housing newsletter includes:
  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • News

    Cornerstone Housing Newsletter - October 2015

    29th November 2015

    The latest Cornerstone Housing Newsletter includes...
  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • News

    Dean Underwood of Cornerstone Barristers to be next Chair of SHLA

    18th November 2015

    We are pleased to announce that Dean Underwood of Cornerstone Barristers has been appointed Chair of the Social Housing Law Association, with effect from 1st January 2016. Dean is a leading junior....

    News

    Thomson Reuters: LLG Housing Seminar blog

    25th September 2015

    Andrew Lane and Dean Underwood presented on anti-social behaviour

    ....

    News

    Cornerstone Barristers Housing Newsletter - July 2015

    23rd July 2015

    The latest Cornerstone Barristers Housing Newsletter includes...
  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Case

    No second bite at the cherry - High Court rejects back door challenge to capacity decision

    20th April 2015

    Werrett v Evesham & Pershore Housing Association Ltd [2015] EWHC 1060 (QB) The High Court has rejected an attempt by a defendant of possession proceedings to appeal a decision not to....

    News

    Supreme Court upholds notice to quit principles established in Monk

    24th November 2014

    Following on from the Supreme Court's decision in Sims v Dacorum Borough Council (Respondent) and Secretary of State for Communities and Local Government (Intervener)[2014] UKSC 63 the successful team from Cornerstone Barristers representing the local authority – Ranjit Bhose QC, Andrew Lane, and Dean Underwood – talk to Lexis Nexis about the issues arising from the case and its likely impact.

    ....

    News

    Long live the Conventional Monk

    13th November 2014

    The Supreme Court has handed down an eagerly-awaited judgment in the appeal of Sims v Dacorum Borough Council (Respondent) and Secretary of State for Communities and Local Government (Intervener) [2014] UKSC 63.

    ....

    Case

    Golds V Henson [2013] EWHC (QB)

    31st July 2013

    Dean represented the respondent in her former landlord's appeal against liability for an unlawful eviction. Dean persuaded the court to exercise its rarely-used power under CPR 52.9 to set aside....

    Case

    Sims v Dacorum Borough Council [2013] EWCA Civ 12; [2013] All ER (D) 172 (Jan); (2013) 157(4) SJLB 43

    31st January 2013

    Dean Underwood and Andrew Lane represented the local authority in its successful defence of Court of Appeal proceedings. Mr Sims challenged the compatibility of the common law rule in Hammersmith....

    Case

    Henson V Blackwood & Blackwood [2012] August LAG 26

    31st August 2012

    Dean acted on behalf of the former tenant of a private landlord in her claim for damages for harassment and distress caused when she and her young daughter were evicted....

    Case

    Oxford City Council V Basey [2012] EWCA Civ 115; [2012] 3 All ER 71; [2012] HLR 22; (2012) 109(9) LSG 16; [2012] All ER (D) 94 (Feb)

    31st July 2012

    Dean was led in this appeal from the Upper Tribunal by Hardwicke's Arthur Moore. The appeal concerned the meaning of "sheltered accommodation" in Schedule 1 to the Housing Benefit Regulations....

    Case

    R (George) V Hammersmith & Fulham LBC [2012] EWHC 210 (Admin); [2012] All ER (D) 124 (Apr); [2012] June LAG 36

    30th June 2012

    Dean successfully defended the local authority against a challenge to the "Discretionary tenancy" section of its allocation policy and, more particularly, to a decision by the local authority not to....

    Case

    Aiyedogbon V Best Move Estate Agent Ltd [2012] June LAG 35

    30th June 2012

    Dean represented the former tenant of a professional landlord in his claim for damages for harassment and distress caused by his unlawful eviction from residential premises. Dean recovered damages and....

    Case

    Howard V Stanton [2011] EWCA Civ 1481; [2012] All ER (D) 201 (May); [2012] March LAG 23

    31st May 2012

    Dean represented a former assured shorthold tenant, Mrs Howard, in a successful second appeal to the Court of Appeal. Mrs Howard's former landlord, Ms Stanton, had appealed an order made....

    Case

    Brough V (1) Law (2) Child Support Enforcement Commission [2011] EWCA Civ 1932; [2012] 1 WLR 1021; [2012] PTSR 897; [2012] 1 FLR 375; [2012] Fam.Law. 11; The Times 07.11.11

    27th February 2012

    The appeal concerned the proper construction of provisions in the Child Support Act 1991 governing the termination of maintenance assessments in respect of qualifying children and, more particularly, whether the....

    Case

    JB V (1) Oxford City Council V (2) Secretary Of State For Work And Pensions [2011] UKUT 136 (AAC) Upper Tribunal

    31st July 2011

    Dean represented the respondent local authority in this appeal before the Upper Tribunal. The appeal concerned the meaning of "sheltered accommodation" in Schedule 1 to the Housing Benefit Regulations 2006....

    Case

    West Kent Housing Association V Grant, Tunbridge Wells County Court, July 2011

    11th July 2011

    Dean acted for the housing association in its successful application to have public law and human rights defences to a possession claim dismissed summarily in accordance with Manchester City Council....

    Case

    CH 0609-2004

    30th March 2011

    A successful appeal before the Social Security Commissioner considering the correct approach to determining whether an overpayment of benefits caused by official error is recoverable under Regulation 99(2) of the....

    Case

    Sheppard V Community Housing Association [2008] EWHC (QB)

    30th July 2008

    In two separate but related matters in the Queen's Bench Division, Dean defended an application to transfer county court proceedings between the parties to the High Court and a claim....

    Case

    Bruce v Woods [2007] February LAG p30

    27th February 2007

    A harassment claim arising from a long-lasting 'nasty neighbour' dispute. Dean acted on behalf of the claimants, who recovered damages exceeding £18,000.....

    Case

    Sanctuary Housing Association V Darnel [2006] EWHC (QB)

    31st July 2006

    An appeal against a county court decision not to make a possession order in a claim brought on grounds of rent arrears. The appeal concerned the proper application of Cumming....

    Case

    Dovetail Estates Ltd V Mazrekaj [2006] March LAG P28

    31st March 2006

    An accelerated possession claim dismissed for abuse of process. The claim concerned the proper application of Lower Street Properties v Jones [1996] 28 HLR 877 and Mannai Investments Co Ltd....