No Proportionality Assessment in Private Sector Possession Claims
15th June 2016
The Supreme Court has today issued a landmark ruling which decisively prevents residential tenants and other occupiers in the private sector from raising article 8 defences to possession proceedings brought....
Matt and Jenny aim for Supreme three in a row
30th March 2016
In R(N) v Lewisham LBC  AC 1259, Matt Hutchings and Jennifer Oscroft represented the successful local authorities. They convinced the Supreme Court that temporary housing for homeless applicants was not "occupied as a dwelling" and therefore local authorities and their providers could carry out evictions without court orders.
Cornerstone Barristers supports Bar Mock Trial Competition
5th August 2015
Cornerstone Barristers has taken part in a training video to accompany the Bar Mock Trial Competition set up by the Citizenship Foundation, a charity aimed at educating young people about the law, politics and democratic life.
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....
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.
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.
Lewisham, Newham and Cornerstone team win in Supreme Court
11th November 2014
On 12th November, the Supreme Court handed down judgment in the linked appeals of R(CN) v Lewisham LBC and R(ZH) v Newham LBC  UKSC 62.
At the centre of these cases was section 3 of the Protection from Eviction Act 1977. The section requires landlords and licensors of dwellings to recover possession through court proceedings. This rule is subject to a list of specific exceptions in section 3A. For example, there are exceptions for accommodation provided under the Immigration and Asylum Act 1999 and for local authority hostels.
Supreme Court to hear homelessness challenge
7th March 2014
R(CN) v Lewisham LBC and R(ZH) v Newham LBC have been listed to be heard by the Supreme Court in April. The Appellants seek to overturn Mohamed v Manek and....
RC V CC V X Local Authority  EWHC 131 (COP)
11th February 2014
The President of the Family Division has given important guidance about the correct approach to disclosure of documents containing personal information in Court of Protection proceedings involving an adult who....
Superstrike Ltd v Rodrigues  EWCA Civ 669;  1 W.L.R. 3848;  H.L.R. 42
10th February 2014
The Court of Appeal held that a landlord had not been entitled to serve a notice for possession under the Housing Act 1988 s.21 where the tenant's deposit had not been held in accordance with a tenancy deposit scheme authorised under the Housing Act 2004, notwithstanding that the original fixed term AST had commenced prior to the provisions for tenancy deposit schemes in the Housing Act 2004 coming into force.
Emery v Wandsworth LBC  EWHC 4154 (QB)
10th November 2013
Jenny acted for the Local Authority in this case dealing with vexatious litigants and civil restraint orders.
For transcript of judgment click here.....
Supreme Court to consider whether possession proceedings required for Part 7 temporary accommodation
5th November 2013
The Supreme Court has given permission to appeal the Court of Appeal judgment in R(CN) v Lewisham; R(ZH) v Newham  WLR(D) 297 (follow this link to the CA judgment).....
Article 8 does not require possession proceedings in respect of interim temporary accommodation
16th July 2013
In a judgment handed down today in R(CN) v LB Lewisham; R (ZH) v LB Newham, Secretary of State for Communities and Local Government intervening, the Court of Appeal has....
CN V LB Lewisham And ZH V LB Newham
11th July 2013
In R(CN) v LB Lewisham; R (ZH) v LB Newham, Secretary of State for Communities and Local Government intervening, the Court of Appeal has affirmed the decision in Mohammed v....
R (CN) v Lewisham LBC: Court of Appeal to consider whether Article 8 requires court order to evict homeless applicants
27th March 2013
Mohamed v Manek and Desnousse v Newham LBC establish that a licensor of temporary accommodation, pending inquiries into a homelessness application, does not need a court order to evict the....
Farrall V Kordowski  EWHC 2436 (QB); (2010) 154(38) S.J.L.B. 29
10th February 2010
Jennifer Oscroft acted for the applicant in a defamation action in which Mr Justice Tugenhadt granted an interim injunction where a solicitor had established a prima facie case of libel....
Public Law Housing Issues: The fall-out from Kay and Doherty and Homelessness post Ali (Aweys) and Moran
19th October 2009
2-3 Gray's Inn Square was pleased to host this essential guide to the latest Housing issues faced by Public Autorities.
Enfield London Borough Council V Argos Ltd  EWHC 2597 (Admin)
1st January 2008
This appeal by way of case stated raised the question as to whether a reasonable precaution taken after a test case conducted by the trading standards of a local authority....
Davey v Aylesbury Vale  EWCA Civ 1166
1st January 2007
Whether an order for costs made in favour of a successful respondent to judicial review proceedings includes costs incurred prior to the grant of permission unless these are expressly excluded.
UASCs, Care Leavers and the Impact of the Immigration Act 2016
1st November 2016
With the introduction of the Immigration Act 2016, it is more vital than ever that every local authority is aware of their duties to Unaccompanied Asylum Seeking Children who become....