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Philip Kolvin

Jennifer Oscroft

Called
2006
Telephone
020 7242 4986
CV
Email

Jenny is a specialist in social housing and homelessness, adult and child social care, mental capacity and mental health law, public and administrative law, and immigration.

In Chambers & Partners, Jenny is commended for being "completely on top of issues, extremely smart and alert to every possible challenge."

Jenny is a specialist in social housing & homelessness, adult and child social care, mental capacity and mental health law, public and administrative law, and immigration.

Jenny is a graduate of Oxford University (English BA), and Kings College, London (LLM in Administrative Law, Human Rights, Jurisprudence and the Laws of War). She completed her PgDL and BVC at the College of Law, London. Jenny was called to the Bar in 2006. As a member of Middle Temple she was awarded a Harmsworth Scholarship and Entrance Exhibition. In 2012, Jenny was awarded a Pegasus scholarship and worked at the Centre for Constitutional Rights in New York.

Jenny is also Deputy Chair and a member of Council of Which? the consumer rights organisation.

In Chambers & Partners, Jenny is commended for being "completely on top of issues, extremely smart and alert to every possible challenge."

"One of the most thorough and easy-to-work-with barristers."  Legal 500 2017

"She is possibly one of the best young barristers I've come across. She's excellent, extremely bright and extremely user-friendly." Chambers & Partners 2017

"She's years ahead of her call, and has the ability to analyse the most complex case law."  Chambers & Partners 2017

"She is incredibly thorough, calm and approachable." "Exceptionally well prepared and brilliant with clients." Chambers & Partners 2017

"She's meticulous in her approach, she really delivers and her client care is fantastic." "She's completely on top of issues, extremely smart and alert to every possible challenge." Chambers & Partners 2016

"Always calm, however poor the case looks." Legal 500 2016

"Meticulous in her preparation; she covers everything in detail." Legal 500 2015

Overview

Jenny is joint head of the Health and Social Care Team. Jenny has a specialist public law practice focusing primarily on the powers and duties of local authorities, community care, social housing and homelessness and mental health,  and capacity law. Jenny's community care practice embraces the following issues on which she provides advice, representation and training:

  • Social Care Services provision: Social care assessments and planning; Eligibility and funding; the practical implications of the Equality Act 2010 and Care Act 2014.
  • Care Charging: Setting care home fees; Financial Assessments and contributions for care under CRAG; Recovery of care charges.
  • Court of Protection: Capacity; Best Interests; Personal Welfare; Property and Affairs; Inherent Jurisdiction of the High Court.
  • Ordinary Residence: Including settlement of ordinary residence disputes between authorities and determinations referred to the Secretary of State
  • Social Care vs Continuing Healthcare funding: Complex care packages. The National Framework for NHS Continuing Healthcare. Resolution of disputes between public authorities about responsibility for care.
  • Section 117 MHA 1983: After-Care services under the Mental Health Act 1983.
  • Eligibility and Support for persons from abroad: Section 21 of the National Assistance Act 1948; Care and attention not otherwise available; Human Rights; Community Treaty rights; Schedule 3 to the Nationality, Immigration and Asylum Act 2002; Hard cases; Support for children, for UASCs and families.
  • Children Act 1989: Powers and duties under sections 17 and 20; Interrelation between Children Act and Housing Act; Leaving Care; Age assessments; Disputes between local authorities on responsibility for children and young persons.
  • PII & Disclosure: Across Court of Protection; Community Care and Criminal or Children Act proceedings.

Events

UASCs, Care Leavers and the Impact of the Immigration Act 2016
01.11.2016

1
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....

Overview

Jenny has considerable experience in the Mental Capacity jurisdiction. She acts for local authorities, medical and social care providers as well as private persons. Jenny has expertise in and frequently gives advice and training on the following areas:

  • Mental Capacity disputes
  • Deprivation of Liberty safeguards and Article 5 damages claims
  • The interface between MCA 2005 and MHA 1983
  • Best Interests in Personal Welfare proceedings in the Court of Protection
  • Best Interests in Property & Affairs proceedings in the Court of Protection
  • The interaction between LA community care, section 117 Mental Health Act and/or housing duties

Recent cases include:

LBX v TT [2014] EWHC 24 (COP) – concerning allegations of sexual abuse within the family home and in particular concerning the court's approach to fact finding and best interests when invited to make an interim declaration under section 48 MCA 2005.

C v C (Court of Protection: Disclosure) Also known as: RC v CC [2014] EWHC 131 (COP); [2014] 1 W.L.R. 2731 – the Court of Protection gave guidance about the correct approach to disclosure of documents containing personal information in proceedings involving an adult who lacked capacity.

Cases

RC V CC V X Local Authority [2014] EWHC 131 (COP)
11.02.2014
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....

Overview

Jenny is a specialist housing practitioner with considerable experience in all aspects of housing law, from strategic advisory work to urgent relief applications and litigated possession and homelessness proceedings and appeals in the county court, High Court, Court of Appeal and Supreme Court.

Jenny has developed particular expertise in Equality Act 2010, ECHR and public law defences and frequently gives practical training to both the legal officers and front-line professionals of local housing authorities and social landlords on these topics. Jenny is therefore well-placed to advise on the appointment of and instructions to medical experts and case strategy in relation to vulnerable tenants. She has conducted many trials in which the causal link between a disability and anti-social behaviour is in issue. Jenny is sub-editor of the new textbook: Cornerstone on Anti-Social Behaviour.

Jenny appeared in the Supreme Court in the linked appeals in R(CN) v Lewisham, R (ZH) v Newham [2014] UKSC 62 on the issue of whether the Protection from Eviction Act 1977 applied to interim accommodation provided by local authorities under Part 7 of the Housing Act 1996. She appears again in the landmark linked homelessness appeals in the Supreme Court in December 2014 addressing the Pereira test and the approach of local authorities to vulnerable homeless applicants.

Jenny's broad public law practice, which includes expertise in health and social care, immigration and eligibility and the Court of Protection, means that she is well-placed to advise on cases which cut across the welfare provision duties and powers of public authorities.

Cases

Cornerstone note Supreme Court homelessness judgment
13.05.2015
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
15.12.2014

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
25.11.2014

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.

....

News

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669; [2013] 1 W.L.R. 3848; [2013] H.L.R. 42
10.02.2014

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.

....

Overview

Jenny advises on and acts on behalf of public and private clients on a wide range of civil litigation matters including:

  • defamation claims;
  • contractual disputes;
  • land and property disputes (from ownership and trust claims to rights of way);
  • negligence claims (from personal injuries to pure economic loss and technical disputes);
  • breach of statutory duty;
  • general case management applications, including urgent injunctive relief & enforcement of judgments.

Jenny conducts trials on a number of matters, including the following:

  • offences relating to HMOs;
  • licensing offences;
  • road traffic offences;
  • breach of enforcement notices;
  • housing benefit fraud.

She also appears in the Magistrates and Crown Court on interlocutory applications and sentencing hearings.

Cases

Emery v Wandsworth LBC [2013] EWHC 4154 (QB)
10.11.2013
Jenny acted for the Local Authority in this case dealing with vexatious litigants and civil restraint orders. For transcript of judgment click here.....

Farrall V Kordowski [2010] EWHC 2436 (QB); (2010) 154(38) S.J.L.B. 29
10.02.2010
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....

Enfield London Borough Council V Argos Ltd [2008] EWHC 2597 (Admin)
01.01.2008
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....

News

No Proportionality Assessment in Private Sector Possession Claims
15.06.2016
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....

Overview

Jenny has a particular interest in Public Law, having undertaken a Masters (LLM) specialising in this area.

Through her academic experience and her own practice which, Jenny has a sound understanding of judicial review proceedings, the public law duties of local authorities, decision-making and probity.

Jenny has conducted judicial review proceedings in relation to a broad range of Chambers' work.

Jenny was junior to James Findlay QC in Davey v Aylesbury Vale [2007] EWCA Civ 1166 in relation to costs incurred prior to the grant of permission for judicial review.

In addition to her housing, licensing and planning practice, Jenny advises local authorities on a broad range of issues, including in particular non-domestic rating, bye-laws, taxi/private hire and highways/rights of way matters.

Immigration and asylum
Jenny regularly appears in the Immigration and Asylum Chamber (First-tier and Upper Tribunals) and has considerable experience in entry-clearance, refugee and asylum claims, Article 3/8 medical claims, family reunion, bail applications and issues relating to arrest and detention.

Notable cases include:

  • successful appeals against Home Office decision to refuse leave to remain for 8 year old boy with life-threatening blood disorder relying on Article 3/8 in relation to terminal illness;
  • successive Somali asylum cases dealing with issues including clan structures, IDPs and FGM;
  • several ongoing cases under appeal dealing with the application of the Family Reunion provisions and refugee status, and the Court of Appeal linked cases of MS & KI (Somalia) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 1236 following the reported Tribunal determination MS & Others [2009] UKAIT 00041.

Cases

Matt and Jenny aim for Supreme three in a row
30.03.2016

In R(N) v Lewisham LBC [2015] 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 note Supreme Court homelessness judgment
13.05.2015
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
15.12.2014

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
25.11.2014

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
11.11.2014

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 [2014] 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
07.03.2014
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....

Supreme Court to consider whether possession proceedings required for Part 7 temporary accommodation
05.11.2013
The Supreme Court has given permission to appeal the Court of Appeal judgment in R(CN) v Lewisham; R(ZH) v Newham [2013] WLR(D) 297 (follow this link to the CA judgment).....

Article 8 does not require possession proceedings in respect of interim temporary accommodation
16.07.2013
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
11.07.2013
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
27.03.2013
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....

Davey v Aylesbury Vale [2007] EWCA Civ 1166
01.01.2007
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. See....

News

No Proportionality Assessment in Private Sector Possession Claims
15.06.2016
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....

Overview

Jenny's property practice is linked with her housing and landlord/tenant experience, in particular she advises on the following:

  • Forfeiture and Trespasser matters
  • Service charge disputes in the LVT
  • Adverse possession
  • Boundary disputes
  • Restrictive covenants

Cases

Matt and Jenny aim for Supreme three in a row
30.03.2016

In R(N) v Lewisham LBC [2015] 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.

....

Lewisham, Newham and Cornerstone team win in Supreme Court
11.11.2014

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 [2014] 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
07.03.2014
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....

Supreme Court to consider whether possession proceedings required for Part 7 temporary accommodation
05.11.2013
The Supreme Court has given permission to appeal the Court of Appeal judgment in R(CN) v Lewisham; R(ZH) v Newham [2013] WLR(D) 297 (follow this link to the CA judgment).....

Article 8 does not require possession proceedings in respect of interim temporary accommodation
16.07.2013
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
11.07.2013
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
27.03.2013
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....

News

No Proportionality Assessment in Private Sector Possession Claims
15.06.2016
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....

Local Government Lawyer - A question of compatibility

29th September 2010

In the second part of a two-part series, Jenny Oscroft considers the High Court's recent judgment in Wilson v London Borough of Harrow, an example of a Gateway A challenge on the compatibility of domestic law with Article 8 of the European Convention on Human Rights and the Human Rights Act 1998.

Click here to view the full article.

  • Immigration Law Practitioners Association
  • Housing Law Practitioners Association
  • Social Housing Law Association

News

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....

Case

Matt and Jenny aim for Supreme three in a row

30th March 2016

In R(N) v Lewisham LBC [2015] 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.

....

News

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.

....

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

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

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 [2014] 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.

....

Case

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....

Case

RC V CC V X Local Authority [2014] 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....

News

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669; [2013] 1 W.L.R. 3848; [2013] 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.

....

Case

Emery v Wandsworth LBC [2013] 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.....

Case

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 [2013] WLR(D) 297 (follow this link to the CA judgment).....

Case

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....

Case

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....

Case

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....

Case

Farrall V Kordowski [2010] 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....

News

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.

....

Case

Enfield London Borough Council V Argos Ltd [2008] 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....

Case

Davey v Aylesbury Vale [2007] 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. See....

EVENT

UASCs, Care Leavers and the Impact of the Immigration Act 2016

1st November 2016

1

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....