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Philip Kolvin

Kelvin Rutledge QC

Called
1989
Silk/QC
2013
Telephone
020 7242 4986
CV
Email

Kelvin Rutledge QC is a specialist in local government law with particular emphasis on social housing, adult community care, children's services, land dealings and governance. He has related expertise in human rights, European and discrimination law and is also a highly experienced and knowledgeable property lawyer.

Kelvin was appointed Queen's Counsel in 2013. His wide experience as an advocate includes appearances in the UK Supreme Court and the European Court of Justice. Over 90 of his cases have been reported.

In the last two years alone Kelvin has provided advocacy, advisory and drafting services in relation to a wide range of topics including care homes, homelessness and housing allocation schemes, housing finance, elections, inquests, land appropriation, leaseholder's rights, ombudsman's complaints, ordinary residence disputes and equality duties. He regularly provides assistance to authorities on matters of policy and public governance. He also appears and advises in related areas of private law.

Common themes running through the directory entries are that Kelvin is a good technical lawyer, a tenacious advocate with a friendly and accessible manner, and that clients enjoy working with him.

In the community care field Kelvin appeared for the successful councils in two of the most important cases in recent years: Slough BC v M in the House of Lords (residential care, definition of care and attention), and McDonald v Royal Borough of Kensington & Chelsea in the Supreme Court (resources, human rights and equality duties).

His housing cases include many leading authorities such as Hotak v Southwark LBC (definition of 'vulnerability'), Runa Begum v Tower Hamlets LBC (reviews), and Kay v Lambeth LBC, Powell v Hounslow LBC and Hall v Leeds CC (possession proceedings and human rights), all Supreme Court/House of Lords.

"He's a die-hard defender in local authority cases, and a solid silk who has lots of public authorities seeking him out." Chambers & Partners 2018

"Blown away by him, one of the most tenacious advocates around." Chambers & Partners 2017

"A tactical opponent who goes in quite hard but also takes a fair and balanced view." Chambers & Partners 2017

"A tough and excellent advocate, who is easy to work with as part of a team." Legal 500 2016

"He's a very succinct advocate who is dogged in his determination." Chambers & Partners 2016

"He should be singled out for his knowledge of eligibility issues and matters related to EU law." Chambers & Partners 2016

"Very knowledgeable on all aspects of homelessness law." Legal 500 2015

Overview

Substantial experience and tactical knowledge of judicial review, especially defence work. Considerable knowledge and experience of defending decisions to reduce public services etc: see, for example, R(McDonald) v RBKC in the Supreme Court.

Advises regularly on issues of equality, discrimination and human rights. Good working knowledge of NHS law.

His most relevant recent experience is in relation to residential home closures. He handled two such case for "large midlands authority" neither of which went to full hearing because they handled the closures successfully. These cases involved complex issues of discrimination and human rights. For disputes concerning the interplay between local government and health services see R(LB Greenwich) v Secretary of State for Health [2006] EWHC 2576 (Admin). For claimant work, see R (Structadene) v LB Hackney (2001) 82 P. & C.R. 25 (acted for successful claimant against local authority's failure to sell land for best value). For factually sensitive cases see R(M) v LB Hackney [2009] EWHC 2255 (Admin) (successfully defended local authority's decision not to rehouse a highly vulnerable individual who was a convicted paedophile). For politically sensitive cases see Ibrahim v LB Harrow [2008] 2 C.M.L.R. 30 (housing duties for spouse of EU worker – appeared in ECJ in Luxembourg, subsequent national press coverage), R(Beale) v LB Camden [2004] EWHC 6 (Admin) (the "Camden ALMO case") and Swords v Secretary of State for Communities & Local Government [2007] EWCA Civ 795 (both high profile challenges to council housing stock transfers), and, the case of Phoenix v Enfield.

Cases relating to the powers and duties of local authorities include

  • R (Redcar & Cleveland BC v Secretary of State for Business Enterprise & Regulatory Reform, HC (offshore wind farm)
  • Stanley v Ealing LBC, CA (house in multiple occupation, conversion of single dwelling into self-contained flats)
  • Rogers v Islington LBC, CA (basic definition of house in multiple occupation)
  • Jones v Tower Hamlets LBC, CA (copyright, design of social housing estate)
  • R v Hackney LBC ex p Structadene, HC (sale of commercial land, meaning of "disposal")

Cases

High Court upholds 10 years’ residence requirement to join social housing waiting list
26.07.2018
A condition requiring applicants to demonstrate at least 10 years' continuous residence in-borough before they can qualify to join Hillingdon Council's Housing Register – a condition thought to be the....

High Court upholds Public Spaces Protection Order on multiple dog walking
20.04.2018
The High Court has dismissed a challenge to the London Borough of Richmond upon Thames' prohibition, contained in its Public Spaces Protection Order 2017 (Dog Control), on the walking of....

Homelessness decisions and the public sector equality duty: a victory for substance over form
17.01.2017
Hackney LBC v Haque [2017] EWCA Civ 4, judgment of the Court of Appeal (McCombe, Beatson & Briggs LJJ), Tuesday 17 January 2017. A judge had been wrong to hold that....

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.

....

Vulnerability and priority need: triple whammy in the Supreme Court
22.10.2014
The Supreme Court, which was already considering the case of Hotak v Southwark LBC will also consider, in a three day hearing, whether permission should be granted in the case....

LB Hounslow v Powell; Leeds CC v Hall and Birmingham CC v Frisby [2011] UKSC 8
01.01.2011
These cases concern the application of the decision in Manchester CC v Pinnock to the homelessness and introductory tenancy schemes. ....

Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 909
01.01.2010
The Court of Appeal has held that there is no free standing right to reside under Article 18 EC. It held that the permanent right of residence is subject to....

R (on the application of the London Borough of Greenwich) v Secretary of State for Health and another [2006] EWHC 2576 (Admin)
01.01.2006
Immigration and Asylum - responsibility for residential care costs of local authority in whose area applicant ordinarily resided before she became a person in need of care and attention. See full....

London Borough of Islington v University College London Hospital NHS Trust [2005] EWCA Civ 596
01.01.2005
Immigration and Asylum - availability of damages against tortfeasor by social services authority providing residential care to victim. See full text of case....

Phillips v Camden London Borough Council [2005] EWCA Civ 1005
01.01.2005
Homelessness - inquiries, second appeals. See full text of case....

Begum v London Borough of Tower Hamlets [2003] UKHL 5
01.01.2003
Housing and Human Rights - homelessness, statutory reviews, compatibility with Art 6. See full text of case....

Structadene Ltd, R (on the application of) v Hackney London Borough Council [2000] EWHC Admin 405
01.01.2000
Powers and duties of local authorities - sale of commercial land, meaning of "disposal". See full text of case....

Rogers v London Borough Of Islington [1999] EWCA Civ 2046
01.01.1999
Powers and duties of local authorities - basic definition of house in multiple occupation), CA (breach of copyright, design of social housing estate. ....

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 Barristers advise on voluntary right to buy scheme
    04.07.2016
    Kelvin Rutledge QC and Ashley Bowes were instructed by the Future Housing Review to provide an analysis of the legal implications of the Government's Manifesto pledge to extend the statutory....

    Inside Housing - Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy
    22.06.2016
    Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is....

    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 - 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....

  • 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....

  • Local Authority Support for People from Abroad Conference
    03.12.2009
    Bryan McGuire, Ranjit Bhose, Kelvin Rutledge, Sian Davies and Peggy Etiebet spoke at this conference hosted in association with LGG. Chaired by Bryan McGuire, the day was an essential legal update....

    Events

    Homelessness Reduction Bill Seminar
    20.04.2017

    1
    Cornerstone Barristers invites you to a morning seminar on the Homelessness Reduction Bill. Kelvin Rutledge QC, Matt Hutchings QC and Matt Lewin from the Cornerstone Housing Team will consider the key....

    Overview

    Chambers & Partners recognises that Kelvin Rutledge has a formidable reputation in the social housing sector describing him as"exceptional", "leaves no stone unturned in his preparation." His thorough and detailed approach is complemented by a "wonderfully accessible and friendly manner," which naturally means he is "adored by clients." The Legal 500 describes him as an "outstanding housing lawyer".

    Kelvin's experience includes:

    • Housing eligibility for EU 15 and A8 nationals including Ibrahim v Harrow LBC in the European Court of Justice
    • Adult residential care following Slough BC v M (in which he appeared for the successful local authority)
    • Supporting "looked after" children through tertiary education
    • Contracting out housing functions
    • Premises closure orders
    • Public/private sector housing finance schemes
    • Stock transfers
    • Public law defences to possession claims post-Doherty
    • Tenancy rights of minors

    Homelessness & allocations

    • R (M) v Hackney LBC, HC (transfer application; protection of the public overrides personal need)
    • Alam v Tower Hamlets LBC, HC (reasonable preference for the statutory homeless)
    • R(Swords) v Secretary of State for the Communities & Local Government & Tower Hamlets LBC, CA (stock transfer)
    • Cramp v Hastings BC / Phillips v Camden LBC, CA (homelessness inquiries, second appeals)
    • Tower Hamlets LBC v Rikha Begum, CA (repeat applications)
    • Osmani v Harrow LBC, HL (former asylum-seekers, Government's dispersal policy, local connection, meaning of 'own choice')
    • Runa Begum v Tower Hamlets LBC, HL (homelessness, statutory reviews, compatibility with ECHR Art 6)
    • R v Camden LBC ex p Pereira, CA (definition of "vulnerability")
    • Ealing LBC v Surdonja, CA (definition of local connection)
    • O'Rourke v Camden LBC, HL (availability of damages for breach of statutory duty)

    Housing eligibility

    • Konodyba v Kensington & Chelsea RLBC, CA (A8 national; derogation from EC Treaty)
    • Ehiabor v Kensington & Chelsea RLBC, CA (eligibility of child born in the UK who was not a British citizen)
    • Harrow LBC v Ibrahim, CA/ECJ (EU15 national exercising "Baumbast" rights of residence in the UK)
    • Putans v Tower Hamlets LBC, HC (eligibility, A8 national, free-movement rights, compatibility with EU law of regulations restricting definition of 'worker')
    • Mohamed v Harrow LBC, HC (eligibility, EU15 national, meaning of 'work-seeker', discrimination)

    Community care

    • R (McDonald) v Royal Borough of Kensington & Chelsea, CA (domiciliary care, human rights. Local authority entitled to meet assessed need in most economical manner)
    • R (Z) v London Borough of Hillingdon, HC (blind asylum-seeker, need for care and attention)
    • R (JL) v London Borough of Islington, HC (respite care, eligibility criteria for children's services)
    • R v Slough Borough Council ex p M, HL (definition of "care and attention"; HIV, asylum-seekers)
    • R(Greenwich LBC) v SSH & Bexley Council, HC (responsibility for residential care costs of local authority in whose area applicant ordinarily resided before she became a person in need of care and attention)
    • Islington LBC v UCHL NHS Trust, (availability of damages against tortfeasor by social services authority providing residential care to victim)
    • R(Gjini) v Islington LBC, CA (asylum support by local authority, lawfulness / rationality of payments made)
    • Hackney v Satu, CA (asylum support by local authority, whether authorities were obliged to pay the same rates as NASS)
    • R v Newham LBC ex p Gorenkin, HC (asylum support)

    Secure tenancies

    • Alexander-David v Hammersmith & Fulham LBC, CA (grant of tenancy to 16/17 year olds)
    • Bristol CC v Hassan & Glastonbury, CA (suspended possession orders, appropriateness of prescribed form)
    • Kay v Lambeth LBC, HL ("short-life" housing scheme; rights of sub-tenants; ECHR Art 8 rights)
    • Tower Hamlets LBC v Rahanara Begum, CA (possession proceedings, human rights, public law defences)
    • R (Beale & Carty) v Camden LBC, HC (transfer of management to an ALMO, tenant consultation)
    • R v Brent LBC ex p Morris & Walters, CA (demolition of housing estate, tenant consultation)
    • Kingston-Upon-Thames RLBC v Prince, CA (minor's rights of succession to tenancy)

    Cases relating to the powers and duties of local authorities include

    • R (Redcar & Cleveland BC v Secretary of State for Business Enterprise & Regulatory Reform, HC (offshore wind farm)
    • Stanley v Ealing LBC, CA (house in multiple occupation, conversion of single dwelling into self-contained flats)
    • Rogers v Islington LBC, CA (basic definition of house in multiple occupation)
    • Jones v Tower Hamlets LBC, CA (copyright, design of social housing estate)
    • R v Hackney LBC ex p Structadene, HC (sale of commercial land, meaning of "disposal")

    Cases

    High Court upholds 10 years’ residence requirement to join social housing waiting list
    26.07.2018
    A condition requiring applicants to demonstrate at least 10 years' continuous residence in-borough before they can qualify to join Hillingdon Council's Housing Register – a condition thought to be the....

    High Court upholds Public Spaces Protection Order on multiple dog walking
    20.04.2018
    The High Court has dismissed a challenge to the London Borough of Richmond upon Thames' prohibition, contained in its Public Spaces Protection Order 2017 (Dog Control), on the walking of....

    Homelessness decisions and the public sector equality duty: a victory for substance over form
    17.01.2017
    Hackney LBC v Haque [2017] EWCA Civ 4, judgment of the Court of Appeal (McCombe, Beatson & Briggs LJJ), Tuesday 17 January 2017. A judge had been wrong to hold that....

    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.

    ....

    Vulnerability and priority need: triple whammy in the Supreme Court
    22.10.2014
    The Supreme Court, which was already considering the case of Hotak v Southwark LBC will also consider, in a three day hearing, whether permission should be granted in the case....

    Statutory Homeless Reviews: Like Marriage A “For Better Or For Worse” Experience
    26.06.2014
    Where a local housing authority considering a homelessness application under Part 7 of the Housing Act 1996 has found an applicant to be owed some form of duty, and there....

    Hotak v Southwark
    15.05.2013
    For full judgement click here: Hotak Judgement....

    Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 909
    01.01.2010
    The Court of Appeal has held that there is no free standing right to reside under Article 18 EC. It held that the permanent right of residence is subject to....

    London Borough of Tower Hamlets v Begum [2005] EWCA Civ 340
    01.01.2005
    Secure tenancies - possession proceedings, human rights, public law defences. Part VII Housing Act 1996 - homeless applicants - test for re-applications following a rejected review application and dismissed appeal. See full....

    Mohamed, R (On The Application Of) V London Borough Of Harrow [2005] EWHC 3194 (Admin)
    01.01.2005
    Homelessness - eligibility, EU15 national, meaning of 'work-seeker', discrimination. Application of Schedule 3 to the Nationality Immigration and Asylum Act 2002 rendering EEA nationals ineligible for accommodation pending review under s.188(3)....

    Osmani v London Borough of Harrow [2004] UKHL 4
    01.01.2004
    Homelessness - former asylum-seekers (conjoined appeal), Government's dispersal policy, local connection, meaning of 'own choice'. See full text of case.....

    Ealing v Surdonja & Ors [2000] EWCA Civ 7
    01.01.2000
    Homelessness - definition of local connection. See full text of case....

    Pereira, R (on the application of) v London Borough Of Camden [1998] EWCA Civ 863
    01.01.1998
    Homelessness - basic definition of "vulnerability". See full text of case....

    Royal Borough Of Kingston Upon Thames v Prince & Anor [1998] EWCA Civ 1891
    01.01.1998
    Secure tenancies - minor's rights of succession to tenancy. ....

    Morris & Anor, R (on the application of) v London Borough Of Brent [1997] EWCA Civ 1868
    01.01.1997
    Secure tenancies - demolition of housing estate, tenant consultation. ....

    O'Rourke v. Mayor Etc of the London Borough of Camden [1997] UKHL 24
    01.01.1997
    Homelessness - availability of damages for breach of statutory duty. See full text of case....

    News

    MPs scrutinise Government’s implementation plan for the Homelessness Reduction Act 2017
    29.11.2017
    The Communities & Local Government Select Committee, chaired by Clive Betts MP, has been providing an oversight of the Government's introduction of the Homelessness Reduction Act 2017, in a one-off....

    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 Barristers advise on voluntary right to buy scheme
    04.07.2016
    Kelvin Rutledge QC and Ashley Bowes were instructed by the Future Housing Review to provide an analysis of the legal implications of the Government's Manifesto pledge to extend the statutory....

    Inside Housing - Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy
    22.06.2016
    Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is....

    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 - 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....

  • 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....

  • Cornerstone Newsletter: Bringing You the Latest in Legal Developments
    26.01.2015
    Click here for the latest legal developments in housing law, as well as commentary, guidance on statutory developments and upcoming cases. Edited by Andrew Lane.....

    Local Authority Support for People from Abroad Conference
    03.12.2009
    Bryan McGuire, Ranjit Bhose, Kelvin Rutledge, Sian Davies and Peggy Etiebet spoke at this conference hosted in association with LGG. Chaired by Bryan McGuire, the day was an essential legal update....

    Housing Law Update: the essential guide to all the latest changes
    05.07.2007

    2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.

    ....

    Events

    Cornerstone Barristers Housing Conference 2018
    02.10.2018

    1
    Hosted by the Cornerstone Housing Team, the conference will provide a thorough analysis of the latest developments in housing law and policy, as well as practical advice on a wide....

    Homelessness Reduction Bill Seminar
    20.04.2017

    1
    Cornerstone Barristers invites you to a morning seminar on the Homelessness Reduction Bill. Kelvin Rutledge QC, Matt Hutchings QC and Matt Lewin from the Cornerstone Housing Team will consider the key....

    Overview

    Our team represents clients in the Court of Protection, the Administrative Court and the Supreme Court in the full spectrum of health and social care matters, including adult and child social care, mental capacity and mental health law.

    We act on behalf of local authorities, healthcare providers, hospitals, families and individuals.

    Our health and social care expertise is complimented by our experience in social housing and our broader expertise in local authority, administrative and public law enabling our barristers to advise on all elements of a case. For this reason our barristers are often instructed on major strategic matters such as budget setting and formulation of policy and procedure, as well as commercially and reputationally sensitive cases including judicial review proceedings.

    The team is at the forefront of professional development in this area and has been awarded multiple government tenders of national significance. This includes national training for the Care Act 2014 and the legal review of Pan London Adult Safeguarding Policy & Procedures in July 2015; an invaluable guide for all local authorities combatting abuse and neglect in their area.

    Cases

    Herefordshire Council cleared of misfeasance allegations
    26.02.2016

    Herefordshire Council has been held to have acted lawfully in suspending referrals to Rosedale Care Home in Ross-on-Wye and advising and assisting its residents to move to other homes when, in 2010, Rosedale received a zero-star rating from the Care Quality Commission and other safeguarding concerns arose.

    ....

    Settling Age-Assessment Disputes Out Of Court
    03.07.2014
    Subject only to the requirements of 54APD.17.1 (short statement of reasons supporting agreed order in judicial review proceedings) and, where the claimant is a child, CPR21.10 (approval of compromise), parties....

    Bath & NE Somerset Council V SC & RP (CoP, Swindon Combined Court Centre, DJ Ralton) Nov. 2013.
    21.11.2013
    The first respondent had substantial care needs. The issue was whether these should be met in residential accommodation provided by the local authority, or in her own home, by her....

    R (on the application of the London Borough of Greenwich) v Secretary of State for Health and another [2006] EWHC 2576 (Admin)
    01.01.2006
    Immigration and Asylum - responsibility for residential care costs of local authority in whose area applicant ordinarily resided before she became a person in need of care and attention. See full....

    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....

  • Inside Housing - Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy

    22nd June 2016

    Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is no legal barrier to prevent a housing association exempting its entire portfolio under the extended Right to Buy scheme, providing it adopts a policy explaining why the homes should not be sold. The opinion notes that tenants may have grounds to judicially review the decision to exclude their property.

    Click here to read the opinion.

    Message from the Heads of Team…what lies ahead in Housing?

    14th October 2014

    Click here to read the full article.

    Solicitors Journal - Cracking down on disruption

    30th March 2009

    'Cracking down on disruption: Premises closure orders' for the Solicitor's Journal

    Judicial Review and Support for Persons From Abroad

    1st January 2009

    The Local Government Group's Judicial Review and Support for Persons From Abroad.

    Housing Law; Lime Legal’s Allocation & Homelessness

    1st January 2008

    Annual conference: Jordan's Housing Law; Lime Legal's Allocation & Homelessness

    Solicitor's Journal - In Possession, Blogging the Law

    4th August 2006

    Author of 'In Possession, Blogging the Law' for the Solicitor's Journal.

    Journal of Housing Law: Homelessness Law

    1st January 2006

    Author of 'Homelessness Law: Interim Accommodation and the EEA National' for the Journal of Housing Law.

    Kelvin is a well-known speaker at both national and regional conferences and training programmes on topics relating to his fields of specialism.

    Administrative Law Bar Association (ALBA)

    Case

    Planning permission for “community purposes” includes wraparound childcare facilities

    2nd August 2018

    A condition in a planning permission that a park pavilion "shall only be used for community purposes ... and for no other purpose (including any other purpose within Classes D1....

    Case

    High Court upholds 10 years’ residence requirement to join social housing waiting list

    26th July 2018

    A condition requiring applicants to demonstrate at least 10 years' continuous residence in-borough before they can qualify to join Hillingdon Council's Housing Register – a condition thought to be the....

    Case

    High Court upholds Public Spaces Protection Order on multiple dog walking

    20th April 2018

    The High Court has dismissed a challenge to the London Borough of Richmond upon Thames' prohibition, contained in its Public Spaces Protection Order 2017 (Dog Control), on the walking of....

    News

    MPs scrutinise Government’s implementation plan for the Homelessness Reduction Act 2017

    29th November 2017

    The Communities & Local Government Select Committee, chaired by Clive Betts MP, has been providing an oversight of the Government's introduction of the Homelessness Reduction Act 2017, in a one-off....

    Case

    Homelessness decisions and the public sector equality duty: a victory for substance over form

    17th January 2017

    Hackney LBC v Haque [2017] EWCA Civ 4, judgment of the Court of Appeal (McCombe, Beatson & Briggs LJJ), Tuesday 17 January 2017. A judge had been wrong to hold that....

    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

    Cornerstone Barristers advise on voluntary right to buy scheme

    4th July 2016

    Kelvin Rutledge QC and Ashley Bowes were instructed by the Future Housing Review to provide an analysis of the legal implications of the Government's Manifesto pledge to extend the statutory....

    News

    Inside Housing - Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy

    22nd June 2016

    Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is....

    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....

  • Case

    Herefordshire Council cleared of misfeasance allegations

    26th February 2016

    Herefordshire Council has been held to have acted lawfully in suspending referrals to Rosedale Care Home in Ross-on-Wye and advising and assisting its residents to move to other homes when, in 2010, Rosedale received a zero-star rating from the Care Quality Commission and other safeguarding concerns arose.

    ....

    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

    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

    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....

    News

    Cornerstone Newsletter: Bringing You the Latest in Legal Developments

    26th January 2015

    Click here for the latest legal developments in housing law, as well as commentary, guidance on statutory developments and upcoming cases. Edited by Andrew Lane.....

    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

    Vulnerability and priority need: triple whammy in the Supreme Court

    22nd October 2014

    The Supreme Court, which was already considering the case of Hotak v Southwark LBC will also consider, in a three day hearing, whether permission should be granted in the case....

    Case

    Settling Age-Assessment Disputes Out Of Court

    3rd July 2014

    Subject only to the requirements of 54APD.17.1 (short statement of reasons supporting agreed order in judicial review proceedings) and, where the claimant is a child, CPR21.10 (approval of compromise), parties....

    Case

    Statutory Homeless Reviews: Like Marriage A “For Better Or For Worse” Experience

    26th June 2014

    Where a local housing authority considering a homelessness application under Part 7 of the Housing Act 1996 has found an applicant to be owed some form of duty, and there....

    Case

    Bath & NE Somerset Council V SC & RP (CoP, Swindon Combined Court Centre, DJ Ralton) Nov. 2013.

    21st November 2013

    The first respondent had substantial care needs. The issue was whether these should be met in residential accommodation provided by the local authority, or in her own home, by her....

    Case

    Hotak v Southwark

    15th May 2013

    For full judgement click here: Hotak Judgement....

    News

    Kelvin Rutledge appointed Queen's Counsel

    27th February 2013

    Cornerstone is delighted to announce that Kelvin Rutledge has been appointed Queen's Counsel in this year's competition. Kelvin is a public law specialist focusing primarily on community care, powers and duties....

    Case

    LB Hounslow v Powell; Leeds CC v Hall and Birmingham CC v Frisby [2011] UKSC 8

    1st January 2011

    These cases concern the application of the decision in Manchester CC v Pinnock to the homelessness and introductory tenancy schemes. ....

    Case

    R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33

    1st January 2011

    See full text of case....

    Case

    Lekpo-Bozua v London Borough of Hackney & Ors [2010] EWCA Civ 909

    1st January 2010

    The Court of Appeal has held that there is no free standing right to reside under Article 18 EC. It held that the permanent right of residence is subject to....

    News

    Local Authority Support for People from Abroad Conference

    3rd December 2009

    Bryan McGuire, Ranjit Bhose, Kelvin Rutledge, Sian Davies and Peggy Etiebet spoke at this conference hosted in association with LGG. Chaired by Bryan McGuire, the day was an essential legal update....

    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.

    ....

    News

    Local Authority Support for People from Abroad Conference

    3rd December 2008

    Bryan McGuire, Ranjit Bhose, Kelvin Rutledge, Sian Davies and Peggy Etiebet spoke at this conference hosted in association with LGG.

    ....

    News

    Housing Law Update: the essential guide to all the latest changes

    5th July 2007

    2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.

    ....

    Case

    Bristol City Council v Hassan & Anor [2006] EWCA Civ 656

    1st January 2006

    Secure tenancies - suspended possession orders, appropriateness of prescribed form. See full text of case.....

    Case

    R (on the application of the London Borough of Greenwich) v Secretary of State for Health and another [2006] EWHC 2576 (Admin)

    1st January 2006

    Immigration and Asylum - responsibility for residential care costs of local authority in whose area applicant ordinarily resided before she became a person in need of care and attention. See full....

    Case

    London Borough of Tower Hamlets v Begum [2005] EWCA Civ 340

    1st January 2005

    Secure tenancies - possession proceedings, human rights, public law defences. Part VII Housing Act 1996 - homeless applicants - test for re-applications following a rejected review application and dismissed appeal. See full....

    Case

    Mohamed, R (On The Application Of) V London Borough Of Harrow [2005] EWHC 3194 (Admin)

    1st January 2005

    Homelessness - eligibility, EU15 national, meaning of 'work-seeker', discrimination. Application of Schedule 3 to the Nationality Immigration and Asylum Act 2002 rendering EEA nationals ineligible for accommodation pending review under s.188(3)....

    Case

    London Borough of Islington v University College London Hospital NHS Trust [2005] EWCA Civ 596

    1st January 2005

    Immigration and Asylum - availability of damages against tortfeasor by social services authority providing residential care to victim. See full text of case....

    Case

    Phillips v Camden London Borough Council [2005] EWCA Civ 1005

    1st January 2005

    Homelessness - inquiries, second appeals. See full text of case....

    Case

    Osmani v London Borough of Harrow [2004] UKHL 4

    1st January 2004

    Homelessness - former asylum-seekers (conjoined appeal), Government's dispersal policy, local connection, meaning of 'own choice'. See full text of case.....

    Case

    Stanley v Ealing [2003] EWCA Civ 679

    1st January 2003

    Powers and duties of local authorities - house in multiple occupation, conversion of single dwelling into self-contained flats, whether regulations still apply. See full text of case.....

    Case

    Begum v London Borough of Tower Hamlets [2003] UKHL 5

    1st January 2003

    Housing and Human Rights - homelessness, statutory reviews, compatibility with Art 6. See full text of case....

    Case

    Ealing v Surdonja & Ors [2000] EWCA Civ 7

    1st January 2000

    Homelessness - definition of local connection. See full text of case....

    Case

    Structadene Ltd, R (on the application of) v Hackney London Borough Council [2000] EWHC Admin 405

    1st January 2000

    Powers and duties of local authorities - sale of commercial land, meaning of "disposal". See full text of case....

    Case

    Rogers v London Borough Of Islington [1999] EWCA Civ 2046

    1st January 1999

    Powers and duties of local authorities - basic definition of house in multiple occupation), CA (breach of copyright, design of social housing estate. ....

    Case

    Pereira, R (on the application of) v London Borough Of Camden [1998] EWCA Civ 863

    1st January 1998

    Homelessness - basic definition of "vulnerability". See full text of case....

    Case

    Royal Borough Of Kingston Upon Thames v Prince & Anor [1998] EWCA Civ 1891

    1st January 1998

    Secure tenancies - minor's rights of succession to tenancy. ....

    Case

    Morris & Anor, R (on the application of) v London Borough Of Brent [1997] EWCA Civ 1868

    1st January 1997

    Secure tenancies - demolition of housing estate, tenant consultation. ....

    Case

    Morris & Anor, R (on the application of) v London Borough Of Brent [1997] EWCA Civ 1868

    1st January 1997

    Secure tenancies - demolition of housing estate, tenant consultation. ....

    Case

    O'Rourke v. Mayor Etc of the London Borough of Camden [1997] UKHL 24

    1st January 1997

    Homelessness - availability of damages for breach of statutory duty. See full text of case....

    EVENT

    Cornerstone Barristers Housing Conference 2018

    2nd October 2018

    1

    Hosted by the Cornerstone Housing Team, the conference will provide a thorough analysis of the latest developments in housing law and policy, as well as practical advice on a wide....

    EVENT

    Homelessness Reduction Bill Seminar

    20th April 2017

    1

    Cornerstone Barristers invites you to a morning seminar on the Homelessness Reduction Bill. Kelvin Rutledge QC, Matt Hutchings QC and Matt Lewin from the Cornerstone Housing Team will consider the key....