020 7242 4986 or  0333 240 0591 London  |  Birmingham  |  Cardiff
Philip Kolvin

Lindsay Johnson

Called
1997
Telephone
020 7242 4986
Clerk
Daryl Hughes
CV
Email

Lindsay specialises in public law with a particular focus on adult social care, healthcare, corporate governance and policy. He regularly represents local authorities, health bodies as well as individuals.

"He distills complicated issues into accessible, practical advice and he's extremely bright."

Chambers and Partners 2022

"Lindsay has a very wide understanding of development in social welfare law; he's often leading cases challenging new restrictions."

Chambers and Partners 2022

Lindsay is an experienced public law practitioner with a broad practice that ranges from adult social care and healthcare to matters relating to corporate governance and policy.

He has a particular focus on community care, in particular children and adults with disabilities and/or the elderly, housing matters, and mental health, including the Court of Protection. Each of those disciplines requires a broader knowledge of equalities and discrimination law, human rights and local government law.

His client base is diverse, including local authorities, health bodies as well as individuals.

Lindsay is qualified to accept direct access instructions. He has represented clients who need "a bit of preliminary advice" as well as those who are involved in litigation. He has advised on property matters, matters involving planning, matters relating to proceedings in the Court of Protection, and cases of pure contract.

Lindsay is the author of the Public Law update for LAG Magazine. Previously, he was the editor for several years of the Housing Encyclopaedia, the Local Government Encyclopaedia, Local Government Finance.

"He distills complicated issues into accessible, practical advice and he's extremely bright."
- Chambers and Partners 2022

"Lindsay has a very wide understanding of development in social welfare law; he's often leading cases challenging new restrictions."
- Chambers and Partners 2022

Overview

Lindsay's practice in this area encompasses corporate governance and policy as well as cases involving equalities law and discrimination claims, freedom of information and data protection. He has been instructed on structural challenges to local government decision-making and policy formulation, in particular with respect to both cuts (or alterations) to the provision of funded services and in relation to policies developed to address the pandemic, such as the local implementation of Everyone In.

He has represented clients in protest cases, including in relation to challenges to the badger cull, those protesting as a result of the Occupy movement and various protests at fracking sites. Those cases inevitably involve balancing of rights under the European Convention and the marrying of those rights with domestic law, in particular the horizontal application of article 8.

Overview

Lindsay has consistently been recommended as a leading junior in the directories over a number of years for social housing and has appeared in several of the defining cases over the last decade, including two of the principal Supreme Court cases on homelessness, one of which was the first consideration by the Supreme Court of the Equality Act 2010.

He undertakes work across the whole spectrum of housing law: from allocation of social housing to enfranchisement and service charge issues; from anti-social behaviour (including applications under the Anti-social Behaviour, Crime and Policing Act) to regulation of housing conditions.

In recent years, his work has focused on broader structural challenges to housing strategies and the overlap with welfare benefits created by welfare reform and issues arising from the pandemic, as well as exploring developments in homelessness legislation.

Cases

R (Halborg) v Hinckley & Bosworth Borough Council
24.02.2022
An important case on a challenge to a Community Protection Warning under s.43(5) of the Anti-Social Behaviour, Crime and Policing Act 2014, which confirmed that such warnings are amenable to....

Overview

Most of Lindsay's work in this area involves children, adults with disabilities or the elderly. He advises local authorities, private companies and individuals on issues relating to the closure of care homes and regulatory issues regarding care homes, including challenges to ratings by the CQC. He regularly advises on finance issues, in particular, charging for adult social care and deprivation of assets cases, and on issues concerning social care assessment and eligibility for services.

He advises or represents clients in cases involving access to social welfare benefits: he was involved in the Sanneh litigation concerning the rights of non-EU Zambrano carers to social assistance and has advised extensively on the consequences of the Supreme Court decision in Tigere for those students who are caught between ineligibility for student finance and ineligibility for housing benefit. He has represented local authorities in relation to structural challenges brought by protest groups in respect of the duties to provide in-area placements for children. Recent instructions have included: advising on ordinary residence disputes; advising on the lawfulness of policies adopted in relation to social care; bringing (and defending) judicial review proceedings concerning placement of eligible people and their care packages; advising in relation to age-dispute policies and procedures for purported unaccompanied asylum seeking children; and, on revisions of decisions in Continuing NHS Funding.

Overview

Lindsay has considerable experience of litigation in the Court of Protection, representing local authorities, CCGs, individuals and – via the Official Solicitor – those subject to such proceedings in both health and welfare proceedings and applications in relation to property and affairs.

There is a clear cross-over with housing and with community care – hoarding cases are frequently difficult for social landlords and an understanding of care planning and local government decision-making is essential to proper determination of the issues in many welfare matters. The variety of work is varied and recent instructions have related to arrangements for sexual conduct for those lacking capacity to make decisions about with whom they have contact, restriction on travel for those who wish to travel abroad, cases involving forced (or cultural) marriage, forced medical treatment cases and seemingly unresolvable family disputes relating to care of family members.

Overview

Lindsay co-wrote the most recent version of Local Government Constitutional and Administrative Law and was a contributor for several years to Cross on Local Government and the loose-leaf Local Government Finance.

Lindsay's advisory work in local government relates to the broad arena of functions which local authorities exercise (from duties to children, through community care functions, to education, road traffic and finance obligations such as PFI deals) as well as to constitutional and executive arrangements and administrative aspects of local government law. He regularly appears in the Administrative Court in relation to local government powers and duties in tribunals concerning local government education and social welfare functions.

He has advised and represented local authority clients on all manner of challenges to decision-making and in relation to use of powers, vires issues and local government decision making. He has extensive experience of issues arising from members' conduct and of executive arrangements for local authorities from parish councils to unitary authorities. Lindsay has advised extensively on parking for those living in local authority accommodation and on the adoption of CPZs and disabled parking rights. Linday also advises on matters relating to local government finance, having contributed to the loose-leaf Local Government Finance for several years.

Overview

Lindsay has advised and represented clients over several years on pure property cases, ranging from service charge and enfranchisement disputes in the FTT, through rights of way and restrictive covenants to adverse possession claims and boundary disputes. He has advised in relation to commercial property disputes on applications for lease extensions and tenancy renewal.

Recent property work includes matters such as: mortgage possession proceedings; disputes as to the beneficial ownership of properties (arising out of disputes between the joint owners themselves or in the context of claims by mortgagees); trusts of land; propriety estoppel; claims arising out of contracts for sale of land; boundary disputes; claims for adverse possession. Lindsay has represented clients in the LVT on service charge and leasehold enfranchisement issues.

The obvious cross over with the private law aspects of housing law gives Lindsay a commercial insight into property matters which enables him to give effective and pragmatic advice.

Homelessness and Allocations

11th September 2006

Lindsay Johnson was the co-author of Sweet & Maxwell's Homelessness & Allocations (6th ed).

This is the comprehensive and authoritative guide to the legal obligations of local housing authorities when allocating social housing and assisting those who are homeless. Written by leading practitioners in the field, it provides detailed guidance on the statutory framework, case law and government policy in both England and Wales.

The sixth edition provides a detailed update on the legislative and policy developments since the previous edition. This includes the ground-breaking initiative under which the English and Welsh governments made emergency provision to accommodate all homeless people during the covid-19 pandemic, known in England as 'Everyone In'. This led to emergency accommodation being provided for over 37,000 people. The book considers the legal framework, case-law and the policy background behind this undertaking, and the extent to which government policy has altered the landscape of homelessness provision as a result.

As the Homelessness Reduction Act 2017 reaches its third anniversary in England, this edition provides a comprehensive review of guidance, case law and the effectiveness of the prevention and relief duties.

Eligibility for homelessness and social allocation has been substantially revised following Brexit. This edition's chapters on eligibility provide an accessible and clear route through the complex new eligibility landscape.

Additional new information includes:

Amendments to Part 7 of the Housing Act 1996 made by Domestic Abuse Act 2021
Revisions to the Codes of Guidance
Consideration of the latest case law on homelessness duties
Consideration of the latest case law on allocation of social housing
A review of unreported first-instance decisions and Ombudsman complaints

  • Housing Law Practitioners Association (HLPA)
  • Administrative Law Bar Association (ALBA)

News:

Cornerstone Barristers welcomes new tenant Lindsay Johnson to Chambers

6th June 2022

We are delighted to welcome Lindsay Johnson to Cornerstone Barristers. Lindsay specialises in public law and his experience spans multiple areas including local government, community care and Court of Protection,....

Case: Housing

R (Halborg) v Hinckley & Bosworth Borough Council

24th February 2022

An important case on a challenge to a Community Protection Warning under s.43(5) of the Anti-Social Behaviour, Crime and Policing Act 2014, which confirmed that such warnings are amenable to....

Case:

R (B) v Redbridge LBC

15th February 2022

R (B) v Redbridge LBC [2019] EWHC 250 (Admin), [2019] PTSR 1525 – an important decision in relation to the circumstances giving rise to a right of review of the....

Case:

R (RS) v Brent LBC [2021] EWCA Civ 1711, [2021] 1 WLR 2293

18th December 2020

Lindsay represented the local authority in this claim for discrimination arising from the non-award of a disabled persons' parking badge; principal issue on appeal was that of costs.....

Case:

R (McKeown) v Islington LBC

14th April 2020

R (McKeown) v Islington LBC [2020] EWHC 779 (Admin), [2020] PTSR 1319 – a case on disabled facilities grants for a disabled occupier of local authority accommodation.....

Case:

R (Parveen) v Redbridge LBC

12th March 2020

R (Parveen) v Redbridge LBC [2020] EWCA Civ 194, [2020] 4 WLR 53 – this was an appeal in relation to costs arising from a withdrawn judicial review.....

Case:

R (Escott) v Chichester BC

10th March 2020

R (Escott) v Chichester BC [2020] EWHC 1687 (Admin), [2020] PTSR 1678 – this was a challenge – born out of the pandemic – to the need for local authorities to....

Case:

R (SH) v Waltham Forest LBC

11th October 2019

R (SH) v Waltham Forest LBC [2019] EWHC 2618 (Admin), [2021] HLR 10 – the first case to consider the amendments to the homelessness legislation made by the Homelessness Reduction....

Case:

R (T) v Hertfordshire CC [2016] EWCA Civ 1108, [2017] 1 WLR 2153

21st November 2016

This was a challenge to the decision of the local authority that a child who had been voluntarily looked after by her grandmother when he needed accommodation was accommodated pursuant....

Case:

Hotak v Southwark LBC

13th May 2015

Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811 – a seminal case in the definition of "vulnerable" when ascertaining priority need for accommodation; it was the first case....

Case:

Nzolameso v Westminster CC [2015] UKSC 22, [2015] PTSR 549

2nd April 2015

This appeal to the Supreme Court concerned the use of out of area placements to house the homeless, it raised issues relating to procurement of housing by local authorities and....

Case:

Sanneh v Secretary of State for Work & Pensions [2015] EWCA Civ 49, [2016] QB 455

10th February 2015

 Lindsay appeared in the Court of Appeal in this challenge which related to the rights of non-EU Zambrano carers to social assistance; I represented four respondents to the appeal, which....

Case:

Telchadder v Wickland (Holdings) Ltd [2014] UKSC 57, [2014] 1 WLR 4004

5th November 2014

 An important case on the meaning of the phrase "service of notice to remedy the breach" under the Mobile Homes Act 1983, in which Lindsay represented an occupier of a....

R (Halborg) v Hinckley & Bosworth Borough Council

24th February 2022

An important case on a challenge to a Community Protection Warning under s.43(5) of the Anti-Social Behaviour, Crime and Policing Act 2014, which confirmed that such warnings are amenable to....

R (RS) v Brent LBC [2021] EWCA Civ 1711, [2021] 1 WLR 2293

18th December 2020

Lindsay represented the local authority in this claim for discrimination arising from the non-award of a disabled persons' parking badge; principal issue on appeal was that of costs.....

R (McKeown) v Islington LBC

14th April 2020

R (McKeown) v Islington LBC [2020] EWHC 779 (Admin), [2020] PTSR 1319 – a case on disabled facilities grants for a disabled occupier of local authority accommodation.....

R (Escott) v Chichester BC

10th March 2020

R (Escott) v Chichester BC [2020] EWHC 1687 (Admin), [2020] PTSR 1678 – this was a challenge – born out of the pandemic – to the need for local authorities to....

R (T) v Hertfordshire CC [2016] EWCA Civ 1108, [2017] 1 WLR 2153

21st November 2016

This was a challenge to the decision of the local authority that a child who had been voluntarily looked after by her grandmother when he needed accommodation was accommodated pursuant....

Nzolameso v Westminster CC [2015] UKSC 22, [2015] PTSR 549

2nd April 2015

This appeal to the Supreme Court concerned the use of out of area placements to house the homeless, it raised issues relating to procurement of housing by local authorities and....

Telchadder v Wickland (Holdings) Ltd [2014] UKSC 57, [2014] 1 WLR 4004

5th November 2014

 An important case on the meaning of the phrase "service of notice to remedy the breach" under the Mobile Homes Act 1983, in which Lindsay represented an occupier of a....