Is housing allocation “within the ambit” of article 8?
26th September 2018
Matt Hutchings QC concludes that the jury is still out on this question, which may well need to be decided in the not too distant future.
Why does it matter?
Judge finds that open cast mine case is open and shut
27th June 2018
IntroductionThis case - Merthyr Tydfil County Borough Council v Blackstone (South Wales) Ltd  EWHC 1506 (QB) - concerns a major opencast coal mine at Ffos-y-fran, on the outskirts of....
Camden successfully defends CPO of Bacton Low Rise Estate
2nd November 2017
In a judgment handed down on 26 September 2017, Mr Justice Dove:
• Summarised the principles applicable to CPO challenges• Rejected grounds based on technical procedural breaches which had not caused....
HHJ Luba QC upholds out of London discharge of duty
6th October 2017
In an important decision for local authorities, on 6 October 2017 HHJ Luba QC upheld the London Borough of Brent's decision to discharge the main housing duty it owed to....
Property Law Journal - Enforcement of Planning Obligations
26th September 2017
Matt Hutchings QC has written an article on enforcement of planning obligations for the Property Law Journal.
Click here to view the article.
High Court Judge Refuses Permission for Sex Offender’s Challenge
25th September 2017
At a hearing on Friday 22 September 2017, Gilbart J refused permission for Michael Goldsworthy, a convicted sex offender, to sue the London Borough of Richmond on Thames for damages....
Radio 4 - Housing Law
12th September 2017
Matt Hutchings QC joins a panel of speakers for a discussion on topical housing issues for an episode of Unreliable Evidence on BBC Radio 4. The panel considers whether the....
Matt Hutchings QC speaks about housing law and policy on BBC Radio 4
8th September 2017
Matt took part in an expert panel discussing topical housing law issues with Clive Anderson.
The discussion will be broadcast as part of BBC 4's Unreliable Evidence series on Wednesday 13....
High Court judgment sounds warning note for housing authorities
11th August 2017
A judgment handed down on 10 August 2017 by Popplewell J sounds a warning for local authorities in relation to their procedures for managing temporary accommodation.
Dacorum Borough Council housed a....
Inside Housing - High Court orders leaseholders to sell affordable housing back to council
28th July 2017
Inside Housing has reported on Matt Hutchings QC's High Court affordable housing battle.
Click here to view the article.....
Victory for local democracy: High Court Judge “stepped over the line” when quashing working household priority scheme
28th July 2017
In October 2013, pursuant to a decision by its Cabinet, the London Borough of Ealing amended its housing allocation policy by creating a "working household priority scheme" ("the WHPS"). Under....
Southwark Gets Tough on Affordable Housing Pledges Again
14th July 2017
Following litigation brought in the High Court, Chancery Division, the London Borough of Southwark has secured the return of 9 more designated affordable housing units to affordable housing use.
Party for new Cornerstone Silks
26th June 2017
Paul Shaderevian, Tom Cosgrove and Matt Hutchings celebrated their QC appointments at a party held at Tallow Chandlers Hall in the City on 22 June.
Matt's wife Cassandra played Rhapsody from the....
Accommodation approved by probation officer not the same as prison
18th May 2017
Rageb v Kensington and Chelsea RLBC  EWCA 360
A prisoner was released on licence to supported accommodation run by St Mungo's ("the Hostel"). It was a condition of his licence....
Judical Review - The Right to Respect for the Home: Privacy's Poor Relation?
10th May 2017
Matt Hutchings QC discusses article 8 horizontality following McDonald in the Supreme Court, please click here to view the full article.....
Southwark Gets Tough on Affordable Housing Pledges
24th April 2017
Following litigation brought in the High Court, Chancery Division, the London Borough of Southwark has secured the return of 17 designated affordable housing units to affordable housing use.
The 17 flats....
Redress for abuse of the planning system
11th April 2017
Master Davison refuses to strike out claim alleging planning fraud by religious charity
Chalfont St Peter Parish Council v Holy Cross Sisters Trustees Incorporated
Queen's Bench Division, 10 April 2017
This claim concerns....
Silk Day 2017
13th February 2017
Matt Hutchings, Paul Shadarevian and Tom Cosgrove have been formally appointed Queen's Counsel following a ceremony at Westminster earlier today.
Click here for further information on their appointments.
Kensington and Chelsea wins homelessness dispute with Ealing
16th January 2017
High Court holds that 1985 case of O'Brian is no longer good law.
In a judgment delivered on 13 January 2017 HHJ Karen Walden-Smith decided that a local housing authority to....
Cornerstone Barristers announces three new silks
12th January 2017
Cornerstone Barristers is proud to announce that Paul Shadarevian, Matt Hutchings and Tom Cosgrove are to be appointed Queen's Counsel.
Paul Shadarevian has extensive expertise across all areas of planning law,....
Practical Law - Hemming and others v Westminster City Council
12th December 2016
Philip Kolvin QC and Matt Hutchings have contributed to a briefing published by Practical Law on the fee structure of local authority licence schemes under the Services Directive. The piece....
Court of Justice finds in favour of sex shops
17th November 2016
In the latest twist in the sex shop licensing litigation, R(Hemming & ors) v Westminster City Council, on 16 November 2016 the Court of Justice of the European Union delivered....
Judicial Review - Delegation of Functions - Principles and Recent Perspectives
6th July 2016
Matt Hutchings of Cornerstone Barristers has written an article for Judicial Review on the delegation of functions by public bodies. The article focuses on three aspects of delegation considered in case....
Matthew Hutchings of Cornerstone Barristers appointed to Junior Counsel to the Crown A Panel
24th June 2016
Cornerstone Barristers is pleased to announce that Matt Hutchings has been appointed to the Junior Counsel to the Crown – A Panel. Matt's appointment will last for a period of five....
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....
Cornerstone and Gosschalks team in Court of Justice of the European Union
2nd June 2016
On 1 June 2016, the Court of Justice of the European Union heard argument in the case of Hemming, the leading case on licensing fees.
The Supreme Court referred the case....
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....
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.
Parliamentary Inquiry into Prostitution
21st March 2016
A team from Cornerstone Barristers is advising a national feminist organisation appearing in an inquiry into prostitution.
The Home Affairs Select Committee is conducting an inquiry into prostitution, and in particular....
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....
New Pan London Adult Safeguarding Policy Launched
10th February 2016
The keenly awaited new Pan London Adult Safeguarding Policy and Procedures was launched yesterday at a celebratory event at BMA House, Tavistock Square, London.
The new policy aims to deliver consistency....
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
Journal of Housing Law - Haile v Waltham Forest LBC
12th November 2015
Matt Hutchings has written an article for Journal of Housing Law on the Supreme Court ruling in Haile v Waltham Forest LBC concerning whether a council was entitled to find....
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....
Cornerstone Barristers awarded tender for adult safeguarding legal review
21st July 2015
Cornerstone Barristers is delighted to announce that it has succeeded in a tender to provide London authorities with a legal review of Pan London Adult Safeguarding Policy & Procedures.
The Guardian - UK homeless no longer have to take 'almost impossible' accommodation test
13th June 2015
Matt Hutchings comments on a Supreme Court ruling concerning the vulnerability test used by local authorities when reviewing applicants for council accommodation. Matt represented the charities Shelter and Crisis in the case.
Local Government Lawyer: The Supreme Court on vulnerability
11th June 2015
Matt Hutchings discusses the Supreme Court's interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak, Kanu and Johnson.
Solicitors Journal - No such thing as an 'ordinary homeless person'
26th May 2015
Matt Hutchings discusses the Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson
Local Government Lawyer: Supreme Court upholds challenge to council decision on intentional homelessness
20th May 2015
Matt Hutchings comments on the Supreme Court's decision to uphold an appellant's challenge in the case of Haile v London Borough of Waltham Forest.
Click here to read the article in....
Haile V London Borough of Waltham Forest  UKSC 34
20th May 2015
Fresh from the Judgment in Hotak v London Borough of Southwark; Kanu v London Borough of Southwark; Johnson v Solihull MBC  UKSC 30 last Wednesday the Supreme Court have....
New Law Journal - Supreme Court broadens meaning of "vulnerable"
19th May 2015
Matt Hutchings comments on the case of Hotak, Johnson and Kanu v London Borough of Southwark & Anor  and the implications for local authorities when reviewing applicants for accommodation.
The Justice Gap: Supreme Court ruling to protect single homeless people
15th May 2015
Matt Hutchings discusses the implications of a Supreme Court ruling concerning the protection of single homeless people.
Last week, in three appeals about priority need for the homeless (Hotak, Kanu and Johnson  UKSC 30), the Supreme Court overturned the test used by local authorities for 16 years to decide whether a homeless person is 'vulnerable' and so in priority need of accommodation. The previous test had put the bar impossibly high for the vast majority of single homeless applicants to get temporary housing. This was a particular problem in London and the South East, where local authorities took a hard line.
• Matt represented interveners Crisis and Shelter in the three appeals
•'This ruling represents a major step in tackling the injustice faced by so many single homeless people in England today,' said Jon Sparkes, chief executive of Crisis.
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....
Hemming – Supreme Court Judgment Answers Questions And Raises Others
29th April 2015
The sex fee wars are set to continue following the long-awaited ruling of the Supreme Court. The Court has cast doubt on the legality of Westminster City Council's charging regime....
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.
Landlord defends £1m claim for damages arising out of fire in restaurant
8th October 2014
Stratton v Patel  EWHC 2677 (TCC)
Restaurant premises were damaged by a fire and leaks which occurred during development works carried out above them by building contractors employed by the landlord.
R(Powell) v Brighton Marina Co Ltd  EWHC 2136 (Admin)
17th July 2014
Challenge to outer harbour development at Brighton Marina on basis that the works are ultra vires the Brighton Marina Act 1968. Whether the requirement that a JR claim form be filed "promptly" offends EU law. The case is ongoing.
Hines v Lambeth LBC  EWCA Civ 660; Times June 19, 2014, CA
17th July 2014
The Court of Appeal accepts Matt's "startlingly simple" submission that the welfare of the child cannot be a paramount consideration in relation to his mother's right of residence.....
R(Powell) V Brighton Marina Company Ltd & Ors
18th June 2014
High Court hears challenge to huge marina development and considers whether requirement of promptness in JR contrary to EU law.
The Brighton Marina Company has planning permission for a large residential....
$1.9 million damages awarded to Matt Hutchings's client in commercial claim
7th March 2014
Matt Hutchings acted for Virulite LLC which recovered damages of US$1.9 million after a 10-day trial.
The case concerned termination of an agreement for the exclusive US distribution of the Virulite....
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....
Virulite LLC v Virulite Distribution Ltd & or  EWHC 366 (QB), QBD
27th February 2014
Termination of agreement for exclusive distribution of a medical device in the US. Effect of "no variation" clauses, promissory estoppel. Assessment of loss where the device had not in fact....
Court of Appeal confirms limited power of county court in s.204 appeals
8th November 2013
LB Ealing v P, 5 November 2013
Arden, Sullivan and Davis LJJ
In allowing the appeal brought by LB Ealing, the Court of Appeal emphasized that the role of the county court....
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....
High Court considers how evidence seeking to establish precise boundaries using datum points should be assessed in boundary dispute
16th May 2013
Matt Hutchings successfully defends a decision of William Hanson, sitting as an Adjudicator to HM Land Registry in Currey v Fletcher , Chancery Division, 15th May 2013.
The Adjudicator produced a....
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....
PM announces stop to “soft touch” approach to housing and benefits for immigrants
25th March 2013
The proposed measures announced by the PM during his speech on immigration today include:
A requirement for local housing authorities to apply a local residence test under their allocation schemes, so....
Solihull v Hickin and Thurrock v West in action: Article 8 and “second successors”
10th December 2012
In Kensington and Chelsea RBC v Kent & ors, District Judge Sheldon, applying Thurrock v West, found that a local authority's claim for possession against "second successors" did not constitute....
High Court decision on the admission of new evidence in s.204 appeals
26th November 2012
Matt Hutchings acted for Richmond in a successful appeal to the High Court from an order of the county court judge admitting new evidence in a s.204 Housing Act 1996....
R (Siwak) v LB Newham  EWHC 1520 (Admin);  EqLR 670, QBD
1st June 2012
COURT REFUSES TO MICROMANAGE EQUALITY IMPACT ASSESSMENT
Judgment providing a helpful overview of the PSED and consultation obligations. High Court Judge states that it would be undemocratic for the courts to....
Local authority challenged on cuts to legal advice services
29th May 2012
Bryan McGuire QC and Matt Hutchings appeared in the Administrative Court last week defending the London Borough of Newham in a judicial review claim that it had unlawfully cut and....
12th March 2012
LB Croydon v Aaron Kennedy
Tower Bridge Magistrates granted a lifelong ASBO against a 19 year old ringleader intimidating Croydon residents and shopkeepers. None of the victims was prepared to give....
R (Tiller) v East Sussex County Council  EWHC 3077 (Admin) well  & EWCA Civ 1577;  EqLR 265, CA
20th February 2012
Matt Hutchings and Bryan McGuire QC have submitted an application for permission to appeal to the Supreme Court in the above case on behalf of Mr Tiller, who was also....
LB Southwark v Connor & ors  EWHC 685,  Env LR 1, QBD
1st January 2012
£5 million civil fraud/unlawful waste disposal case. 25 day trial against leading silk. Vast majority of claim against my client dismissed. Interim injunctions discharged.See full text of case at: http://www.bailii.org/ew/cases/EWHC/QB/2011/685.html
Tiensia v Vision Enterprises Ltd (t/a Universal Estates)
29th November 2010
Tiensia v Vision Enterprises Ltd (t/a Universal Estates)  EWCA Civ 1224
Court of Appeal: Thorpe, Sedley and Rimer LJJ
This was a test case on the operation of the tenancy deposits....
R(Weaver) v L&Q  1 WLR 363;  PTSR 1;  4 All ER 865;  HRLR 29;  UKHRR 1371;  HLR 40;  BLGR 962
1st January 2010
R(Weaver) v L&Q  1 WLR 363;  PTSR 1;  4 All ER 865;  HRLR 29;  UKHRR 1371;  HLR 40;  BLGR 962; Times 26 August....
Cornerstone Barristers Housing Conference 2018
2nd October 2018
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
20th April 2017
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....