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

Michael Paget

Called
1995
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

Michael specialises in Property (commercial and residential), Housing and Public Law, Planning and related areas including Court of Protection matters.

You can come to Michael direct. You do not need to come through a solicitor.

This direct approach results in savings, because you only need one lawyer rather than two. And, as a barrister, Michael works on very low overheads, which means good value for clients.

 Michael is happy to work informally, so you will not need to travel to London to see him in person to take advice. He can advise you by phone or e-mail, to save you time and money. Or, if you prefer, he can come to you.

Michael and his clerks offer a number of different fee structures; fixed fees for each agreed piece of work or an hourly rate. Fee quotes can be given to assist in budgetting for litigation costs.



'He is a sensitive and responsive advocate'

'He wants success for the client and knows how to get that result from the court.'

"He is diligent, concise and someone who provides well-researched, tailored and clear advice." "A really impressive advocate who is very good with clients. He is very bright and he has got tenacity." Chambers & Partners 2018

"A fantastic barrister." Chambers & Partners 2017

"He is thorough and concise in his approach and work. He is approachable, thoughtful and personable to clients." Chambers & Partners 2016

"Michael Paget has wide experience and detailed knowledge of housing and property law, is always well prepared, an articulate advocate and gives sound advice." Chambers & Partners 2016

"He is thorough and concise in his approach and work. He is approachable, thoughtful and personable to clients."- Chambers & Partners 2016

 "A persuasive advocate" who advises on the full range of high-profile housing matters. His practice includes private property work, and he is very good on leasehold disputes. "He cannot do enough for you from the moment you pick up the phone." "He has a quick understanding of the key legal principles." - Chambers & Partners 2015

Overview

Michael has an expertise dealing with the cost implications of all litigation steps and funding issues. He accepts instructions under various forms of CFA. He encourages full use of Part 36 Offers.

He is also exerienced in regulatory cases: HMOs under the Housing Act 2004; patients and nearest relative under the Mental Health Act 1983 and land owners under TCPA 1990.

Recent caseload includes:

SWAP mis-sellingCommercial licence agreement variations

Setting-off Part 36 costs in an appeal against Part 36 costs in the main action.Obtaining and quantifying costs following discontinuance of county court displacement action.Post-Mitchell challenges

Selected earlier cases:

These cases can be accessed under Michael's other core practice area entries.

Cases

Contract Law in the Supreme Court: a sensible break with the common law?
16.05.2018
How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

The clue is in the name: cost liabilities for liability orders
01.05.2018
The Administrative Court has decided that any unsuccessful challenger to a Liability Order places themselves at risk in costs – The Queen (otao Khan) v Feltham Mags and Hounslow LBC....

News

Financial benefit is broader than profit when imposing a fine for failing to comply with an enforcement notice.
01.07.2014

On 14 January 2013 Mr Smith was fined £250,000 for breaches of s179(5) of the Town and Country Planning Act 1990 (one of the highest fines ever made against an individual for this offence).

....

Overview

  • Michael has extensive experience of 1954 Act lease renewal actions, dilapidation claims, forfeiture, lease extensions and Right to Buy decisions. He has expertise in Real Property matters including rectification of the Register and covenant removal, adverse possession, CPO, TOLATA and beneficial interest disputes including estate challenges. He was involved in the leading case on the effect of shared ownership.

    Michael's current caseload includes:

    MWB v Rock [2018] UKSC 24 - Commercial licence for serviced offices. Licensor orally renegotiates but then resiles from agreement. Effectiveness of NOM clauses.

    Rashid v Rashid [2017] UKUT 0332 (TCC) - does adverse possession arise when the paper title is obtained unlawfully? - Court of Appeal due to consider late 2018/ early 2019.

    Selected earlier cases:

    Wodzicki v Wodzicki [2017] EWCA Civ 95 - beneficial interest in family property - constructive trust extends beyond partners - and interest is to be determined after an accounting exercise.

  • Rashid v Rashid [2017] UKUT 0332 (TCC) - adverse possession does not despire obtaining paper title unlawfully

  • Amin v Barking Central Management Company Ltd  [2017] UKUT 232 (LC) - determination of extent of service charge clauses.

  • Mortgage Express v Da Rocha [2014] EWCA Civ 454- mortgage reposession - mortgagors duty as bailee

  • .McIntosh v McIntosh (deceased) [2014] EWCA Civ 557 - constructive trust claim against estate.

  • Wright  v Legister  [2014] EWHC 2041 (Ch), [2014] WTLR 1675 - Inheritance Act 1975 claim against estate.

  • Dunbar Assets PLC v Dorcas Holdings Ltd [2013] EWCA Civ 864 - mortgage possession proceedings trial judge cannot grant order prior to evidence and submissions.

  • Diep v Land Registry [2010] EWHC 3315 (Admin) - when to grant possessory title only on first registration.

  • Richardson v Midland Heart Ltd (formerly Focus Homes Options) (2008) L & TR 31 - shared ownership claim for beneficial interest.

Cases

Contract Law in the Supreme Court: a sensible break with the common law?
16.05.2018
How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

Eradicating hazards: court of appeal gives guidance on the use of improvement notices
26.05.2017
In Wood v Kingston Upon Hull City Council [2017] EWCA Civ 364, the Court of Appeal considered who should be served with improvement notices and what should be contained in....

Trust Principles: There are different ways to skin a cat
21.03.2017
A daughter's claim to be the sole beneficial owner of a property registered in the name of her late father and his second wife was considered by the Court of....

s.289 TCPA 1990 appeal: An Inspector must consider the issues in the enforcement notice not what he or she thinks might be the issues
22.12.2014

In Mohamed v Secretary of State for Communities and Local Government [2014] EWHC 4045 (Admin) the local planning authority was concerned about the erection of a dwelling in the rear garden of residential premises. A pre-existing garage had been modified. The enforcement notice was directed at the erection of a dwelling, the Inspector's report, on appeal, did not. Ms Mohamed accepted that the garage roof had been altered. The Inspector's report, which was disarmingly short, dealt with the use of the garage as a dwelling but not the erection of a dwelling.

....

A possession order is always best: Cornerstone Barristers succeed in Supreme Court unlawful eviction case
03.12.2014

Today the Supreme Court ruled, in Loveridge (AP) v Mayor and Burgesses of the London Borough of Lambeth, (click here to see the judgment) that statutory damages for unlawful eviction are calculated in the same way regardless of whether the landlord is a public sector or private sector landlord. In calculating statutory damages the effect on the value of the landlord's building of the tenant's security of tenure before eviction is crucial.

....

Supreme Court to consider unlawful eviction
15.10.2014

Next week Michael Paget will be appearing in the Supreme Court for Mr Loveridge. He was a secure tenant who was unlawfully evicted by his landlord, Lambeth LBC.

....

McIntosh v McIntosh (deceased) [2014] EWCA Civ 557
01.05.2014

Mrs McIntosh was the sole owner of a property where she had lived for many years with her ex-husband. Possession proceedings brought by her estate were resisted by him on the basis of a beneficial interest by way of constructive trust or proprietary estoppel.

....

Dunbar Assets PLC v Dorcas Holdings Ltd [2013] EWCA Civ 864, [2013] All ER (D) 159 (Jul)
12.07.2013

A lender held loans secured on a property owned by a borrower company. Acting for partner of director and tenant. The trial judge was satisfied that there was nothing in the defences granted a possession order without a trial nor hearing any submissions. The Court of Appeal set the order aside because it was unjust because of a serious procedural irregularity.

....

R (otao Diep) v Land Registry [2010] EWHC 3315 (Admin)
03.12.2010
Adverse possession. The Claimant was a registered proprietor of building and land. The Claimant had used the rear land for storage - On an application for registration of land on....

R (otao McIntyre) v Gentoo Group Ltd [2010] EWHC 5 (Admin)
04.01.2010
Admin Court finding that landlord's refusal to consent to a mutual exchange because of rent arrears on an unrelated property was unreasonable, a breach of contract and to that extent....

Richardson v Midland Heart Ltd [2008] L&TR 31
14.03.2008
Shared ownership - no beneficial interest in the freehold when 99 year tenancy terminated under Ground 8, Sch.2 HA 1988 - even when 50% market value paid. Click here to see....

News

Mortgage Repossession: Disposing of everything left behind.
07.07.2014

The Court of Appeal has just considered the duties of a mortgage company when dealing with a mortgagor's personal possessions left in a property after repossession.

....

Simpson & Ors (t/a Harrow Solicitors and Advocates v Godson & Ors [2013] EWCA Civ 1339
14.11.2013

Costs order successfully appealed where summary judgment against property owning wife was only partially successful but full costs had been awarded against appellant.

....

Flynn v Basildon DC [2011] EWHC (QBD) (IHQ/11/0611)
31.08.2011

The Claimant was a 72-year-old resident of a site at Dale Farm in breach of planning law. The council proposed to carry out a direct action eviction. She brought a claim for breach of the Human Rights Act 1998 and sought an interim injunction to prevent the eviction. The High Court refused the injunction but granted a temporary stay for 7 days to allow the council to review the latest medical evidence about the claimant.

....

Overview

  • Michael has an expertise in the enforcement of planning law for developers and in the interplay between planning law and other public law obligations. He was involved in the Occupy litigation.

    Michael's recent caseload includes:

    POCA appeal after s.179 TCPA 1990 conviction.

    Selected Earlier Cases:

    Kathleen Fox v Sabel [2016] EWHC 746 (Admin)– Statutory nuisance. Noise coming from neighbouring property. Client  brought unsuccessful private prosecution. Judicial review of Magistrates'  refusal to state a case.

    Orchid Runnymede v Persons Unknown 2015 - protest occupation of Magna Carta site.

    R v Smith (2015) EWCA Crim - appeal against £250,000 fine under s.179 TCPA 1990 - reduced to £150,000.

    Mohamed v Secretary of State for Communities and Local Govt [2014] EWHC 4045 (Admin) - appealling enforcement notice for garden development.

    Smith v Doncaster Metropolitan Borough Council [2014] EWCA Civ 16 - 9 month committal sentence for breach of planning law upheld where contemptor no longer in control of the land so no longer any coercive element to sentence.

    Corporation of London v Samede and others [2012] EWCA Civ 160 (2012) 2 All ER 1039 - Representing St.Paul's protestors seeking to vary extent of possession orders and injunctions.

    Diep v Land Registry [2010] EWHC 3315 (Admin) - when to grant possessory title only on first registration.

    Brentwood BC v Ball [2009] EWHC 2433 (QB) - no injunction granted where neighbours also in breach of planning.

    South Cambridgeshire DC v Gammell (2006) 1 WLR 658 - when to consider Article 8 rights when granting or continuing a s.187B Town and Country Planning Act 1990 injunction.

Cases

Contract Law in the Supreme Court: a sensible break with the common law?
16.05.2018
How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

Smith v Doncaster Metropolitan Borough Council [2014] EWCA Civ 16
14.03.2014

9 month committal sentence for breach of planning law upheld even where contempt or no longer in control of the land so no longer any coercive element to sentence. Legal press comment on original sentence

....

Flynn v Basildon DC [2011] EWHC (QBD) (IHQ/11/0611)
31.08.2011
The Claimant was a 72-year-old resident of a site at Dale Farm in breach of planning law. The council proposed to carry out a direct action eviction. She brought a....

Brentwood BC v Ball & Others [2009] EWHC 2433 (QB)
08.10.2009
Although the Gypsy defendants were living on their land in breach of planning law it would not be proportionate to grant an injunction under s.187B Town and Country Planning Act....

News

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....

Financial benefit is broader than profit when imposing a fine for failing to comply with an enforcement notice.
01.07.2014

On 14 January 2013 Mr Smith was fined £250,000 for breaches of s179(5) of the Town and Country Planning Act 1990 (one of the highest fines ever made against an individual for this offence).

....

Flynn v Basildon DC [2011] EWHC (QBD) (IHQ/11/0611)
31.08.2011

The Claimant was a 72-year-old resident of a site at Dale Farm in breach of planning law. The council proposed to carry out a direct action eviction. She brought a claim for breach of the Human Rights Act 1998 and sought an interim injunction to prevent the eviction. The High Court refused the injunction but granted a temporary stay for 7 days to allow the council to review the latest medical evidence about the claimant.

....

Overview

  • Michael is widely recognised as a leading housing practitioner with a Band 1 rating in Chambers and Partners. He deals with homelessness, unlawful evictions and disrepair. He is a Public Law expert. He appears in judicial review of interim accommodation decisions and allocation decisions. He deals with the interface between Housing and Community Care.

    Current caseload includes:

    Distinguishing between a quantitative and qualitative assessment of a person's circumstances for priority need determination.

    Upper Tribunal appeal relating to housing benefit overpayment of over £250,000

    Social Housing Fraud prosecution - Lewisham LBC v Scott - POCA proceedings ongoing

    Earlier cases:

    Sanderson v Valuation Tribunal [2018] EWHC (Admin) - council tax liability where property HMO.

  • Davis v Watford BC [2018] EWCA Civ 529 - correct court to seek interim relief following a non-completion s.204 appeal.

  • Khan v Feltham Magistrates Court [2017] EWHC 3042 (Admin) - recoverability of litigation costs where liability orders challenged.

  • Wood v Hull City Council [2017] EWCA Civ 364 - HMOs when to serve improvement notices on more than one property owner.

  • S & J v Haringey LBC [2016] EWHC 2692 (Admin) - procedural fairness when undertaking Children Act 1989 assessment.

  • A v Enfield LBC [2016] EWHC 567 (Admin) - was child in need when radicalised.

  • Powell v Southwark LBC 2016 , CA - appeal refusal to grant interim temporary accommodation.

  • Omar v Wandsworth LBC 2015 - first post-Hotak high court decision on 'significantly' more vulnerable.

  • Loveridge v Lambeth LBC [2014] UKSC 65 -  application of s.27/28 Housing Act 1988 statutory damages for unlawful eviction of secure tenant

  • Multiple unlawful eviction claims against same private landlord. Damages of £27k and £50k. Freezing orders; orders for sale and rectification. Total liability £250k.

  • Islington LBC v Doner [2012] EWCA Civ 1745 - Appeal dismissed by consent on provision of secure tenancy to failed successor who was vulnerable and not under-occupying normal accommodation.

  • Byrne v Poplar HARCA [2012] EWCA Civ 832 [2012] HLR 33 - Relief from sanction guidance.

  • Henley v Bloom [2010] EWCA Civ 202 - when a fresh disrepair claim following settled possession will and will not be an abuse of process.

  • Birmingham City Council v Flatt [2008] EWCA Civ 739 [2009] HLR 5 - sentencing guidance in committal cases.

  • Floyd v S (Equality and Human Rights Commission, intervening) [2008] EWCA Civ 201 - circumstances in which disability discrimination defence can be advanced.

Cases

Contract Law in the Supreme Court: a sensible break with the common law?
16.05.2018
How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

The clue is in the name: cost liabilities for liability orders
01.05.2018
The Administrative Court has decided that any unsuccessful challenger to a Liability Order places themselves at risk in costs – The Queen (otao Khan) v Feltham Mags and Hounslow LBC....

The big court or the home court?
27.03.2018
The Court of Appeal has decided that interim relief can only be sought via s.204A Housing Act 996 if the s.204 appeal is challenging a review decision rather than the....

s.289 TCPA 1990 appeal: An Inspector must consider the issues in the enforcement notice not what he or she thinks might be the issues
22.12.2014

In Mohamed v Secretary of State for Communities and Local Government [2014] EWHC 4045 (Admin) the local planning authority was concerned about the erection of a dwelling in the rear garden of residential premises. A pre-existing garage had been modified. The enforcement notice was directed at the erection of a dwelling, the Inspector's report, on appeal, did not. Ms Mohamed accepted that the garage roof had been altered. The Inspector's report, which was disarmingly short, dealt with the use of the garage as a dwelling but not the erection of a dwelling.

....

A possession order is always best: Cornerstone Barristers succeed in Supreme Court unlawful eviction case
03.12.2014

Today the Supreme Court ruled, in Loveridge (AP) v Mayor and Burgesses of the London Borough of Lambeth, (click here to see the judgment) that statutory damages for unlawful eviction are calculated in the same way regardless of whether the landlord is a public sector or private sector landlord. In calculating statutory damages the effect on the value of the landlord's building of the tenant's security of tenure before eviction is crucial.

....

Supreme Court to consider unlawful eviction
15.10.2014

Next week Michael Paget will be appearing in the Supreme Court for Mr Loveridge. He was a secure tenant who was unlawfully evicted by his landlord, Lambeth LBC.

....

Loveridge v Lambeth LBC [2013] EWCA Civ 494
10.05.2013
Statutory damages under s.28 Housing Act 1988 are available against a secure tenant but conversion of tenancy to assured tenancy on sale means no actual damages. The appeal in the Supreme....

Ali v Khan BM20293CH Chancery Division April 2013
14.04.2013
Successfully resisted appeal against adverse possession finding. Legal owner removed from the Register.....

R(George) v Hammersmith and Fulham LBC C1/2012/1122
28.02.2013
Appeal dismissed by consent on provision of introductory tenancy to failed successor....

Islington LBC v Doner [2012] EWCA Civ 1745
20.12.2012
Appeal dismissed by consent on provision of secure tenancy to failed successor who was vulnerable and not under-occupying normal accommodation. Please click here to see the Practitioner Comment....

R(George) v Hammersmith and Fulham LBC [2012] EWHC 2369 (Admin)
14.03.2012
Authority's Allocation Policy was a threshold to considering the grant of a discretionary tenancy to a failed successor rather than a gateway into the remainder of the Allocation policy. Authority's....

Henley v Bloom [2010] EWCA Civ 202
09.03.2010
Earlier possession proceedings had been compromised by consent, refurbishment works were undertaken. The Court of Appeal held, in the successful appeal against a new disrepair claim being struck out, that....

R (otao Ogbeni) v London Borough of Tower Hamlets [2008] EWHC 2444 (Admin)
08.08.2008
Where a full housing duty is owed to a 16 or 17 year old it is also owed to family members who were residing or would be reasonably expected to....

Floyd v S (Equality and Human Rights Commission, intervening) [2008] EWCA Civ 201
18.03.2008
A court does not need to adjourn possession proceedings brought on mandatory grounds for consideration of a Disability Discrimination Act 1995 defence without sufficient evidence of the alleged disability and....

News

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 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....

  • Housing Newsletter October 2014
    17.10.2014
    Please click here to see our latest housing newsletter.....

    Doncaster MBC v Winstanley [2013] EWHC (QB) [2013] All ER (D) 131 (Jul)
    08.07.2013
    Committal proceedings where acting for farmer who had already been fined £250,000 for breach of enforcement notices. The High Court imposed a 12 month sentence, suspended only if the site....

    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....

    Seminar - Defending disrepair
    25.04.2018

    1
    Aimed at all freeholders, including social landlords, this seminar will provide an overview of the basic principles underlying disrepair claims, and when to defend them. Michael Paget and Ryan Kohli of....

    Overview

    • Michael has been in litigation where a party's complex needs will often straddle a number of legal areas. A vulnerable family may not be owed any housing duties but need consideration of children or vulnerable adults. A mental health patient may need to assert their legal rights. A local authority will need to decide if an applicant is a child.

      His current caseload includes:

      MM v Secretary of State for Justice - due to be heard by Supreme Court 16 July 2018.

      Can a restricted patient (i.e a prisoner held in a mental hospital) agree to be discharged with conditions which would amount to a deprivation of liberty? Charles J held yes - M v WL Clinic  [2015] UKUT 0644 (AAC); Court of Appeal held no - Secretary of State for Justice v MM [2017] EWCA Civ 194

      Jeff v Croydon LBC JR/8568/2015 -Age assessment judicial review. A talented football player – but evidence of trafficking through football – issue – how much weight to place on physical appearance. JR allowed in October 2017 permission to appeal to Court of Appeal sought.

      Earlier selected cases

      F v Harrow LBC JR/557/2017 - Age assessment judicial review dismissed. A claimed was kidnapped in UK, raped and then put on flight to Canada. Was identified when trying to leave UK. A's story was not about what happened in country of origin – but here in UK.

    • S v Great Ormond Street Hospital 2015 - S was an anorexic who was detained in GOSH's mental health wing. She was 'Gillick' competent and wanted to leave. GOSH obtained authorisation from Family Division - prior to that was S unlawful detained - was this a 'Bournewood' gap No.2? Case settled.

    • K v Hospital Managers of the Kingswood Centre and others [2014] EWCA Civ 1332 considered how a discharge order from a nearest relative can be delivered to the hospital manager. 

    • TW v Enfield LBC [2014] EWCA Civ 362 in what circumstances can a AMHP dispense with consultation with the nearest relative prior to detention under the Mental Health Act 1983.

    Cases

    Further Cheshire West fall out: Supreme Court to decide about Mental Health Act patients
    26.07.2018
    Today the Supreme Court will be considering whether a First Tier Tribunal (FTT) has power to conditionally discharge a restricted patient with conditions that satisfy the objective element of a....

    Court of Appeal clarifies Nearest Relative role
    23.10.2014
    A Nearest Relative is entitled to seek a discharge of a patient detained under section 3 Mental Health Act 1983. And the patient will be discharged unless the Responsible Clinician,....

    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....

  • Mental Health Act 1983 Code of Practice must change.
    03.04.2014

    The Court of Appeal has just decided an important issue about AMHP consultation with a nearest relative prior to 'sectioning' under section 11(4) Mental Health Act 1983

    ....

    Overview

    • Michael appears in both welfare and financial proceedings. Claims include acting for property and affairs Deputies in family dispute situations, removals of Deputis for financial abuse and best interest welfare claims.

      Current caseload:

      Acting for Ealing LBC, new professional deputies and estates where Matrix Deputies Ltd have been removed as Deputy from over 50 cases following a number of breaches.

      Public Guardian v Matrix Deputies [2017] EWCOP 14

      COP due to give guidance on Insurance Bond call-in procedure.

      http://www.dailymail.co.uk/news/article-4878508/Judge-shames-finance-firm-amid-claims-missing-funds.html

      Recent caseload:

      RP v P acting for interim deputy appointed because concern that family members were stealing from P (P very rich). COP appointed new deputy with expertise of criminal fraudP v S -Injunction in COP preventing Deputy granting commercial lease followed by removal proceedings.Challenging safeguarding concerns after no further action from police.Central Beds v S - best interest decision about S in care home with Mrs S objecting.

    Cases

    Further Cheshire West fall out: Supreme Court to decide about Mental Health Act patients
    26.07.2018
    Today the Supreme Court will be considering whether a First Tier Tribunal (FTT) has power to conditionally discharge a restricted patient with conditions that satisfy the objective element of a....

    Overview

    • Michael is a public law expert. He has been involved in cases considering the interplay between public law obligations and private law remedies and which bodies are governed by public law.

      Recent caseload includes:

      Legitimate expectation and what are good reasons for departing from it.Staying private law possession proceedings pending judicial review.Jeff v Croydon LBC JR/8568/2015 -Age assessment judicial review. A talented football player – but evidence of trafficking through football – issue – how much weight to place on physical appearance. JR allowed in October 2017 permission to appeal to Court of Appeal sought.

      Selected earlier cases:

      Sanderson v Valuation Tribunal [2018] EWHC (Admin) - council tax liability where property HMO.

      Khan v Feltham Magistrates Court [2017] EWHC 3042 (Admin) - recoverability of litigation costs where liability orders challenged

    • Kathleen Fox v Sabel [2016] EWHC 746 (Admin)– Statutory nuisance. Noise coming from neighbouring property. Client  brought unsuccessful private prosecution. Judicial review of Magistrates'  refusal to state a case.

    • S & J v Haringey LBC [2016] EWHC 2692 (Admin) - procedural fairness when undertaking Children Act 1989 assessment.

      A v Enfield LBC [2016] EWHC 567 (Admin) - was child in need when radicalised.

    • McIntyre v Gentoo [2010] EWHC 5 (Admin) - public functions of a Registered Provider

    News

    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 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....

  • Residential Landlord and Tenant Litigation & Property Law

    18th April 2014

    Course author and speaker for Central Law Training on Residential Landlord and Tenant Litigation and for The Solicitors Group and Professional Conferences on Property Law.

    Landlord and Tenant Review - Residential disrepair

    18th March 2014

    Residential Disrepair: Where does the structure stop? Landlord and Tenant Review Vol 15, Issue 6 (December 2011)

    Legal action - Localism Act 2011

    18th March 2004

    Localism Act 2011: deposit, repairs and the rest - Legal Action April 2012 co-author Jan Luba QC;

    • Property Bar Association
    • Housing Law Practitioners Association
    • Planning and Environmental Bar Association
    • Administrative Law Bar Association

    Case

    Further Cheshire West fall out: Supreme Court to decide about Mental Health Act patients

    26th July 2018

    Today the Supreme Court will be considering whether a First Tier Tribunal (FTT) has power to conditionally discharge a restricted patient with conditions that satisfy the objective element of a....

    Case

    Contract Law in the Supreme Court: a sensible break with the common law?

    16th May 2018

    How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

    Case

    The clue is in the name: cost liabilities for liability orders

    1st May 2018

    The Administrative Court has decided that any unsuccessful challenger to a Liability Order places themselves at risk in costs – The Queen (otao Khan) v Feltham Mags and Hounslow LBC....

    Case

    The big court or the home court?

    27th March 2018

    The Court of Appeal has decided that interim relief can only be sought via s.204A Housing Act 996 if the s.204 appeal is challenging a review decision rather than the....

    Case

    Peppercorns and Chocolate Wrappers

    2nd February 2018

    How does the concept of 'consideration' work in the modern world? Yesterday the Supreme Court grappled with this question in the appeal of MWB Business Exchange Centres Ltd v Rock....

    Case

    Eradicating hazards: court of appeal gives guidance on the use of improvement notices

    26th May 2017

    In Wood v Kingston Upon Hull City Council [2017] EWCA Civ 364, the Court of Appeal considered who should be served with improvement notices and what should be contained in....

    Case

    Trust Principles: There are different ways to skin a cat

    21st March 2017

    A daughter's claim to be the sole beneficial owner of a property registered in the name of her late father and his second wife was considered by the Court of....

    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 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

    s.289 TCPA 1990 appeal: An Inspector must consider the issues in the enforcement notice not what he or she thinks might be the issues

    22nd December 2014

    In Mohamed v Secretary of State for Communities and Local Government [2014] EWHC 4045 (Admin) the local planning authority was concerned about the erection of a dwelling in the rear garden of residential premises. A pre-existing garage had been modified. The enforcement notice was directed at the erection of a dwelling, the Inspector's report, on appeal, did not. Ms Mohamed accepted that the garage roof had been altered. The Inspector's report, which was disarmingly short, dealt with the use of the garage as a dwelling but not the erection of a dwelling.

    ....

    Case

    A possession order is always best: Cornerstone Barristers succeed in Supreme Court unlawful eviction case

    3rd December 2014

    Today the Supreme Court ruled, in Loveridge (AP) v Mayor and Burgesses of the London Borough of Lambeth, (click here to see the judgment) that statutory damages for unlawful eviction are calculated in the same way regardless of whether the landlord is a public sector or private sector landlord. In calculating statutory damages the effect on the value of the landlord's building of the tenant's security of tenure before eviction is crucial.

    ....

    Case

    Court of Appeal clarifies Nearest Relative role

    23rd October 2014

    A Nearest Relative is entitled to seek a discharge of a patient detained under section 3 Mental Health Act 1983. And the patient will be discharged unless the Responsible Clinician,....

    News

    Housing Newsletter October 2014

    17th October 2014

    Please click here to see our latest housing newsletter.....

    Case

    Supreme Court to consider unlawful eviction

    15th October 2014

    Next week Michael Paget will be appearing in the Supreme Court for Mr Loveridge. He was a secure tenant who was unlawfully evicted by his landlord, Lambeth LBC.

    ....

    News

    The FCA-ordered Review into Interest Rate Hedging Product Mis-selling

    23rd July 2014

    Many individuals and businesses were forced by banks to buy SWAP products as a condition of obtaining loans. Many of those products were mis-sold and will be part of the current Review. The financial press report that the banks are now setting aside more funds than they have done for PPI claims. There were up to 40,000 mis-sold products – this problem is huge.

    ....

    News

    Mortgage Repossession: Disposing of everything left behind.

    7th July 2014

    The Court of Appeal has just considered the duties of a mortgage company when dealing with a mortgagor's personal possessions left in a property after repossession.

    ....

    News

    Financial benefit is broader than profit when imposing a fine for failing to comply with an enforcement notice.

    1st July 2014

    On 14 January 2013 Mr Smith was fined £250,000 for breaches of s179(5) of the Town and Country Planning Act 1990 (one of the highest fines ever made against an individual for this offence).

    ....

    Case

    McIntosh v McIntosh (deceased) [2014] EWCA Civ 557

    1st May 2014

    Mrs McIntosh was the sole owner of a property where she had lived for many years with her ex-husband. Possession proceedings brought by her estate were resisted by him on the basis of a beneficial interest by way of constructive trust or proprietary estoppel.

    ....

    News

    Mental Health Act 1983 Code of Practice must change.

    3rd April 2014

    The Court of Appeal has just decided an important issue about AMHP consultation with a nearest relative prior to 'sectioning' under section 11(4) Mental Health Act 1983

    ....

    Case

    Smith v Doncaster Metropolitan Borough Council [2014] EWCA Civ 16

    14th March 2014

    9 month committal sentence for breach of planning law upheld even where contempt or no longer in control of the land so no longer any coercive element to sentence. Legal press comment on original sentence

    ....

    News

    Simpson & Ors (t/a Harrow Solicitors and Advocates v Godson & Ors [2013] EWCA Civ 1339

    14th November 2013

    Costs order successfully appealed where summary judgment against property owning wife was only partially successful but full costs had been awarded against appellant.

    ....

    Case

    Dunbar Assets PLC v Dorcas Holdings Ltd [2013] EWCA Civ 864, [2013] All ER (D) 159 (Jul)

    12th July 2013

    A lender held loans secured on a property owned by a borrower company. Acting for partner of director and tenant. The trial judge was satisfied that there was nothing in the defences granted a possession order without a trial nor hearing any submissions. The Court of Appeal set the order aside because it was unjust because of a serious procedural irregularity.

    ....

    News

    Doncaster MBC v Winstanley [2013] EWHC (QB) [2013] All ER (D) 131 (Jul)

    8th July 2013

    Committal proceedings where acting for farmer who had already been fined £250,000 for breach of enforcement notices. The High Court imposed a 12 month sentence, suspended only if the site....

    Case

    Loveridge v Lambeth LBC [2013] EWCA Civ 494

    10th May 2013

    Statutory damages under s.28 Housing Act 1988 are available against a secure tenant but conversion of tenancy to assured tenancy on sale means no actual damages. The appeal in the Supreme....

    Case

    Ali v Khan BM20293CH Chancery Division April 2013

    14th April 2013

    Successfully resisted appeal against adverse possession finding. Legal owner removed from the Register.....

    Case

    R(George) v Hammersmith and Fulham LBC C1/2012/1122

    28th February 2013

    Appeal dismissed by consent on provision of introductory tenancy to failed successor....

    Case

    Islington LBC v Doner [2012] EWCA Civ 1745

    20th December 2012

    Appeal dismissed by consent on provision of secure tenancy to failed successor who was vulnerable and not under-occupying normal accommodation. Please click here to see the Practitioner Comment....

    Case

    R(George) v Hammersmith and Fulham LBC [2012] EWHC 2369 (Admin)

    14th March 2012

    Authority's Allocation Policy was a threshold to considering the grant of a discretionary tenancy to a failed successor rather than a gateway into the remainder of the Allocation policy. Authority's....

    News

    Flynn v Basildon DC [2011] EWHC (QBD) (IHQ/11/0611)

    31st August 2011

    The Claimant was a 72-year-old resident of a site at Dale Farm in breach of planning law. The council proposed to carry out a direct action eviction. She brought a claim for breach of the Human Rights Act 1998 and sought an interim injunction to prevent the eviction. The High Court refused the injunction but granted a temporary stay for 7 days to allow the council to review the latest medical evidence about the claimant.

    ....

    Case

    Flynn v Basildon DC [2011] EWHC (QBD) (IHQ/11/0611)

    31st August 2011

    The Claimant was a 72-year-old resident of a site at Dale Farm in breach of planning law. The council proposed to carry out a direct action eviction. She brought a....

    Case

    R (otao Diep) v Land Registry [2010] EWHC 3315 (Admin)

    3rd December 2010

    Adverse possession. The Claimant was a registered proprietor of building and land. The Claimant had used the rear land for storage - On an application for registration of land on....

    Case

    Henley v Bloom [2010] EWCA Civ 202

    9th March 2010

    Earlier possession proceedings had been compromised by consent, refurbishment works were undertaken. The Court of Appeal held, in the successful appeal against a new disrepair claim being struck out, that....

    Case

    R (otao McIntyre) v Gentoo Group Ltd [2010] EWHC 5 (Admin)

    4th January 2010

    Admin Court finding that landlord's refusal to consent to a mutual exchange because of rent arrears on an unrelated property was unreasonable, a breach of contract and to that extent....

    Case

    Brentwood BC v Ball & Others [2009] EWHC 2433 (QB)

    8th October 2009

    Although the Gypsy defendants were living on their land in breach of planning law it would not be proportionate to grant an injunction under s.187B Town and Country Planning Act....

    Case

    R (otao Ogbeni) v London Borough of Tower Hamlets [2008] EWHC 2444 (Admin)

    8th August 2008

    Where a full housing duty is owed to a 16 or 17 year old it is also owed to family members who were residing or would be reasonably expected to....

    Case

    Floyd v S (Equality and Human Rights Commission, intervening) [2008] EWCA Civ 201

    18th March 2008

    A court does not need to adjourn possession proceedings brought on mandatory grounds for consideration of a Disability Discrimination Act 1995 defence without sufficient evidence of the alleged disability and....

    Case

    Richardson v Midland Heart Ltd [2008] L&TR 31

    14th March 2008

    Shared ownership - no beneficial interest in the freehold when 99 year tenancy terminated under Ground 8, Sch.2 HA 1988 - even when 50% market value paid. Click here to see....

    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

    Seminar - Defending disrepair

    25th April 2018

    1

    Aimed at all freeholders, including social landlords, this seminar will provide an overview of the basic principles underlying disrepair claims, and when to defend them. Michael Paget and Ryan Kohli of....