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Philip Kolvin

Riccardo Calzavara

Called
2013
Telephone
020 7242 4986
Clerk
Sam Collins
CV
Email

Riccardo advises, drafts, and represents clients of all types in all of Chambers' core practice areas. He specialises in particular in public law and judicial review, housing and homelessness, and property law.

He is ranked as a "rising star" in the Chambers & Partners directory of highly-rated barristers. He was nominated for the Young Pro Bono Barrister of the Year award in October 2018.

Riccardo advises, drafts, and represents clients of all types in all of Chambers' core practice areas. He specialises in particular in public law and judicial review, housing and homelessness, and property law.

He is ranked as a "rising star" in the Chambers & Partners directory of highly-rated barristers. He was nominated for the Young Pro Bono Barrister of the Year award in October 2018. He is qualified to accept instructions on a Public Access basis directly from members of the public, organisations, and companies without the need for an intermediary solicitor.

In addition to his usual practice, he assists unrepresented litigants on a pro bono basis in making and/or opposing applications in the Chancery Division of the High Court through the Chancery Bar Litigant in Person Support Scheme (CLIPS) and in making oral applications for permission to appeal to the Court of Appeal through the Court of Appeal Permission to Appeal Scheme (COAS). 

Clients describe Riccardo as an "enthusiastic" and "terrific barrister" who "works in partnership with [them] throughout the case" and who is happy to "take the lead". He "give[s] a very professional service", is "very attentive to detail", and produces "well-argued skeleton arguments". Riccardo's "written and oral advocacy is persuasive, and he wins over judges easily, even in cases which seem un-winnable".

Judges have lauded his "very careful submissions" (HS (Bangladesh) v SSHD [2018] EWCA Civ 446),  commended the "extraordinary helpful way" in which he puts his case (UBT Pty Ltd v Moffitt [2017] EWHC 3251 (Ch)), and described him as presenting his submissions "with skill and moderation" (Ali v SSHD [2018] EWCA Civ 2220.

"He is very good technically, highly approachable and good with clients." "Efficient and thorough, he's able to absorb significant amounts of information swiftly and provide balanced advice with a view to the overall aim of the litigation." Chambers and Partners 2019

Overview

Riccardo has extensive experience in public law claims. He acts for and against public bodies in matters relating to all of Chambers' core practice areas, particularly in judicial review claims, housing and homelessness matters, and property law. He regularly advises and appears in claims for judicial review and associated applications, including on an interim basis.

He has recently been instructed in the High Court and Court of Appeal in applications under s.222 Local Government Act 1972, in judicial review claims arising out of local authorities' homelessness function, and in immigration appeals from the Upper Tribunal (Immigration and Asylum Chamber).

Recent cases

  • Ali v SSHD [2018] EWCA Civ 2220 – the words "time spent... studying" within the Immigration Rules were to be determined solely by reference to the dates contained in the Certificate of Acceptance for Studies, and did not require consideration of the time actually spent studying (sole counsel).
  • Birmingham CC v Ditta, High Court (QBD), 3 April 2018 (unreported) – a contemnor who knew that an injunction existed could not mount a defence to an application for his committal on the basis that he did not know what it restrained him from doing because he had not acquainted himself with its terms (sole counsel).
  • R (Davis) v Watford BC [2018] EWCA Civ 529; [2018] 1 WLR 3157 – where a homeless person appeals under s.204 Housing Act 1996 against the authority's s.184 decision because they have not notified him of their s.202 review decision within the prescribed time, the appropriate means of challenging any refusal to extend interim accommodation is by way of judicial review, not by s.204A appeal (junior counsel).
  • HS (Bangladesh) v SSHD [2018] EWCA Civ 446 – permission to appeal granted to consider whether it is permissible to introduce a test of sufficiency in determining whether a family life exists, within the meaning of art.8 ECHR (sole counsel).
  • R (Davis) v Watford BC [2016] EWHC 4155 (Admin) – at a judicial review claim permission hearing, that pending a s.204 appeal against an authority's s.184 decision (in the absence of a s.202 review decision), the applicant could bring a s.204A appeal seeking accommodation notwithstanding their being "no decision on a review" (sole counsel).
  • R (Edwards) v Birmingham CC [2016] EWHC 173 (Admin); [2016] HLR 11 – the local authority's homelessness function did not contain the alleged systemic gatekeeping practices (second junior counsel).

Cases

Court of Appeal rejects challenges to out-of-area placements
06.12.2018

Adam v Westminster CC; Brent LBC v Alibkhiet [2018] EWCA Civ 2742

....

News

Riccardo Calzavara nominated for Young Pro Bono Barrister of the Year
10.10.2018
We are proud to announce that Riccardo Calzavara has been nominated as Young Pro Bono Barrister of the Year for the Bar Pro Bono Awards 2018. We wish Riccardo good luck for the award....

Court of Appeal considers the Immigration Rules
10.10.2018
The Court of Appeal has transcribed (on 9 October 2018) its judgment in an immigration appeal heard on 27 June 2018. The court had been asked to determine what "time....

Riccardo Calzavara joins Cornerstone Barristers
04.06.2018
Cornerstone Barristers is delighted to announce that Riccardo Calzavara has joined us from Arden Chambers. Riccardo specialises in public law and judicial review, housing, property, and local government. He was called....

Overview

Riccardo has experience of the whole range of housing law matters at first instance and on appeal. He is frequently instructed in claims for possession and subsequent applications for occupiers' eviction; claims relating to tenancy deposits, disrepair, and unlawful eviction; and claims including allegations of discrimination and failure to make reasonable adjustments under the Equality Act 2010. He regularly appears before High Court, Circuit, and District judges.

He is regularly instructed in homelessness appeals under ss.204-204A Housing Act 1996 and related judicial review claims, including on an urgent basis and out of hours before the High Court duty judge.

He also accepts instructions on behalf of all parties in matters relating to antisocial behaviour. He appears in ex parte and on notice proceedings under the Anti-social Behaviour, Crime and Policing Act 2014, in gang injunction applications under the Policing and Crime Act 2009, and in all types of committal proceedings. He was seconded to a local authority in the West Midlands for five months and to a private registered provider of social housing in London for two months, bolstering his experience at the injunction and committal stages.

In addition to appearing in reported cases in his own right (see below), he has assisted in leading cases in this area including Loveridge v Lambeth LBC [2014] UKSC 65; [2014] 1 WLR 4516, Haile v Waltham Forest LBC [2015] UKSC 34; [2015] AC 1471, Hussain v Waltham Forest LBC [2015] EWCA Civ 14; [2015] 1 WLR 2912, Sanneh v SSWP [2015] EWCA Civ 49; [2016] QB 455, Nicholas v SSD [2015] EWCA Civ 53; [2015] 1 WLR 2116, Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 780; [2016] PTSR 289, and Southward Housing Co-operative Ltd v Walker [2015] EWHC 1615 (Ch); [2016] Ch 443.

He drafted the applications to the European Court of Human Rights in Sims v UK (12786/15), Nwabudike v UK (22985/15), Hussain v UK (23780/15), Huzrat v UK (34572/15), Nicholas v UK (39061/16), Saleem v UK (54019/16), Watts v UK (72974/17), Davies v UK (76761/17), Mayo v UK (76791/17), and Holley v UK (26439/18), and the petitions to the Supreme Court in Huzrat v Hounslow LBC (UKSC/2014/0265), Saleem v Wandsworth LBC (UKSC/2015/0253), Watts v Stewart (UKSC/2017/0018), and Holley v Hillingdon LBC (UKSC/2017/0226). He was instructed in Habte v Westminster CC (B5/2016/2994), Mayo v Genesis Housing Association Ltd (B5/2016/2994), Lynch v St Albans CDC (B5/2017/1500), Maloney v Hertsmere BC (B5/2017/2090), and Gentry v Watford BC (CO/4609/2017) prior to their settlement.

Recent cases

  • Brent LBC v Alibkhiet [2018] EWCA Civ 2742 – authorities are not required to search for accommodation over a number of days before concluding that it is not reasonably practicable to secure any in-borough (junior counsel).
  • Kamara v Southwark LBC [2018] EWCA Civ 1616; [2018] HLR 37 – there is no requirement upon an authority to specifically inform an applicant for homelessness assistance that he can make his review representations at a face-to-face meeting (junior counsel).
  • Davies v Hertfordshire CC [2018] EWCA Civ 379; [2018] 1 WLR 4609 – it is permissible to raise a defence to a claim for possession under s.11 Children Act 2004, notwithstanding the lack of a private law right to possession (junior counsel).
  • Panayiotou v Waltham Forest LBC [2017] EWCA Civ 1624; [2018] 2 WLR 1439 – when deciding whether a person is "significantly" more vulnerable, for the purposes of determining whether he has a priority need for housing, it is necessary to apply the word in a qualitative, not quantitative, sense (first junior counsel).
  • Bucknall v Dacorum BC [2017] EWHC 2094 (QB); [2017] HLR 40 – it is a question of fact whether accommodation occupied by a person following the authority's acceptance of the full housing duty, but prior to the discharge of that duty, is occupied "as a dwelling" (junior counsel).
  • Trindade v Hackney LBC [2017] EWCA Civ 942; [2017] HLR 37 – an applicant will not be unaware of a relevant fact, within the meaning of the intentional homelessness provisions, if he is unaware of some future possibility; he must be unaware of some current fact (junior counsel).
  • Hertfordshire CC v Davies [2017] EWHC 1488 (QB); [2017] 1 WLR 4395 – the differential treatment between service occupiers and other tenants of local authorities is objectively justifiable, falling within the wide margin of appreciation afforded to Parliament, so that their exclusion from security of tenure does not give rise to unlawful discrimination within the meaning of art.14 ECHR (junior counsel).
  • Watts v Stewart [2016] EWCA Civ 1247; [2018] Ch 423 – the longstanding exclusion of almspersons from security of tenure fairly balances their interests against those of the charity, so that it does not give rise to unlawful discrimination within the meaning of art.14 ECHR (second junior counsel).
  • Holley v Hillingdon LBC [2016] EWCA Civ 1052; [2017] PTSR 127 – the period of a person's residence, however long, will not be sufficient on its own to found a proportionality defence, within the meaning of art.8 ECHR, in the second succession context (junior counsel).

Cases

Court of Appeal rejects challenges to out-of-area placements
06.12.2018

Adam v Westminster CC; Brent LBC v Alibkhiet [2018] EWCA Civ 2742

....

News

Riccardo Calzavara nominated for Young Pro Bono Barrister of the Year
10.10.2018
We are proud to announce that Riccardo Calzavara has been nominated as Young Pro Bono Barrister of the Year for the Bar Pro Bono Awards 2018. We wish Riccardo good luck for the award....

Homelessness Reduction Act 2017: six months on
26.09.2018
By Riccardo Calzavara The statutory scheme in England for homelessness assistance has been contained in Part 7 Housing Act 1996 ("HA 1996") since it came into force on 20 January....

Riccardo Calzavara joins Cornerstone Barristers
04.06.2018
Cornerstone Barristers is delighted to announce that Riccardo Calzavara has joined us from Arden Chambers. Riccardo specialises in public law and judicial review, housing, property, and local government. He was called....

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....

Overview

Riccardo accepts instructions from residential and commercial landlords and tenants in the High Court, Upper Tribunal (Lands Chamber), County Court, and First-tier Tribunal (Property Chamber). He is particularly interested in matters involving Airbnb and other such short-lettings services on which he has written a number of articles (see below).

He advises and represents clients in housing enforcement matters under the Housing Act 2004 and in Environmental Protection Act 1990 cases, including in prosecuting and defending criminal proceedings. He also accepts instructions in matters relating to rent repayment orders, tenancy deposits, management orders, and social housing fraud (particularly where there is an Airbnb element).

Recent cases

  • Universal Business Team Pty Ltd v Moffitt [2017] EWHC 3251 (Ch) – where a search order had been deliberately thwarted in a number of ways, such that a serious contempt of court had been committed, the minimum appropriate sentence was an immediate custodial sentence of 14 months (sole counsel).
  • Leaseholders of Foundling Court and O'Donnell Court v Camden LBC [2016] UKUT 366 (LC); [2017] L&TR 7 – the statutory obligation under s.20 Landlord and Tenant Act 1985 to consult in respect of qualifying works falls on the landlord who intends to carry out the works, not on an intermediate landlord (junior counsel).

News

Riccardo Calzavara nominated for Young Pro Bono Barrister of the Year
10.10.2018
We are proud to announce that Riccardo Calzavara has been nominated as Young Pro Bono Barrister of the Year for the Bar Pro Bono Awards 2018. We wish Riccardo good luck for the award....

Riccardo Calzavara joins Cornerstone Barristers
04.06.2018
Cornerstone Barristers is delighted to announce that Riccardo Calzavara has joined us from Arden Chambers. Riccardo specialises in public law and judicial review, housing, property, and local government. He was called....

Riccardo's publications

27th September 2018

Assistant Editor

  • Assistant Editor, Encyclopedia of Housing Law and Practice, (Local Government Library, Sweet & Maxwell) (January 2016 - June 2018).

Articles

Podcasts / Webinars

  • Housing Law Practitioners Association (HLPA) 
  • Social Housing Law Association (SHLA)
  • Constitutional and Administrative Law Bar Association (ALBA)

Case

Court of Appeal rejects challenges to out-of-area placements

6th December 2018

Adam v Westminster CC; Brent LBC v Alibkhiet [2018] EWCA Civ 2742

....

News

Riccardo Calzavara nominated for Young Pro Bono Barrister of the Year

10th October 2018

We are proud to announce that Riccardo Calzavara has been nominated as Young Pro Bono Barrister of the Year for the Bar Pro Bono Awards 2018. We wish Riccardo good luck for the award....

News

Court of Appeal considers the Immigration Rules

10th October 2018

The Court of Appeal has transcribed (on 9 October 2018) its judgment in an immigration appeal heard on 27 June 2018. The court had been asked to determine what "time....

News

Homelessness Reduction Act 2017: six months on

26th September 2018

By Riccardo Calzavara The statutory scheme in England for homelessness assistance has been contained in Part 7 Housing Act 1996 ("HA 1996") since it came into force on 20 January....

News

Riccardo Calzavara joins Cornerstone Barristers

4th June 2018

Cornerstone Barristers is delighted to announce that Riccardo Calzavara has joined us from Arden Chambers. Riccardo specialises in public law and judicial review, housing, property, and local government. He was called....

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....