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

Richard Hanstock

Called
2012
Telephone
020 7242 4986
CV
Email

Richard is developing a versatile practice which includes a range of practice areas: housing, planning, licensing, property, local authority governance and services, public law, and regulatory law.

He advises private companies, individuals, and public authorities.

Richard is developing a versatile practice which includes a range of practice areas: housing, planning, licensing, property, local authority governance and services, public law, and regulatory law.

He advises private companies, individuals, and public authorities.

Richard has particular expertise in tenancy fraud, planning enforcement proceedings, confiscation matters, licensing appeals and regulatory proceedings.

A PhD researcher at the University of Cambridge, Richard took a First in Law from the LSE followed by an MPhil from Cambridge, graduating at the top of his class.

Having completed a pupillage in criminal and regulatory law, Richard has significant experience in trial advocacy and contested applications. This background makes Richard particularly suited to advise on contested cases, especially those involving dishonesty, vulnerability, investigative powers or criminal wrongdoing.

Richard has first-hand experience of the duties and pressures faced by public authorities, having spent time on secondment to local authorities, social landlords and licensing authorities. He enjoys advising on the exercise of public duties, drawing upon his experience as a police officer to identify legal and evidential difficulties before they arise, offering practical and accessible advice.

Overview

Richard has experience of working for landlords and tenants across a wide range of housing law issues, including social housing fraud, anti-social behaviour, unlawful evictions, closure orders, injunctions, committal applications, and improvement notices.

Richard is able to offer a full service to housing professionals and tenants across the civil and criminal courts, taking particular pride in drafting notices, pleadings, advices, summonses and skeleton arguments as well as in his oral advocacy.

Having spent time seconded to social landlords, Richard has a front-line insight into the pressures faced by public authorities in this area, and values the opportunity to see cases through from beginning to end.

Richard has particular strengths in housing fraud, owing to his police experience in fraud investigation. He has civil and criminal experience in unlawful subletting and benefit fraud cases, and has acted in cases involving unlawful profit orders and confiscation proceedings. Richard has similar experience in succession and abandonment claims.

Recently, Richard has produced skeleton arguments challenging prosecutions brought in default of housing notices, persuading the prosecution to withdraw proceedings altogether on evidential or public interest grounds. Richard regularly contributes to seminars and publications on housing law matters. He wrote a paper on investigating housing fraud for the last Cornerstone Housing Day and writes for the quarterly Cornerstone Housing Newsletter.

Particular experience includes:

  • Succeeded at trial in defeating a fraudulent succession claim in possession proceedings brought by a social landlord.
  • Experience of claims raising issues of litigation capacity and specific capacity, with a particular focus on public authorities' policies and duties towards vulnerable tenants.
  • Advised on charge, drafted pleadings and provided representation in dishonest subletting cases under the Prevention of Social Housing Fraud Act 2013, in civil and criminal courts.
  • Achieved the first Unlawful Profit Order obtained by a prominent housing association in a subletting case.
  • Advice and representation in possession proceedings against non-secure tenants accommodated under homelessness duties, including pleadings, advice on merits, and advice on policy.
  • Appealed against possession order in a homelessness case involving reviews under sections 202 and 204 Housing Act 1996.
  • Obtained the first anti-social behaviour injunction ordered by Leicester County Court under the 2014 Act.
  • Successfully appeared in various inter partes, ex parte and interim injunction cases under the ASBCPA 2014 and other legislation.
  • Acted for a tenant raising Equality Act, Care Act and Disability Discrimination Act defences in proceedings for an anti-social behaviour injunction.
  • Research in litigation involving out-of-borough placements by local authorities in pursuit of homelessness duties.

Cases

Social housing fraud and ‘dishonesty’
26.10.2017

Social housing fraud and 'dishonesty'

....

London Borough of Waltham Forest v Tuitt: When is a house not a house?
14.11.2016
In the prosecution of three offences under Part 3 of the Housing Act 2004, Thames Magistrates' Court has held that each of the flats in a converted mid-terrace house is....

High Court applies Denton principles in Council Tax Reduction appeal
09.05.2016

In Turner v South Cambridgeshire DC [2016] EWHC 1017 (Admin), the Administrative Court dismissed an appeal against a decision by the Valuation Tribunal for England to uphold a decision by a Council officer to cease to award Council Tax Reduction, following a failure by Mr Turner to comply with what was found to be a reasonable request for information within the terms of its reduction scheme.

....

News

Supreme Court overhauls dishonesty test
25.10.2017

Supreme Court overhauls dishonesty test

....

Property Law Journal - When is a "Part 3 house" not a house?
02.10.2017
In an article for Property Law Journal, Richard Hanstock looks at the issues surrounding selective licensing schemes and discusses a recent unreported decision. Click here to read the article. This article was....

Estates Gazette - A vexed question
22.02.2017
Richard Hanstock has co-authored an article with Anna Ralston of Nabarro LLP for Estates Gazette. The article considers selective licensing and the issues associated with a Part 3 house.....

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....

Practical Law - Anti-Social Behaviour
10.02.2016
Richard Hanstock has contributed to two notes for Practical Law on the Anti-social Behaviour, Crime and Policing Act 2014. The first note looks at civil injunctions introduced under Part 1 of....

Cornerstone Barristers Housing Newsletter - July 2015
23.07.2015
The latest Cornerstone Barristers Housing Newsletter includes...

  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Events

    Anti-social behaviour update
    01.11.2017

    1
    Tickets are now available for the Cornerstone Barristers Anti-social behaviour update taking place in London on Wednesday 1st November. At this seminar, Kuljit Bhogal, Richard Hanstock and Tara O'Leary will consider....

    Overview

    Richard has considerable knowledge of licensing matters having spent time on secondment to both licensing authorities and a leading firm of licensing solicitors. He acts for both applicants and authorities in a range of licensing areas.

    Richard's experience encompasses premises licensing (vertical drinking, public houses, restaurants, hotels, off licences and festivals), taxi licensing, sexual entertainment venues, tables & chairs, street trading, and house-to-house collection licences. In a national context, Richard has been seconded to the Gambling Commission, affording him a valuable insight into gaming regulation and remote betting operator licensing in particular.

    Richard accepts instructions to appear in courts of all levels, as well as at committee meetings and tribunal hearings. Drawing on his experience as a police officer, Richard is able to give practical advice on how best to prepare a case for hearing, as well as on the merits of further appeal.

    Richard has worked to train local councillors on their powers and duties in taxi licensing appeals, and recently contributed to a 'ready reference' guide to reforms to regulated entertainment.

    Cases

    Fabric
    22.11.2016
    The world-famous nightclub Fabric is once again to open its doors. The club was closed in September by Islington Council, as a result of deaths from drug overdoses at the club,....

    News

    Betting industry bracing over new government consultation on gambling
    31.10.2017

    Betting industry bracing over new government consultation on gambling

    ....

    Cornerstone Leisure Newsletter May 2017
    24.05.2017
    The Cornerstone Leisure Newsletter includes... Editor's Note - Josef Cannon Leisure development in the Green Belt – not all fun and games? - Martin Edwards Licensing Uber: Better the devil you know?....

    Parliamentary Inquiry into Prostitution
    21.03.2016
    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....

    Events

    IoL: Now & Next Training in Bristol
    25.05.2017


    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....

    IoL: Now & Next Training in London
    18.05.2017

    1
    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....

    IoL: Now & Next Training in Manchester
    16.05.2017


    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....

    Overview

    Richard has been involved in a number of planning law matters, particularly in relation to planning enforcement, on behalf of local authorities, landowners, objectors and developers. His experience spans enforcement notices, injunctions, prosecutions, and confiscation proceedings.

    Richard has assisted with reviewing chapters of Cornerstone on the Planning Court. He has an active interest in the merits of planning decisions and continues to build on his exposure to planning law during pupillage.

    Recent experience includes:

    • Enforcement notices, stop notices and injunctions under sections 172, 183 and 187B of the Town and Country Planning Act 1990.
    • Prosecuted a 5-handed planning enforcement matter, advising on merits, drafting summons and a skeleton argument, achieving convictions at first instance and appearing in confiscation proceedings.
    • Advice on review of six-figure confiscation order following breaches of planning control.
    • Noting brief in a Planning Court appeal related to development affecting a listed building.
    • Research for leading counsel on preclusive provisions in a judicial review of a draft local plan.
    • Experience of the use of Grampian conditions to mitigate development affecting the integrity of a protected site in compliance with the Habitats Regulations.
    • Research on points of law relating to town and village greens and local heritage sites.
    • Considered the interpretation of planning permissions dating back to the 1950s and '60s.
    • Recently assisted Robin Green on a planning inquiry concerning joined appeals by gypsy travellers against refusal of permission for pitches in Green Belt sites, raising matters of policy and planning merits.
    • Assisted in an enforcement inquiry relating to the applicability of permitted development rights under the GPDO.

    News

    Cornerstone Leisure Newsletter May 2017
    24.05.2017
    The Cornerstone Leisure Newsletter includes... Editor's Note - Josef Cannon Leisure development in the Green Belt – not all fun and games? - Martin Edwards Licensing Uber: Better the devil you know?....

    LexisPSL: Errors in major public procurement projects
    23.05.2017
    Richard Hanstock has written an article for LexisPSL on the legal fallout from NDA v EnergySolutions EU Ltd. Richard analyses the background to the dispute and looks at the terms....

    Hertsmere flytippers given suspended prison sentence
    13.03.2017
    Hertsmere Borough Council has successfully brought a prosecution against two fly tippers who were filmed on CCTV dumping large amounts of waste. Richard Hanstock was instructed by the Council. The case is....

    Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
    31.05.2016
    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    Overview

    Richard has an active interest in judicial review claims and is able to advise on public law challenges in a range of contexts.

    Richard has assisted with advice on a judicial review of the Cabinet Office relating to a licensing decision, and on reviews of decisions taken on homelessness applications.

    Richard's local government experience spans a range of sectors including real property, highways, traffic regulation, and infrastructure. His experiences on secondment to local authorities equip him well to understand the competing priorities and political dimensions that shape Council decision-taking.

    During pupillage he assisted with advice to a local authority on a contentious issue arising from a conflict between its duties to a leaseholder and its responsibility to preserve a vibrant cultural establishment. He assisted with advice to a Borough Council on to the extent to which it can compel the highway authority to make traffic regulation orders, and on the legal consequences of breaching of a long-standing but informal arrangement with a private company. Richard also conducted research behind Westlaw Insight articles on a range of topics in the local government sphere.

    Owing to his PhD research in computers and law, Richard is particularly well-placed to advise on freedom of information and data protection requests to public authorities, as well as breaches of data security and privacy.

    Cases

    High Court applies Denton principles in Council Tax Reduction appeal
    09.05.2016

    In Turner v South Cambridgeshire DC [2016] EWHC 1017 (Admin), the Administrative Court dismissed an appeal against a decision by the Valuation Tribunal for England to uphold a decision by a Council officer to cease to award Council Tax Reduction, following a failure by Mr Turner to comply with what was found to be a reasonable request for information within the terms of its reduction scheme.

    ....

    News

    Estates Gazette - A vexed question
    22.02.2017
    Richard Hanstock has co-authored an article with Anna Ralston of Nabarro LLP for Estates Gazette. The article considers selective licensing and the issues associated with a Part 3 house.....

    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....

    Parliamentary Inquiry into Prostitution
    21.03.2016
    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....

    Practical Law - Anti-Social Behaviour
    10.02.2016
    Richard Hanstock has contributed to two notes for Practical Law on the Anti-social Behaviour, Crime and Policing Act 2014. The first note looks at civil injunctions introduced under Part 1 of....

    Cornerstone Barristers Housing Newsletter - July 2015
    23.07.2015
    The latest Cornerstone Barristers Housing Newsletter includes...

  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Overview

    Richard has experience of a range of property law issues including adverse possession, forfeiture, service charges, leasehold enfranchisement, sale of land, and derogations from grant.

    Richard is able to bring his understanding of planning, licensing and public law to property litigation. During his pupillage, Richard worked with Ranjit Bhose QC and Jon Holbrook on a number of property matters, with a particular focus on local authority duties towards leaseholders and licensees.

    Recent experience includes:

    • Advice and representation in forfeiture claim by commercial landlord under threat of planning enforcement proceedings.
    • Advice on recovery of overpaid service charges by leaseholder facing limitation issues.
    • Acted for tenant seeking to enfranchise, achieving an order under section 39 of the 1993 Act.

    Cases

    Fabric
    22.11.2016
    The world-famous nightclub Fabric is once again to open its doors. The club was closed in September by Islington Council, as a result of deaths from drug overdoses at the club,....

    News

    Cornerstone Leisure Newsletter May 2017
    24.05.2017
    The Cornerstone Leisure Newsletter includes... Editor's Note - Josef Cannon Leisure development in the Green Belt – not all fun and games? - Martin Edwards Licensing Uber: Better the devil you know?....

    Overview

    Richard has experience of advising on, bringing and resisting appeals against decisions taken by a range of national and local public authorities, including the Cabinet Office, the Metropolitan Police Service, the Driver and Vehicle Licensing Agency and the Security Industry Authority. He has acted in environmental health matters and has an active interest in health and safety prosecutions: during pupillage he wrote an advice on conflicts of interest in fire safety prosecutions, and assisted with the environmental health prosecution of a tattoo parlour.

    Richard has extensive experience of police discipline proceedings brought by the Metropolitan Police Service, British Transport Police and Kent Police, as well as related criminal proceedings. He has contributed to the upcoming second edition of Beggs and Davies on Police Misconduct, Complaints and Public Regulation, the main textbook in the police misconduct arena. He draws on insight from his experience as a police officer to provide informed advice on police powers, culture and policy.

    LexisPSL: Errors in major public procurement projects

    23rd May 2017

    Richard Hanstock has written an article for LexisPSL on the legal fallout from NDA v EnergySolutions EU Ltd. Richard analyses the background to the dispute and looks at the terms of the independent inquiry which has been launched into the flawed public procurement procedure.

    Click here to view the article.

    Practical Law - Anti-Social Behaviour

    10th February 2016

    Richard Hanstock has contributed to two notes for Practical Law on the Anti-social Behaviour, Crime and Policing Act 2014.

    The first note looks at civil injunctions introduced under Part 1 of the Act and considers the procedural issues associated with applying for injunctions, breach and appealing against an injunction.

    The second note looks at criminal behaviour orders introduced under Part 2 of the Act.

    News

    Betting industry bracing over new government consultation on gambling

    31st October 2017

    Betting industry bracing over new government consultation on gambling

    ....

    Case

    Social housing fraud and ‘dishonesty’

    26th October 2017

    Social housing fraud and 'dishonesty'

    ....

    News

    Supreme Court overhauls dishonesty test

    25th October 2017

    Supreme Court overhauls dishonesty test

    ....

    News

    Property Law Journal - When is a "Part 3 house" not a house?

    2nd October 2017

    In an article for Property Law Journal, Richard Hanstock looks at the issues surrounding selective licensing schemes and discusses a recent unreported decision. Click here to read the article. This article was....

    News

    Cornerstone Leisure Newsletter May 2017

    24th May 2017

    The Cornerstone Leisure Newsletter includes... Editor's Note - Josef Cannon Leisure development in the Green Belt – not all fun and games? - Martin Edwards Licensing Uber: Better the devil you know?....

    News

    LexisPSL: Errors in major public procurement projects

    23rd May 2017

    Richard Hanstock has written an article for LexisPSL on the legal fallout from NDA v EnergySolutions EU Ltd. Richard analyses the background to the dispute and looks at the terms....

    News

    Hertsmere flytippers given suspended prison sentence

    13th March 2017

    Hertsmere Borough Council has successfully brought a prosecution against two fly tippers who were filmed on CCTV dumping large amounts of waste. Richard Hanstock was instructed by the Council. The case is....

    News

    Estates Gazette - A vexed question

    22nd February 2017

    Richard Hanstock has co-authored an article with Anna Ralston of Nabarro LLP for Estates Gazette. The article considers selective licensing and the issues associated with a Part 3 house.....

    Case

    Fabric

    22nd November 2016

    The world-famous nightclub Fabric is once again to open its doors. The club was closed in September by Islington Council, as a result of deaths from drug overdoses at the club,....

    Case

    London Borough of Waltham Forest v Tuitt: When is a house not a house?

    14th November 2016

    In the prosecution of three offences under Part 3 of the Housing Act 2004, Thames Magistrates' Court has held that each of the flats in a converted mid-terrace house is....

    News

    Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016

    31st May 2016

    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    Case

    High Court applies Denton principles in Council Tax Reduction appeal

    9th May 2016

    In Turner v South Cambridgeshire DC [2016] EWHC 1017 (Admin), the Administrative Court dismissed an appeal against a decision by the Valuation Tribunal for England to uphold a decision by a Council officer to cease to award Council Tax Reduction, following a failure by Mr Turner to comply with what was found to be a reasonable request for information within the terms of its reduction scheme.

    ....

    News

    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....

    News

    Practical Law - Anti-Social Behaviour

    10th February 2016

    Richard Hanstock has contributed to two notes for Practical Law on the Anti-social Behaviour, Crime and Policing Act 2014. The first note looks at civil injunctions introduced under Part 1 of....

    News

    Cornerstone Barristers Housing Newsletter - July 2015

    23rd July 2015

    The latest Cornerstone Barristers Housing Newsletter includes...
  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • EVENT

    Anti-social behaviour update

    1st November 2017

    1

    Tickets are now available for the Cornerstone Barristers Anti-social behaviour update taking place in London on Wednesday 1st November. At this seminar, Kuljit Bhogal, Richard Hanstock and Tara O'Leary will consider....

    EVENT

    IoL: Now & Next Training in Bristol

    25th May 2017

    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....

    EVENT

    IoL: Now & Next Training in London

    18th May 2017

    1

    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....

    EVENT

    IoL: Now & Next Training in Manchester

    16th May 2017

    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....