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Ryan is a specialist in the fields of planning, property and government immigration. He is acknowledged as a leading practitioner in these areas and has been appointed as Junior Counsel to the Crown (B Panel) with effect from 1 September 2017. Ryan has been listed in three separate practice areas in each of the last three years by the Chambers and Partners directory of highly rated barristers.
"Very succinct and gets to the point quickly. His written advice is very good and clients love him - he's charming." Chambers & Partners 2017
"A very focused and smart guy who is also enjoyable to deal with." "He is very clear and persuasive in the submissions he makes." Chambers & Partners 2016
"He's exemplary in terms of client care, trial preparation and advocacy skills - a polished service." Chambers & Partners 2016
"Truly impressive advocacy skills." Legal 500 2015
Ryan read law at Oxford University and was called to the bar in 2006, having achieved the outstanding grade in the Bar Vocational Course.
Appointments
March 2012: C Panel of Junior Counsel to the Crown
June 2015: Panel Counsel for the Metropolitan Police
September 2017: B Panel of Junior Counsel to the Crown
"An impressive advocate who provides good skeleton arguments in complex cases." "A very firm opponent." Chambers & Partners 2017
"Very succinct and gets to the point quickly. His written advice is very good and clients love him - he's charming." Chambers & Partners 2017
"A very focused and smart guy who is also enjoyable to deal with." "He is very clear and persuasive in the submissions he makes." Chambers & Partners 2016
"An effective oral advocate." Legal 500 2016
"He provides good, sound, commercial advice. He's very personable and a favourite with clients." Chambers & Partners 2016
"He's exemplary in terms of client care, trial preparation and advocacy skills - a polished service." Chambers & Partners 2016
In planning, the focus of Ryan's practice is on judicial review and statutory appeals brought under ss. 288 and 289 of the Town and Country Planning Act 1990 in the Higher Courts of England and Wales. He is listed as a leading junior in this area by Chambers and Partners. Ryan has also conducted numerous public inquiries on behalf of local planning and highway authorities and has advised on a wide range of planning issues. Examples of higher court work include:
Arnold v Secretary of State for Communities and Local Government [2017] EWCA Civ 231; [2015] EWHC 1197 (Admin)
Ryan acted on behalf of the Secretary of State as sole Counsel in the High Court and Court of Appeal in defending a s. 289 challenge to the decision of a planning inspector to uphold an enforcement notice requiring the demolition of an unlawfully constructed dwelling on the green belt. The case concerned, inter alia, the adequacy of the inspector's consideration of alternative schemes under Ground F and whether PD rights, once implemented under Class A, can survive the demolition of the dwellinghouse.
R (on the application of the Royal Borough of Kensington and Chelsea) v Secretary of State for Communities and Local Government [2016] EWHC 703 (Admin); [2015] EWHC 2458 (Admin)
Led by Philip Coppel Q.C., Ryan acted for the Secretary of State in two statutory appeals defending a challenge brought under s. 288 of the Town and Country Planning Act 1990. The cases turned, respectively, on the application of RBKC's recently adopted basement policy and the correct approach to Paragraph A.1(f) of the GPDO.
Fuller v Secretary of State for Communities and Local Government [2015] EWHC 142 (Admin)
Acted on behalf of the Secretary of State for Communities and Local Government in defending the grant of planning permission to develop a site near a tree with amenity value on a residential street. The Court upheld the inspector's conclusion that the tree provided amenity value, but that it was not an outstanding or unique specimen, and that the benefit of the proposed development would override any harm to the tree.
Ryan is instructed in complex and high profile social housing litigation and is listed as a leading junior in this area by Chambers and Partners and the Legal 500. He was sole Counsel for the successful Appellant in Thurrock Borough Council v West [2012] EWCA Civ 1435 which is the seminal authority on the scope of Article 8 defences in claims for possession. He also has particular expertise in claims defended on the basis of the Equality Act 2010 and other public law defences. He was also junior counsel in Hackney LBC v Haque [2017] EWCA Civ 7 which is the leading authority providing guidance on the role of the public sector equality duty in homelessness decisions.
He regularly provides advice and representation to registered providers and local authorities on all aspects of property and social housing including fire safety, the Water Resale Orders, leasehold disputes (including service charges) and judicial review for breach of statutory duty. He has represented successful Respondents in appeals against improvement notices, overcrowding notices and prohibition orders within the First Tier Tribunal (Property Chamber).
Ryan also successfully acts for private clients on commercial landlord and tenant matters, boundary disputes and Party Wall Act 1996 matters.
Government immigration
Ryan has a substantial Upper Tribunal, High Court and Court of Appeal practice acting for the Secretary of State for the Home Department in judicial review applications in the field of immigration and unlawful detention. He is listed as a leading junior in this area by Chambers and Partners. He has represented the Secretary of State in the Higher Court in:
R (on the application of FR (Albania) v Secretary of State for the Home Department [2016] EWCA Civ 605
This case is now a leading authority on the meaning of "clearly unfounded" within s. 94(3) of the Nationality, Immigration and Asylum Act 2002.
R (on the application of Rashidat) v Secretary of State for the Home Department, High Court, 4 November 2015
The claim for judicial review concerned whether the Secretary of State had correctly applied the "absence of ties" test within the Immigration Rules and her approach to the Claimant's Article 8 rights. Ryan successfully defended the Secretary of State's decision.
R (on the application of Neeraj Kumar) v Secretary of State for the Home Department [2014] EWCA Civ 652 and
On behalf of the Secretary of State, Ryan defeated the Claimant's judicial review challenge against her decision to administratively remove him pursuant to s. 10 Immigration and Asylum Act 1999. The case concerned whether the Secretary of State's officers had correctly adhered to her Enforcement and Instruction Guidance.
R (on the application of R) v Secretary of State for the Home Department [2014] EWHC 2018.
Ryan successfully defended the Claimant's claim for judicial review which alleged, inter alia, that the Secretary of State's policy on Humanitarian Protection was inconsistent with the Qualification Directive
Practice area - Local government
Ryan's practice covers wider local government work and he has experience in applications to revoke Debt Relief Orders, cases relating to the laws of markets and fairs and defended applications for liability orders for non-domestic rates. Ryan has represented local authorities in judicial review applications relating to non-domestic rates decisions including:
R. (on the application of Augustine Housing Trust) v Grays Magistrates' Court [2011] EWHC 699.
Since being called to the Bar, Ryan has built up significant experience in licensing and he is notable for his appearances before licensing committees on behalf of licensing authorities and applicants across all courts.
Ryan has acted on behalf of local authorities in appeals against revocations of taxi licenses and has advised on the lawfulness of proposed new requirements for hackney carriages and private hire vehicles.
Kalendar Onay v London Borough of Tower Hamlets
Appeared on behalf of the licensing authority: the case concerned non-duty paid alcohol and tobacco being found in licensed premises by officers of the HMRC. An application for a review was made by the Metropolitan Police. The licence was revoked by the licensing committee of the local authority. The licensee appealed on the basis that the committee erred in failing to take a "stepped approach". Ryan successfully argued that the appeal should be dismissed relying extensively on both the authority of Hope and Glory together with the statutory guidance in force at the time. The District Judge was persuaded that in the event of the seriousness of criminality demonstrated by the presence of smuggled alcohol and tobacco there was no need for the committee to adopt a "stepped approach".
Ryan has been published in the licensing field and has written a chapter in the 2nd Edition of "Licensed Premises" by Philip Kolvin Q.C. which concerns Equality and Diversity, Human Rights and Public Sector Duties in Licensing.
Ryan regularly appears in the following matters:
Ryan also advises on civil litigation matters and his drafted pleadings on behalf of claimants and defendants in a variety of matters.
Ryan has conducted trials in magistrates' courts in general criminal matters and has appeared on behalf of Ofcom in regulatory prosecutions against pirate radio operators. Ryan has also had experience of drafting indictments in health and safety prosecutions and has appeared in a number of interlocutory applications before judges in the Crown Court.
Ryan is regularly instructed in a variety of landlord and tenant work including:
2nd January 2017
Ryan was a sub-editor on 'Cornerstone on Anti-social Behaviour' and he edits the Case Summary section of the Journal of Planning and Environmental Law. Ryan also contributed to the latest edition of 'Licensed Premises' by Philip Kolvin QC.
1st September 2015
Edited by Philip Kolvin QC, Head of Cornerstone Barristers, and written by members of Chambers, Cornerstone on Councillors' Conduct identifies and explains the standards that govern the conduct of those elected to Local Government in England and Wales.
Contributors to Cornerstone on Councillors' Conduct include: James Findlay QC, Philip Coppel QC, Robin Green, Harriet Townsend, Wayne Beglan, Damien Welfare, Estelle Dehon, Ryan Kohli, Robert Williams, Emma Dring, Zoe Whittington, Jack Parker and Matt Lewin.
The book has been designed as a readable, practical guide for all those involved in local government, including officers, councillors, monitoring officers and lawyers.
With the foreword kindly contributed by Cllr David Sparks, the Chairman of the Local Government Association, topics considered within the guide include:
Reviews include:
Cornerstone Barristers has produced a "book which is not only extremely useful from a professional standpoint, but it is also eminently readable." It "is not just a handy reference book to Councillors' conduct: it is an indispensable guide and should be the first port of call when questions arise." James Button and Co-Bulletin
The publication"skilfully navigates its way through the dense and dangerous jungle of intervening statutory, guidance, caselaw and other foliage from the former Standards Board regime (following the Donnygate scandal) to the present slimmed-down but imperfect present." Nicholas Dobson, a Consultant with Freeths LLP writing for Local Government Lawyer
Click here to purchase a copy.
Philip Kolvin QC discusses the issues confronting local councillors and the need for a consistent approach to standards of conduct in an interview with Bloomsbury Professional.
1st January 2008
J Findlay and R Kohli, When does a tree preservation order protect [2008] JPL 615
News
Appointments to Attorney General's B Panel
27th June 2017
Cornerstone Barristers are delighted to announce that Ryan Kohli (2006) and Robert Williams (2008) have been appointed by the Attorney General to the B Panel of Junior Counsel to the....Case
Homelessness decisions and the public sector equality duty: a victory for substance over form
17th January 2017
Hackney LBC v Haque [2017] EWCA Civ 4, judgment of the Court of Appeal (McCombe, Beatson & Briggs LJJ), Tuesday 17 January 2017. A judge had been wrong to hold that....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.Case
Going underground - High Court shines a light on basement development rights
8th October 2015
In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the most attractive options for extending your home.
....News
Cornerstone Barristers supports Bar Mock Trial Competition
5th August 2015
Cornerstone Barristers has taken part in a training video to accompany the Bar Mock Trial Competition set up by the Citizenship Foundation, a charity aimed at educating young people about the law, politics and democratic life.
....Case
HMO Licensing Appeals and Space Standards
28th July 2015
In a decision dated 23 July 2015 the First Tier Tribunal (Property Chamber) has upheld Southwark LBC's refusal to grant an HMO on the basis of an application of its adopted minimum space standards.
....News
Cornerstone on Councillors’ Conduct
26th June 2015
Cornerstone on Councillors' Conduct, the definitive guide to local government standards, produced by Cornerstone Barristers, goes on sale today.
....Case
17th June 2015
Led by Philip Coppel Q.C., Ryan Kohli acted for the Secretary of State defending a challenge brought under s. 288 to the grant of lawful development certificates to property owners....Case
Arnold V Secretary Of State For Communities And Local Government [2015] EWHC 1197 (Admin)
1st April 2015
Ryan Kohli acted on behalf of the Secretary of State in defending a s. 289 challenge to the decision of a planning inspector to uphold an enforcement notice requiring the....Case
Fuller V Secretary Of State For Communities And Local Government [2015] EWHC 142 (Admin)
14th January 2015
Ryan Kohli acted on behalf of the Secretary of State for Communities and Local Government in defending the grant of planning permission to develop a site near a tree with....Case
R (On The Application Of R) V Secretary Of State For The Home Department [2014] EWHC 2018
23rd May 2014
Ryan Kohli successfully appeared on behalf of the Secretary of State in the High Court in relation to an application for judicial review challenging the decision of the Secretary of....Case
13th March 2014
Ryan Kohli successfully represented the Secretary of State in the High Court in relation to a judicial review application concerning the removal of an individual from the UK under the....News
Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
1st March 2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters. These....News
Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
1st March 2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters.
....News
Attorney General's Panel Appointments
20th February 2013
Cornerstone Barristers are delighted to announce that Catherine Rowlands and Clare Parry have been appointed to the Attorney General's Panel of Counsel with effect from 1 March 2013. Their appointments....Case
Thurrock Borough Council V West [2012] EWCA Civ 1435
3rd December 2012
In an important judgment for social landlords, the Court of Appeal has allowed an appeal against an Order dismissing the local authority's possession claim against a "second successor" who had....Case
R (On The Application Of Tejan) V SSHD
11th May 2012
Ryan appeared on behalf of the Secretary of State, at short notice, and successfully resisted an application for a writ of habeas corpus. As a result of this case, has....Case
11th May 2012
Acted on behalf of an Appellant who was the wife of a U.K. citizen Sponsor and refused entry clearance to join her husband. Addressed the immigration judge on issues such....Case
Thanaluxmy Muthukumar And Ors V ECO
11th May 2012
Acted on behalf the Appellants against a decision of the Entry Clearance Officer concerning whether a marriage between the Sponsor and the First Appellant was genuinely subsisting and whether they....Case
2nd April 2012
In a decision published on 26 March 2012, the Secretary of State granted permission to the Highway Authority to install four cattle grids in four strategic locations within Epping Forest.....Case
Katherine Crawford V Basildon District Council
27th February 2012
Appeal under s. 204 of the Housing Act 1996 alleging that the local authority had attached too much weight to the housing circumstances prevailing in the local area and that....Case
Gallions Housing Association v Adeoye
27th February 2012
Acted on behalf of a housing association in a claim for possession against a tenant for substantial rent arrears which was defended on the basis of disrepair to the premises.....Case
27th February 2012
Possession claim on behalf of the local authority brought on the basis of illegal activity at the premises. Involved making detailed submissions on the admissibility of hearsay evidence and the....Case
Doho v London Borough of Lewisham
27th February 2012
Ryan defended the local authority against a claim brought by a tenant for summary judgement for breach of their statutory duty and implied covenant of repair....Case
Notting Hill Housing Trust V Sharpe-Bishop
27th February 2012
Ryan represented the registered provider in its application for the Defendant's committal for breach of the interim injunction; the return date on the Claimant's application for an injunction and the....Case
Najma Redman V Birmingham City Council
27th February 2012
Appeared on behalf of the Respondent local authority in a s. 204 appeal concerning whether the local authority had acted unlawfully in failing to make a proper assessment of the....Case
Jennings Yard v Basingstoke and Deane Borough Council
27th February 2012
A two day inquiry concerning an appeal against the refusal of a lawful development certificate and an enforcement notice relating to the use of a site as a builders yard.....Case
Avens Court Nursing Home V Woking Borough Council
27th February 2012
Appeared on behalf of the local authority at a public inquiry concerning an appeal against enforcement action taken against the erection of outbuildings and installation of laundry machinery without planning....Case
27th February 2012
Public law defence to possession proceedings on the basis that the local authority failed to apply its mind to the Defendant's vulnerability and severe depression prior to taking proceedings in....News
Junior Members appointed to Attorney General's Panel of Counsel
23rd February 2012
Ryan Kohli (2006) and Rob Williams (2008) have been appointed to the Attorney General's Panel of Counsel (C Panel). James Findlay QC, joint head of chambers, said "Ryan and Rob have....Case
Cousins Holdings V Southend On Sea Borough Council
27th August 2011
Represented the local authority at a two day public inquiry defending its decision to refuse permission to redevelop a car showroom into residential accommodation. Issues of residential amenity, sustainability and....Case
Morgan V Basildon District Council
27th February 2011
Appeal on a point of law under s. 204 of the Housing Act 1996 alleging that the local authority acted in a manner which was procedurally unfair as it failed....Case
Susan Taylor V Hertsmere Borough Council
27th February 2011
Appeal against local authority's decision on homelessness duty owed on the basis that it failed to take into account relevant medical evidence and reached its decision in a manner which....Case
Frenz Wine Bar v Hastings Borough Council
27th February 2011
Appeal by the owner of a wine bar against refusal of planning permission for the development of a site from a restaurant use to an alcohol led (bar/nightclub) use.....Case
Mimbridge Garden Centre V Woking Borough Council
27th February 2011
Appeal by the owner of Mimbridge Garden Centre against enforcement action taken by the local authority against a barn conversion. Appeared on behalf of the local authority and the appeal....Case
Willow Farm V Dover District Council
27th February 2011
Represented the local authority at a public inquiry defending its decision to refuse permission for the use of land for car parking and building storage purposes. Involved consideration of the....Case
Wateringbury Place Holdings v Tonbridge and Malling Borough Council
27th February 2011
Represented the local authority at a 2 day public inquiry defending its refusal for permission for the installation of a heli-pad and associated hard standing.....Case
27th February 2011
The claim was defended on public law grounds following the cases of Kay and others v Lambeth LBC [2006] 2 AC 465 and Doherty v Birmingham City Council [2008] UKHL....Case
R (On The Application Of Muskett) V Basildon District Council
27th February 2011
Judicial review concerning whether the local authority acted unlawfully in refusing to afford the applicant an internal appeal against an adverse decision made on the number of points to which....Case
18th February 2011
Ryan Kohli successfully defended against a claim for judicial review against the local authority's decision to refuse mandatory non-domestic rate relief. Click here to read the judgement in full.....Case
1st January 2009
The secretary of state had discretion as to the manner in which an enforcement notice appeal was reheard following a successful appeal under the Town and Country Planning Act 1990....Case
R (on the application of Walter Probyn) v Tendring District Council [2009] EWHC 2595 (Admin)
1st January 2009
Successfully resisted a renewed application for permission for a judicial review seeking to challenge the validity of a Penalty Charge Notice.....Case
9th January 2008
The last few days of December saw members of Chambers in the Court of Appeal in three very different cases. The cases were: 1. Neath Port Talbot County Borough Council v Ware....Case
Perrin and Ramage v Northampton BC [2007] EWCA Civ 1353
1st January 2007
Junior to James Findlay Q.C. Case concerned the scope of a statutory exemption to the protection offered by Tree Preservation Orders. See full text of case....