020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Ryan is a versatile public law practitioner and is adept at handling complex cases across the public law spectrum. He has acted in significant cases in each of his core practice areas.
In the property/social housing sphere, he acts for registered providers of social housing, central government departments, the Regulator of Social Housing and local authorities. He has appeared in leading cases concerning the application of Article 8 of the European Convention on Human Rights and s. 15 of the Equality Act 2010. Examples include Paragon Asra Housing Limited v Neville [2018] EWCA Civ 1712; Hackney LBC v Haque [2017] EWCA Civ 4 and Thurrock Borough Council v West [2012] EWCA Civ 1435.
In the area of administrative and public law he has extensive experience representing central government departments and local authorities in public law proceedings including a leading case on the meaning of "clearly unfounded" in the asylum context in R (on the application of FR Albania) v Secretary of State for the Home Department [2016] EWCA Civ 605.
In planning, he regularly represents clients in significant planning cases including those concerning air quality and the interpretation of the General Permitted Development Order. Recent examples include R (on the application of Shirley) v Secretary of State for Communities and Local Government [2017] EWHC 2306 (Admin) and Arnold v Secretary of State for Communities and Local Government [2017] EWCA Civ 231.
Appointments
Education
"An excellent property and housing barrister whose skills far exceed those of the average person of his year of call." "He is very polished in his written and advocacy skills, and is a firm favourite of many clients." Chambers and Partners 2019
"He is straight down the line, robust and clear." "He exhibits an acumen far above his year of call, he is never fazed by anything and is highly reliable." Chambers and Partners 2019
"Great at engaging with witnesses and putting clients at ease when in court." The Legal 500 2018
"Exceptional and highly accomplished." "He demonstrates an ability way beyond his year of call, has a very good manner with clients and is a very authoritative presence in court." Chambers UK 2018 (Planning)
"He is very good on his feet and a difficult barrister to be against." Chambers UK 2018 (Social Housing)
"A robust and tenacious advocate, who is able to represent difficult positions." Legal 500 2017
"An impressive advocate who provides good skeleton arguments in complex cases." "A very firm opponent." Chambers UK 2017
"Very succinct and gets to the point quickly. His written advice is very good and clients love him - he's charming." Chambers UK 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 UK 2016
"An effective oral advocate." Legal 500 2016
"He provides good, sound, commercial advice. He's very personable and a favourite with clients." Chambers UK 2016
"He's exemplary in terms of client care, trial preparation and advocacy skills - a polished service." Chambers UK 2016
Ryan's practice is predominantly focused on judicial review and statutory appeals in the area of planning and environmental law. He has been appointed as Junior Counsel to the Crown by the Attorney General ('B Panel') and is regularly instructed on behalf of the Secretary of State for Housing, Communities and Local Government as well as private developers on planning matters in the High Court and beyond.
He is listed as a leading junior in this area by Chambers UK. Ryan has conducted numerous public inquiries on behalf of local planning and highway authorities and has advised on a wide range of planning issues. He recently advised the Department for Transport in relation to air quality matters arising from the proposed Silvertown Tunnel Development Consent Order.
Examples of higher court work include:
R (on the application of Shirley) v Secretary of State for Communities and Local Government [2017] EWHC 2306 (Admin)
Led by James Maurici QC, Ryan acted for the Secretary of State in defending his decision not to call in the proposal to grant planning permission for the South Canterbury Urban Extension which comprised up to 4000 homes and associated development including a new hospital and school. The case concerned the adequacy of the UK government's implementation of the Air Quality Directive and whether, in light of evidence about adverse impacts on air quality, the Secretary of State's status as 'competent authority' for the purposes of the Directive mandated a call-in. In a detailed Judgment, Dove J agreed with the Secretary of State that (i) the Secretary of State's designation as a competent authority did not impose a duty to call in planning applications which may have an adverse impact on air quality; (ii) the discretion as to whether to call in a planning application was very broad and pre-eminently a matter of planning judgment for the Secretary of State; and (iii) the call-in power of the Secretary of State was not a mechanism of supervisory control over local planning authority decision making.
Arnold v Secretary of State for Communities and Local Government [2017] EWCA Civ 231
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 QC, Ryan acted for the Secretary of State in two statutory appeals defending challenges 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)
Ryan 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 a leading social housing practitioner and is regularly instructed in complex and high profile social housing litigation. He has been appointed as Junior Counsel to the Crown by the Attorney General ('B Panel') and has been consistently listed as a leading junior in this area by Chambers UK and Legal 500.
He acts for local authorities, registered providers, the Regulator of Social Housing and private landlords in a range of matters from possession proceedings to strategic advice on dealing with anti-social tenants, succession, right-to-buy and policy matters.
Ryan is an experienced trial advocate and is adept at conducting and marshalling the full range of housing proceedings. He regularly provides advice and representation to registered providers and local authorities on all aspects of property and social housing including fire safety, Water Resale Orders, leasehold disputes (including service charges) and judicial review for breach of statutory duty. He has advised and represented successful Respondents in appeals against improvement notices, overcrowding notices and prohibition orders within the First Tier Tribunal (Property Chamber).
He has also been instructed in leading cases in this practice area including:
Paragon Asra Housing Limited v Neville [2018] EWCA Civ 1712
As sole Counsel for the successful Appellant, Ryan acted in proceedings concerning the scope of the operation of ss. 15 and 35 of the Equality Act 2010 in applications to suspend a warrant for possession. Practical difficulties were frequently arising where suspended possession orders had been agreed between the parties and approved by the Court in respect of disabled tenants who would then proceed to breach the order. Legal representatives of disabled tenants wished, in those circumstances, to re-raise the Equality Act defences at the enforcement stage. The Court of Appeal agreed with Ryan's submissions that (i) absent a material change of circumstances between the date of the SPO and the date of the hearing of the warrant suspension application it would be abusive to allow the tenant to re-raise such matters; and (ii) in any event a Judgment can, in principle, demonstrate compliance with the substance of the requirements of proportionality without explicitly considering the four-fold analysis highlighted by the Supreme Court in Akerman-Livingstone v Aster Community Housing Limited [2015] 2 WLR 721.
Hackney LBC v Haque [2017] EWCA Civ 7
Led by Kelvin Rutledge QC, Ryan acted for Hackney LBC in a case which established the standard expected of reviewing officers within their homelessness review decision letters before it could be said that they had complied with the Public Sector Equality Duty under s. 149 of the Equality Act 2010. The decision provides helpful and timely guidance as to how homelessness decision-makers should approach the PSED in suitability cases following the decision of the Supreme Court in Hotak v LB Southwark & Associated Appeals [2016] AC 811.
Thurrock Borough Council v West [2012] EWCA Civ 1435
Ryan was sole Counsel for the successful Appellant in the Court of Appeal in this seminal authority on the scope of Article 8 defences in claims for possession. Mr West raised an Article 8 defence to possession proceedings brought by the local authority on the basis it would be disproportionate to evict him, his girlfriend and child from a property previously occupied by his grandparents, both of whom had deceased. As there had already been a single succession, there was no further entitlement in law to succeed to the tenancy. At the county court level, possession was refused on the basis that it was said it would be disproportionate to evict Mr West and his family who would, in all likelihood, be afforded priority need by the local authority in any future application for housing. The local authority appealed successfully to the Court of Appeal. Etherton LJ (with whom Hallett LJ and Dame Janet Smith agreed) determined that the county court Order, if allowed to stand, would effectively amount to an allocation of housing by the Court which was wholly outside of its remit.
Ryan has extensive experience representing central government departments and local authorities in public law proceedings. He has been appointed as Junior Counsel to the Crown by the Attorney General ('B Panel') and is frequently instructed to defend central and local government against judicial review claims which concern the full spectrum of their vires.
Ryan's planning and public sector housing work is also heavily public law focused. His practice covers wider government work and he has experience in applications to revoke Debt Relief Orders, cases relating to the laws of markets and fairs, and pursuing applications for liability orders for non-domestic rates. He has also been instructed by the HMRC in the Valuation Tribunal for England and the High Court on important cases concerning council tax. Ryan has represented local authorities in judicial review applications relating to non-domestic rates decisions including in R (on the application of Augustine Housing Trust) v Grays Magistrates' Court [2011] EWHC 699.
He also has expertise in the Upper Tribunal, High Court and Court of Appeal in acting for the Secretary of State for the Home Department in judicial review applications in the field of immigration and unlawful detention. He has appeared on behalf of the Secretary of State in the following cases:
R (on the application of FR Albania) v Secretary of State for the Home Department [2016] EWCA Civ 605
This was an appeal to the Court of Appeal from the Upper Tribunal focused on the question of the definition of "clearly unfounded" asylum claims and 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
This 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] EWHC Civ 652
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 of the 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.
Ryan has substantial experience in appearing before licensing committees in respect of premises license applications and in the magistrates' courts in respect of licensing appeals.
He has experience in acting 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.
Ryan is also regularly instructed on behalf of local authorities (including the London Borough of Greenwich) to act as legal advisor to licensing committees in high profile licensing applications.
Ryan has experience in advising and representing clients in the commercial and regulatory sector. Specifically, he has:
Ryan has undertaken a range of work in the property sector and has particular experience in:
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 January 2008
J Findlay and R Kohli, When does a tree preservation order protect [2008] JPL 615
Case: Public Law and Judicial Review, Housing, Local Government
Supreme Court refuses permission to appeal in Paragon v Neville
20th March 2019
Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712
....Case: Housing
26th July 2018
This morning the Court of Appeal has handed down judgment in the case of Paragon Asra Housing Limited v. James Neville [2018] EWCA Civ 1712. It is a judgment of significance....News: Housing
29th March 2018
It will not surprise anybody to hear that this has been a busy period for all those involved in housing. On a personal level, that has included a successful appearance....News: Licensing
Betting industry bracing over new government consultation on gambling
31st October 2017
Betting industry bracing over new government consultation on gambling
....News: Public Law and Judicial Review
Junior Counsel to the Crown Appointments
27th June 2017
Cornerstone Barristers is delighted to announce that Ryan Kohli (2006) and Robert Williams (2008) have been appointed by the Attorney General as Junior Counsel to the Crown (B Panel). Their....Case: Public Law and Judicial Review, Housing
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: Public Law and Judicial Review, Housing, Health and Social Care
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: Planning and Environment, Housing, Property
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: Housing, Property
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: Planning and Environment
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: Planning and Environment
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: Planning and Environment
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: Public Law and Judicial Review
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: Public Law and Judicial Review
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: Licensing
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: Housing
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: Public Law and Judicial Review
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: Public Law and Judicial Review
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: Public Law and Judicial Review
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: Planning and Environment
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: Housing
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: Housing
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: Housing
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: Housing
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: Housing
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: Housing
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: Planning and Environment
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: Planning and Environment
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: Public Law and Judicial Review
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: Public Law and Judicial Review
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: Planning and Environment
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: Housing
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: Housing
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: Planning and Environment
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: Planning and Environment
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: Planning and Environment
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: Planning and Environment
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: Public Law and Judicial Review
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: Public Law and Judicial Review
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: Public Law and Judicial Review
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: Public Law and Judicial Review, Planning and Environment
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: Public Law and Judicial Review
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: Planning and Environment
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: Property
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....020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: Edmund House, 12-22 Newhall Street, B3 3EW
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DX: LDE 316 (Chancery Lane)
