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Philip Kolvin

Tara O'Leary

Called
2014
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020 7242 4986
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Sam Collins
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Tara accepts instructions in all of chambers' core areas, in particular public and administrative law, housing and homelessness, licensing and the Court of Protection.

She has appeared across all levels of courts and specialist tribunals up to the Court of Appeal. She undertakes a broad range of drafting and advisory work for all types of clients.

Tara is a member of the Equality and Human Rights Commission's C panel of counsel. 

Tara welcomes instructions from clients of all backgrounds, having represented public bodies, local authorities and housing associations, private individuals and companies. She is direct access licensed and has undertaken work on a legally-aided and pro bono basis. She has also spent time seconded to several local authorities, gaining experience of litigation and front line legal services in housing, property and regulatory work. 

Tara has particular experience in cases involving public law challenges, human rights and the Equality Act. 

Prior to coming to the bar Tara worked in the UK and abroad as a legal adviser and researcher specialised in human rights and international law.  She was awarded the Frank Jennings Fellowship by Front Line Defenders in 2009, and appointed research assistant to the UN Special Rapporteur on Human Rights Defenders. She was later seconded by the Irish Government to the OSCE Mission in Kosovo and worked as a legal adviser to Amnesty International's Campaign for International Justice. Prior to pupillage, she spent two years at REDRESS leading a project on improving access to justice and reparations for victims of crime across the EU. 

Tara graduated with an LLB (First Class Honours) in Law & European Studies from the University of Limerick. She has an LLM (Distinction) in Public International Law from the LSE, where she recieved the Lauterpacht Higgins Prize for Public International Law. 

Overview

Tara has significant experience in the social housing sector, and is regularly instructed by local authorities and social housing providers to provide advice and representation. Tara's expertise encompasses a broad range of issues including:

  • Advising on all aspects of tenancy management for secure, assured, assured shorthold, flexible/fixed term and introductory tenancies.
  • Addressing anti-social behaviour through possession proceedings, injunctions, committal proceedings, closure orders and other means.
  • Homelessness, including advice, drafting and representation on s. 204 appeals and policy matters.
  • Defences in public law and the Equality Act 2010, including those raising complex questions connected to mental health, disability and capacity.
  • Housing-related judicial review including cases concerning Part VI allocations, Part VII homelessness, the Children Acts 1989 and 2004, and the Care Act 2014.
  • Regulatory enforcement under the Housing Act 2004 including mandatory, additional and selective licensing.
  • Advising on the formulation and adoption of housing policies, public consultation and equalities implications. 

Tara has been involved in a number of recent leading cases in this field, including:

  • Led by Dean Underwood, acting for the local authority in its succesful appeal in LB Waltham Forest v Marshall; Ustek [2010] UKUT 35 (LC), which provides important guidance on the approach to be taken by tribunals on appeals against civil financial penalties under s.249A of the Housing Act 2004, including the weight to be given to local authorities' decisions and policies. 
  • Led by Andrew Lane, succesfully acting for the successful local authority in Hertforshire CC v Davies at the High Court [2017] HLR 33 and Court of Appeal [2018] HLR 21. This was a case concerning service occupancies ('tied accommodation'), which considered the compatibility of the Housing Acts with Art.14 ECHR, and defences under the Equality Act 2010 and s. 11 Children Act 2004 amongst other matters.
  • Advising the Royal Borough of Kensington and Chelsea on housing issues arising from the fire at Grenfell Tower, including housing allocation policies, equality impact assessments, the statutory framework concerning Tenant Management Organisations ('TMOs'), and the ongoing public inquiry.
  • As a pupil, assisting her supervisor Kelvin Rutledge QC in representing the local authorities in the conjoined Supreme Court appeals in Hotak v LB Southwark [2015] UKSC 30.

Tara is joint editor of Cornerstone's Housing Newsletter, and has written articles and given training on a range of issues related to social housing law. She has been instructed by the Housing Ombudsman to advise in respect of a number of its decisions.

Tara also accepts instructions connected to private sector property matters, including both residential and commercial premises, on behalf of both landlords and tenants. She regularly appears before the Property Chamber of the First Tier Tribunal,  particularly on matters connected to licensing under the Housing Act 2004. She also advises on matters including construction of leases, forfeiture, easements and restrictive covenants, leasehold management and enfranchisement, and service charge disputes. 

Cases

A matter of respect: Upper Tribunal reinstates 'generous' penalties for Housing Act 2004 licensing offences
06.02.2020

Waltham Forest LBC v (1) Marshall (2) Ustek [2020] UKUT 0035 (LC)

....

Court of Appeal upholds the legality of the UK’s first ‘buffer zone’ outside an abortion clinic
21.08.2019

Dulgheriu & Orthova v LB Ealing [2019] EWCA Civ 1490

....

Abortion clinic buffer zone PSPO upheld by High Court
02.07.2018
The High Court has dismissed a challenge to a Public Space Protection Order ("PSPO") made by the London Borough of Ealing, which prohibits protests and vigils from taking place within....

Breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession
06.03.2018
In an important decision for local housing authorities handed down today, Hertfordshire County Council v Davies, the Court of Appeal has confirmed the lawfulness of an order for possession notwithstanding....

High Court rejects Article 14 challenge regarding security of tenure for local authority employees occupying ‘tied accommodation’
21.06.2017
Paragraph 2 of Schedule 1 of the Housing Act 1985 provides that accommodation occupied by employees of local authority landlords, who occupy the property for the better performance of their duties,....

News

COVID-19, homelessness and rough sleepers: how to help persons ineligible for support
30.06.2020
By Tara O'Leary  At the outset of the COVID-19 lockdown, the Government called on local authorities to take immediate steps to offer 'safe' accommodation to all rough sleepers and persons staying....

The Editors speak
19.05.2020
By Andy Lane and Tara O'Leary, Joint Editors, Housing Newsletter We are, to say the least, living in exceptionally difficult times. In addition to the tragic loss of life, the situation....

Recent developments in additional and selective licensing
19.05.2020
By Tara O'Leary This article discusses some of the implications of the COVID-19 emergency for licensing litigation and summarises several important decisions which have emerged during a very productive period at....

Cornerstone Barristers Homelessness Briefing
23.03.2020

This Briefing addresses particular issues raised for local housing authorities by COVID-19 in respect of their Part 7 homelessness duties and powers.

....

Housing Team Hits of 2018-19
24.09.2019
By Tara O'Leary In this article, we have taken the opportunity to highlight some of the leading cases in which members of Cornerstone Barristers' Housing Team have been involved since our....

The Editors speak
18.02.2019
By Andy Lane and Tara O'Leary Since the last Housing Newsletter in September last year a lot has happened, both in the social housing world and in Cornerstone Barristers' Housing Team.....

Human rights in the private rented sector: the end of the road?
18.02.2019
By Tara O'Leary The European Court of Human Rights (ECtHR) has recently refused to entertain an application alleging that the eviction of a tenant from her home in the private rented sector....

Sex for Rent: CPS Guidance indicates prosecutions are possible following campaign by Peter Kyle MP, assisted by Cornerstone Barristers
22.01.2019
In September 2018 a team from Cornerstone Barristers provided legal advice to Peter Kyle MP concerning the phenomenon of sex for rent, whereby landlords offer free or discounted accommodation in....

The Editor speaks
26.09.2018
Newsletter news Things are changing, both with regard to this Newsletter and (possibly) the wider social housing world. In respect of the former, one has become two and Tara has been....

Housing cases of interest
26.09.2018
By Tara O'Leary Allocation R (on the application of YG) (Claimant) v Hillingdon London Borough Council (Defendant) and Equality and Human Rights Commission (Intervener) [2018] EWHC 1937 (Admin) A local authority allocation scheme....

National buffer zones not proportionate
17.09.2018
The Government last week released a Written Statement confirming the outcome of its Abortion Clinic Protest Review. Sajid Javid, the Home Secretary, recognises the damaging impact of the behaviour occurring outside....

The Editor speaks
29.03.2018
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....

All Change: New Homelessness Code of Guidance, Review Regulations and Referrals by Specified Public Bodies
29.03.2018
The Ministry of Housing, Communities and Local Government (MHCLG) has published a new Homelessness Code of Guidance together with new Regulations, which will apply when conducting homelessness reviews. Both documents....

Cornerstone Housing Newsletter - February 2017
06.02.2017
The Editor Speaks - Andy Lane   The Housing and Planning Act 2016 Update - Tara O'Leary Homelessness Reduction Bill update 2016/17 - Matt Lewin Neighbourhood Planning Bill 2016/17 - Liam Wells Recent Housing....

Cornerstone Housing Newsletter - November 2016
03.11.2016
Contents The Editor speaks - Andy Lane When is an applicant "significantly" more vulnerable than ordinary vulnerable? - Emma Dring Recent housing developments The current state of play in the Mayor of London's housing....

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

Cornerstone Housing Newsletter - May 2016
04.05.2016
The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....

Local Government Lawyer - What now for selective licensing?
17.03.2016
Local Government Lawyer has published an article by Tara O'Leary on the latest developments in relation to selective licensing, including the end of borough-wide schemes and the Govnerment's "20/20" rule. Click....

Cornerstone Housing Day 2015 - Presentations
03.03.2016
Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.

  • Key developments in Housing....

  • Cornerstone Housing Newsletter - February 2016
    01.02.2016
    The latest Cornerstone Housing newsletter includes:

  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • 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

    Zoom webinar - Providing accommodation and support to those with an irregular immigration status
    14.07.2020


    Since March 2020 there has been a phenomenal effort by local authorities to help those sleeping rough into accommodation in light of the danger posed by Covid-19. Today there is....

    Zoom webinar - Homelessness and COVID-19
    24.06.2020


    The Coronavirus pandemic has impacted upon many areas of law, both directly and indirectly. In terms of homelessness, there has been nothing in the way of legislative or regulatory changes but....

    Housing Day 2019
    02.10.2019

    1
    The Cornerstone Housing Team is delighted to inform you that we are now taking bookings for this year's Housing Day.  Housing Day 2019 will provide you with a thorough analysis of....

    Seminar - Fixed-term tenancies
    21.11.2018

    1
    About this event Since 2011, central government has sought to reduce the numbers of 'lifetime' tenancies granted in the social housing sector by introducing amendments to the Housing Acts. As fixed-term tenancies....

    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....

    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....

    Public law/Equality Act 2010 defences seminar
    07.06.2017

    1
    Local Authorities and Housing Associations are increasingly facing defences to their possession claims based on some public law challenge, or the Equality Act 2010.  This is especially so with respect....

    Overview

    Tara is instructed to bring and defend public law challenges in the Administrative Court across all of her practice areas. She has a growing practice in this field and welcomes instructions to provide advice, review pleadings and witness statements, and to act on behalf of public bodies and private individuals.

    She has acted for a number of local authorities in judicial review claims concerning housing, homelessness and adult social care, many of which involved s. 17 of the Children Act 1989, Care Act 2014 and gypsy and traveller families. She has advised in a number of proposed and settled cases concerning the exercise of local government powers, including disposals of public land, and has been involved in a number of statutory appeals and judicial review claims in planning cases.  In addition, Tara is instructed by central government departments through the 'Junior Junior' / 'Baby Barrister' scheme. 

    Some of Tara's recent cases in court include:

    • Succesfully defending a statutory challenge to a Public Spaces Protection Order (PSPO) creating a "buffer zone" outside an abortion clinic in Ealing, led by Ranjit Bhose QC and Kuljit Bhogal: Dulgheriu & Orthova v LB Ealing  in the High Court [2018] EWHC 1667 (Admin) and Court of Appeal [2019] EWCA Civ 1490.
    • Successfully defending repeated applications for permission to judicially review the outcome of Care Act assessments:  for example R (Baksh) v Brent LBC [2017] EWHC 894 (Admin).
    • Successfully defending statutory appeals to the High Court regarding council tax liability orders, e.g. Zafar v Waltham Forest LBC (Westlaw, 15 June 2017).
    • Advising and acting for numerous local authorities in damages claims alleging discrimination and failure to make reasonable adjustments under the Equality Act 2010.

    Tara also has a growing practice in information law and welcomes instructions in this field. She has recently advised the Department of Media, Culture and Sport on the implementation of the GDPR into UK law, before and after Brexit. Before the First Tier Tribunal, she has also succesfully represented relatives of a civilian killed by the British Army during the Troubles in Northern Ireland in a Freedom of Information appeal against the Police Service of Northern Ireland. 

    Cases

    Supreme Court refuses permission to appeal on UK’s first abortion clinic ‘buffer zone’
    11.03.2020

    Dulgheriu & Orthova v Ealing LBC [2019] EWCA Civ 1490

    ....

    Court of Appeal upholds the legality of the UK’s first ‘buffer zone’ outside an abortion clinic
    21.08.2019

    Dulgheriu & Orthova v LB Ealing [2019] EWCA Civ 1490

    ....

    Abortion clinic buffer zone PSPO upheld by High Court
    02.07.2018
    The High Court has dismissed a challenge to a Public Space Protection Order ("PSPO") made by the London Borough of Ealing, which prohibits protests and vigils from taking place within....

    News

    COVID-19, homelessness and rough sleepers: how to help persons ineligible for support
    30.06.2020
    By Tara O'Leary  At the outset of the COVID-19 lockdown, the Government called on local authorities to take immediate steps to offer 'safe' accommodation to all rough sleepers and persons staying....

    Housing Team Hits of 2018-19
    24.09.2019
    By Tara O'Leary In this article, we have taken the opportunity to highlight some of the leading cases in which members of Cornerstone Barristers' Housing Team have been involved since our....

    Four Cornerstone members appointed to the Equality and Human Rights Commission’s panel of counsel
    15.05.2019
    We are proud to announce that Estelle Dehon, Matt Lewin, Riccardo Calzavara and Tara O'Leary have been appointed to the Equality and Human Rights Commission's (EHRC) panel of counsel. Head of....

    The Editors speak
    18.02.2019
    By Andy Lane and Tara O'Leary Since the last Housing Newsletter in September last year a lot has happened, both in the social housing world and in Cornerstone Barristers' Housing Team.....

    Human rights in the private rented sector: the end of the road?
    18.02.2019
    By Tara O'Leary The European Court of Human Rights (ECtHR) has recently refused to entertain an application alleging that the eviction of a tenant from her home in the private rented sector....

    The Editor speaks
    26.09.2018
    Newsletter news Things are changing, both with regard to this Newsletter and (possibly) the wider social housing world. In respect of the former, one has become two and Tara has been....

    Housing cases of interest
    26.09.2018
    By Tara O'Leary Allocation R (on the application of YG) (Claimant) v Hillingdon London Borough Council (Defendant) and Equality and Human Rights Commission (Intervener) [2018] EWHC 1937 (Admin) A local authority allocation scheme....

    National buffer zones not proportionate
    17.09.2018
    The Government last week released a Written Statement confirming the outcome of its Abortion Clinic Protest Review. Sajid Javid, the Home Secretary, recognises the damaging impact of the behaviour occurring outside....

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

    Cornerstone Housing Newsletter - May 2016
    04.05.2016
    The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....

    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....

    Local Government Lawyer - What now for selective licensing?
    17.03.2016
    Local Government Lawyer has published an article by Tara O'Leary on the latest developments in relation to selective licensing, including the end of borough-wide schemes and the Govnerment's "20/20" rule. Click....

    Cornerstone Housing Day 2015 - Presentations
    03.03.2016
    Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.

  • Key developments in Housing....

  • Cornerstone Housing Newsletter - February 2016
    01.02.2016
    The latest Cornerstone Housing newsletter includes:

  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • 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

    Zoom webinar - Providing accommodation and support to those with an irregular immigration status
    14.07.2020


    Since March 2020 there has been a phenomenal effort by local authorities to help those sleeping rough into accommodation in light of the danger posed by Covid-19. Today there is....

    Zoom webinar - Homelessness and COVID-19
    24.06.2020


    The Coronavirus pandemic has impacted upon many areas of law, both directly and indirectly. In terms of homelessness, there has been nothing in the way of legislative or regulatory changes but....

    Housing Day 2019
    02.10.2019

    1
    The Cornerstone Housing Team is delighted to inform you that we are now taking bookings for this year's Housing Day.  Housing Day 2019 will provide you with a thorough analysis of....

    Overview

    Tara appears regularly before the Court of Protection and advises on the full range of mental capacity law, including best interests, welfare applications and deprivations of liberty. Tara's mental capacity expertise is complemented by her experience of community care, health and housing law, and she has a growing practice in relation to matters where there is interplay between these complex areas.

    She accepts instructions from all parties including local authorities, statutory agencies, health and social care providers, and family members.

    Some of Tara's recent experience includes:

    • Acting for the local authority in an ongoing case involving DOLS, welfare and property applications where P's lack of capacity, and considerable difficulties in her care and treatment, arise from her diagnosis of hoarding disorder. 
    • Acting for the Official Solicitor in a DOLS and best interests application where the central issue is P's capacity to make decisions regarding contact with his parents, whose corresponding capacity to make decisions about their contact with him is also in dispute.
    • Acting for the local authority in a best interests application concerning an autistic young man's complex process of transition from care at home with his elderly parents to a residential placement, and decision-making around his medical treatment.
    • Successfully defending repeated applications for permission to judicially review the outcome of Care Act assessments: for example R (Baksh) v Brent LBC [2017] EWHC 894 (Admin).

    Overview

    Tara has a growing practice in licensing. She is regularly instructed in relation to premises (public houses, restaurants, nightclubs and off-licences), taxis and street trading, amongst other areas. Tara has been instructed by licence holders, applicants, local authorities and the police. She appears regularly before committees, and in appeal hearings and prosecutions at the Magistrates' Court. She also regularly advises on matters related to additional and selective licensing, closure orders and anti-social behaviour as part of her local government and housing practice. Tara has provided training to local authorities and the Institute of Licensing on a range of licensing issues.

    Some of Tara's recent work in this area includes:

    • With Ranjit Bhose QC and Joe Cannon, representing Islington LBC in the widely reported proceedings related to the closure of Fabric nightclub.
    • Representing Uber London in a number of county court claims involving Uber drivers and passengers. 
    • Representing the Metropolitan Police in a premises review of Club Reina on Smithfield Market following several incidents of serious violence.
    • Acting on behalf of local authorities in a number of complex taxi licensing appeals which concerned historic allegations of sexual offences. 

    Tara was a member of a team from Cornerstone Barristers which advised on the possibility of prosecuting landlords for "sex for rent", i.e. the practice of offering free or discounted housing in exchange for sexual services. In November 2018 the CPS changed its guidance on Prostitution and Exploitation of Prostitution to acknowledge that this behaviour could constitute the offence of causing or inciting prostitution for gain under Section 52 of the Sexual Offences Act 2003.

    Tara and colleagues also previously advised a national feminist organization appearing in a parliamentary inquiry into prostitution, specifically into whether the UK should adopt a so-called 'sex buyer law' under which the law criminalises the buyer rather than the seller of sexual services. 

    Cases

    A matter of respect: Upper Tribunal reinstates 'generous' penalties for Housing Act 2004 licensing offences
    06.02.2020

    Waltham Forest LBC v (1) Marshall (2) Ustek [2020] UKUT 0035 (LC)

    ....

    Islington Council imposes tighter licensing conditions on London club Reina
    14.11.2017
    Islington Council's Licensing Sub-Committee has imposed significant new restrictions on the license of Club Reina, a late night venue which, together with its attached restaurant Best Mangal, occupies a prominent....

    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

    Reform of taxi and private hire licensing in Wales: new Government White Paper
    27.02.2019
    By Tara O'Leary Introduction In December 2018 the Welsh Government published "Improving Public Transport: A Welsh Government White Paper on proposals to legislate for reforming the planning and delivery of local bus....

    New taxi licensing laws to close the "cross-border" gap
    12.02.2019
    By Matt Lewin and Tara O'Leary Taxi and PHV licensing in England The government has today announced plans to introduce new legislation which will give licensing authorities greater powers to enforce standards....

    Sex for Rent: CPS Guidance indicates prosecutions are possible following campaign by Peter Kyle MP, assisted by Cornerstone Barristers
    22.01.2019
    In September 2018 a team from Cornerstone Barristers provided legal advice to Peter Kyle MP concerning the phenomenon of sex for rent, whereby landlords offer free or discounted accommodation in....

    Housing cases of interest
    26.09.2018
    By Tara O'Leary Allocation R (on the application of YG) (Claimant) v Hillingdon London Borough Council (Defendant) and Equality and Human Rights Commission (Intervener) [2018] EWHC 1937 (Admin) A local authority allocation scheme....

    Leisure Sector News Round-up
    21.05.2018
    By Ben Du Feu In the last year, Cornerstone's leisure team has been instructed in numerous high-profile cases, including the re-opening of the world-famous London club Fabric; Uber's legal challenge against....

    Cornerstone Barristers appointed to the Gambling Commission’s panel
    14.02.2018
    Cornerstone Barristers has been appointed to the Gambling Commission's standing panel of barristers' chambers to provide legal advice and representation for an initial period of three years. The team will be....

    Betting industry bracing over new government consultation on gambling
    31.10.2017

    Betting industry bracing over new government consultation on gambling

    ....

    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....

    Overview

    Tara has a growing practice in this field, having represented a range of clients in planning inquiries and hearings, Magistrates' Court prosecutions, and within proceedings at the High Court and Court of Appeal. She has also advised local authorities on matters related to the formulation of planning policy. Tara's recent experience includes:

    • Acting for local authorities in planning hearings and inquiries concerning enforcement notices, housing land supply, listed buildings and abatement of nuisances.
    • Advising on and drafting appeal proceedings under ss. 288 and 289 TCPA 1990, including on an urgent basis.
    • Advising on, prosecuting and defending criminal proceedings and Proceeds of Crime Applications in relation to failure to comply with enforcement notices.
    • Appearing in the High Court in applications for injunctions under s187B of the TCPA 1990, including in cases concerning the use of land by gypsies and travellers.
    • Advising a local authority on its Traveller Accommodation Assessment during the preparation of its Local Plan. 
    • Acting for landowners pursuing complaints against local planning authorities before the Local Government Ombudsman. 

    Led by Wayne Beglan, Tara represented Bridgend at the Court of Appeal in Bridgend CBC v Boland [2017] EWCA Civ 1004, a case which determined the appropriate method by which a local planning authority should assess damages payable to a landowner following the compulsory purchase of land, following the issue of certificates of appropriate alternative development. Tara subsequently drafted the application for permission to appeal this decision to the Supreme Court, led by Paul Shadarevian QC.

    Tara was also led by James Findlay QC in a recent High Court appeal concerning enforcement notices, which determined the limits of costs awards in appeals under s. 289 TCPA 1990. 

    Cases

    Abortion clinic buffer zone PSPO upheld by High Court
    02.07.2018
    The High Court has dismissed a challenge to a Public Space Protection Order ("PSPO") made by the London Borough of Ealing, which prohibits protests and vigils from taking place within....

    Second Respondents’ costs in permission hearings for s. 289 planning appeals: Bolton beats Mount Cook
    23.04.2018
    In recent proceedings on an appeal under s. 289 of the Town and Country Planning Act 1990, Mrs Justice Lang has held in a short written judgement that a second....

    News

    Leisure Sector News Round-up
    21.05.2018
    By Ben Du Feu In the last year, Cornerstone's leisure team has been instructed in numerous high-profile cases, including the re-opening of the world-famous London club Fabric; Uber's legal challenge against....

    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

    Tara has a particular interest in this area of law and is keen to develop this area of her practice. She has acted for a number of housing and adult social care departments of local authorities in inquests into the death of persons who passed away during their involvement with social services.

    Tara is currently a member of the legal team for the Royal Borough of Kensington and Chelsea at the Grenfell Tower Inquiry. 

    News

    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....

    Tara's publications

    1st February 2019

    Tara has contributed articles to the Journal of Housing Law, Journal of Licensing, Local Government Lawyer and the LSE Review of Books.

    Tara's publications prior to coming to the Bar include:

    • Report published by REDRESS: Driving Forward Justice: the Rights of Victims of International Crimes in the EU
    • Handbook for litigants seeking reparation, published by REDRESS: Handbook for Victims of Serious International Crimes in the EU: Your rights to access support, advice and justice
    • Report of the Organisation for Security and Cooperation in Europe (OSCE), Mission to Bosnia and Herzegovina: Ensuring Accountability for Domestic Violence: An analysis of sentencing in domestic violence criminal proceedings in Bosnia and Herzegovina
    • Issues in International Criminal Justice, Mind the Gap: UK Law on Genocide, War Crimes and Crimes Against Humanity, and the Prospective Jurisdiction of the ICC

    Public spaces protection orders: what have we learned?

    15th January 2019

    The Journal of Housing Law has published an article by Tara O'Leary and Kuljit Bhogal on the lessons emerging from the use of public spaces protection orders (PSPOs).

    The article reviews the conditions for making a PSPO under the Anti-social Behaviour, Crime and Policing Act 2014, the scope of the consultation and evidence-gathering required, the need to have regard to ECHR rights, the possibility of PSPOs being accompanied by equality impact assessments, and the enforcement options.

    Click here to read the article.

    Section 11 of the Children Act and orders for possession

    8th March 2018

    Local Government Lawyer has published an article by Andy Lane and Tara O'Leary regarding the judgment of the Court of Appeal in Davies v Hertfordshire CC [2018] EWCA Civ 379. The article outlines lessons for local authorities in complying with their duties under s. 11 of the Children Act 2004 in claims for possession. 

    Click here to read the article.

    Local authority employees, tied accommodation and Article 14 challenges

    23rd June 2017

    Local Government Lawyer has published an article by Andy Lane and Tara O'Leary on the High Court judgment in Hertfordshire County Council v Davies [2017] EWHC 1488 (QB). This decision contains important guidance for local authorities dealing with 'tied accommodation' given to employees as service occupiers. 

    Click here to read the article.

    Local Government Lawyer: What now for selective licensing?

    17th March 2016

    Local Government Lawyer has published an article by Tara O'Leary on the latest developments in relation to selective licensing, including the end of borough-wide schemes and the Govnerment's "20/20" rule.

    Click here to read the full article.

    Tara regularly provides training on public law, housing, licensing and other topics to local authorities, social housing providers and private organisations. She welcomes instructions and invitations to provide tailored training sessions or contribute to larger-scale seminars.

    • Administrative Law Bar Association (ALBA)
    • Social Housing Law Association (SHLA)
    • Court of Protection Bar Association (CPBA)
    • Institute of Licensing (IoL)

    News: Public Law and Judicial Review, Housing

    COVID-19, homelessness and rough sleepers: how to help persons ineligible for support

    30th June 2020

    By Tara O'Leary  At the outset of the COVID-19 lockdown, the Government called on local authorities to take immediate steps to offer 'safe' accommodation to all rough sleepers and persons staying....

    News: Housing

    The Editors speak

    19th May 2020

    By Andy Lane and Tara O'Leary, Joint Editors, Housing Newsletter We are, to say the least, living in exceptionally difficult times. In addition to the tragic loss of life, the situation....

    News: Housing

    Recent developments in additional and selective licensing

    19th May 2020

    By Tara O'Leary This article discusses some of the implications of the COVID-19 emergency for licensing litigation and summarises several important decisions which have emerged during a very productive period at....

    News: Housing

    Cornerstone Barristers Homelessness Briefing

    23rd March 2020

    This Briefing addresses particular issues raised for local housing authorities by COVID-19 in respect of their Part 7 homelessness duties and powers.

    ....

    Case: Public Law and Judicial Review

    Supreme Court refuses permission to appeal on UK’s first abortion clinic ‘buffer zone’

    11th March 2020

    Dulgheriu & Orthova v Ealing LBC [2019] EWCA Civ 1490

    ....

    Case: Housing, Licensing, Property

    A matter of respect: Upper Tribunal reinstates 'generous' penalties for Housing Act 2004 licensing offences

    6th February 2020

    Waltham Forest LBC v (1) Marshall (2) Ustek [2020] UKUT 0035 (LC)

    ....

    News: Public Law and Judicial Review, Housing

    Housing Team Hits of 2018-19

    24th September 2019

    By Tara O'Leary In this article, we have taken the opportunity to highlight some of the leading cases in which members of Cornerstone Barristers' Housing Team have been involved since our....

    Case: Public Law and Judicial Review, Housing, Local Government

    Court of Appeal upholds the legality of the UK’s first ‘buffer zone’ outside an abortion clinic

    21st August 2019

    Dulgheriu & Orthova v LB Ealing [2019] EWCA Civ 1490

    ....

    News: Public Law and Judicial Review

    Four Cornerstone members appointed to the Equality and Human Rights Commission’s panel of counsel

    15th May 2019

    We are proud to announce that Estelle Dehon, Matt Lewin, Riccardo Calzavara and Tara O'Leary have been appointed to the Equality and Human Rights Commission's (EHRC) panel of counsel. Head of....

    News: Licensing

    Reform of taxi and private hire licensing in Wales: new Government White Paper

    27th February 2019

    By Tara O'Leary Introduction In December 2018 the Welsh Government published "Improving Public Transport: A Welsh Government White Paper on proposals to legislate for reforming the planning and delivery of local bus....

    News: Public Law and Judicial Review, Housing

    The Editors speak

    18th February 2019

    By Andy Lane and Tara O'Leary Since the last Housing Newsletter in September last year a lot has happened, both in the social housing world and in Cornerstone Barristers' Housing Team.....

    News: Public Law and Judicial Review, Housing

    Human rights in the private rented sector: the end of the road?

    18th February 2019

    By Tara O'Leary The European Court of Human Rights (ECtHR) has recently refused to entertain an application alleging that the eviction of a tenant from her home in the private rented sector....

    News: Licensing

    New taxi licensing laws to close the "cross-border" gap

    12th February 2019

    By Matt Lewin and Tara O'Leary Taxi and PHV licensing in England The government has today announced plans to introduce new legislation which will give licensing authorities greater powers to enforce standards....

    News: Housing, Licensing

    Sex for Rent: CPS Guidance indicates prosecutions are possible following campaign by Peter Kyle MP, assisted by Cornerstone Barristers

    22nd January 2019

    In September 2018 a team from Cornerstone Barristers provided legal advice to Peter Kyle MP concerning the phenomenon of sex for rent, whereby landlords offer free or discounted accommodation in....

    News: Public Law and Judicial Review, Housing

    The Editor speaks

    26th September 2018

    Newsletter news Things are changing, both with regard to this Newsletter and (possibly) the wider social housing world. In respect of the former, one has become two and Tara has been....

    News: Public Law and Judicial Review, Housing, Licensing

    Housing cases of interest

    26th September 2018

    By Tara O'Leary Allocation R (on the application of YG) (Claimant) v Hillingdon London Borough Council (Defendant) and Equality and Human Rights Commission (Intervener) [2018] EWHC 1937 (Admin) A local authority allocation scheme....

    News: Public Law and Judicial Review, Housing, Local Government

    National buffer zones not proportionate

    17th September 2018

    The Government last week released a Written Statement confirming the outcome of its Abortion Clinic Protest Review. Sajid Javid, the Home Secretary, recognises the damaging impact of the behaviour occurring outside....

    Case: Public Law and Judicial Review, Planning and Environment, Housing

    Abortion clinic buffer zone PSPO upheld by High Court

    2nd July 2018

    The High Court has dismissed a challenge to a Public Space Protection Order ("PSPO") made by the London Borough of Ealing, which prohibits protests and vigils from taking place within....

    News: Planning and Environment, Licensing, Local Government

    Leisure Sector News Round-up

    21st May 2018

    By Ben Du Feu In the last year, Cornerstone's leisure team has been instructed in numerous high-profile cases, including the re-opening of the world-famous London club Fabric; Uber's legal challenge against....

    Case: Planning and Environment

    Second Respondents’ costs in permission hearings for s. 289 planning appeals: Bolton beats Mount Cook

    23rd April 2018

    In recent proceedings on an appeal under s. 289 of the Town and Country Planning Act 1990, Mrs Justice Lang has held in a short written judgement that a second....

    News: Housing

    The Editor speaks

    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: Housing

    All Change: New Homelessness Code of Guidance, Review Regulations and Referrals by Specified Public Bodies

    29th March 2018

    The Ministry of Housing, Communities and Local Government (MHCLG) has published a new Homelessness Code of Guidance together with new Regulations, which will apply when conducting homelessness reviews. Both documents....

    Case: Housing, Property

    Breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession

    6th March 2018

    In an important decision for local housing authorities handed down today, Hertfordshire County Council v Davies, the Court of Appeal has confirmed the lawfulness of an order for possession notwithstanding....

    News: Licensing

    Cornerstone Barristers appointed to the Gambling Commission’s panel

    14th February 2018

    Cornerstone Barristers has been appointed to the Gambling Commission's standing panel of barristers' chambers to provide legal advice and representation for an initial period of three years. The team will be....

    Case: Licensing

    Islington Council imposes tighter licensing conditions on London club Reina

    14th November 2017

    Islington Council's Licensing Sub-Committee has imposed significant new restrictions on the license of Club Reina, a late night venue which, together with its attached restaurant Best Mangal, occupies a prominent....

    News: Licensing

    Betting industry bracing over new government consultation on gambling

    31st October 2017

    Betting industry bracing over new government consultation on gambling

    ....

    Case: Housing

    High Court rejects Article 14 challenge regarding security of tenure for local authority employees occupying ‘tied accommodation’

    21st June 2017

    Paragraph 2 of Schedule 1 of the Housing Act 1985 provides that accommodation occupied by employees of local authority landlords, who occupy the property for the better performance of their duties,....

    News: Housing, Property

    Cornerstone Housing Newsletter - February 2017

    6th February 2017

    The Editor Speaks - Andy Lane   The Housing and Planning Act 2016 Update - Tara O'Leary Homelessness Reduction Bill update 2016/17 - Matt Lewin Neighbourhood Planning Bill 2016/17 - Liam Wells Recent Housing....

    Case: Property, Licensing

    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,....

    News: Housing

    Cornerstone Housing Newsletter - November 2016

    3rd November 2016

    Contents The Editor speaks - Andy Lane When is an applicant "significantly" more vulnerable than ordinary vulnerable? - Emma Dring Recent housing developments The current state of play in the Mayor of London's housing....

    News: Public Law and Judicial Review, Planning and Environment, Housing

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

    31st May 2016

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

    News: Public Law and Judicial Review, Housing

    Cornerstone Housing Newsletter - May 2016

    4th May 2016

    The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....

    News: Public Law and Judicial Review, Licensing, Inquests and Inquiries

    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: Public Law and Judicial Review, Housing

    Local Government Lawyer - What now for selective licensing?

    17th March 2016

    Local Government Lawyer has published an article by Tara O'Leary on the latest developments in relation to selective licensing, including the end of borough-wide schemes and the Govnerment's "20/20" rule. Click....

    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.
  • Key developments in Housing....

  • News: Public Law and Judicial Review, Housing

    Cornerstone Housing Newsletter - February 2016

    1st February 2016

    The latest Cornerstone Housing newsletter includes:
  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • News: Public Law and Judicial Review, Housing

    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....