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

Zoë Whittington

Called
2009
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

Zoë accepts instructions in all areas of Chambers' work and has a broad practice acting for local authorities, housing associations, individuals and companies.

She is particularly interested in administrative, community care, housing and immigration law.

Zoë accepts instructions in all areas of Chambers' work and is developing a broad practice acting for local authorities, housing associations, individuals and companies.

She has a particular interest in administrative, community care, housing and immigration law.

Prior to coming to the Bar, Zoë spent several years working for a solicitors firm where she had conduct of a range of matters in community care, mental health and mental capacity law. She regularly appeared in the First Tier Tribunal (Mental Health) and is a member of the Law Society's Mental Health Review Tribunal Accreditation Scheme Panel. Zoë is keen to develop a practice in these areas alongside her broader practice.

Zoë has a busy County Court practice, primarily in housing and general civil matters, and is instructed for substantive hearings as well as for interim applications. She is also developing a Magistrates' Court practice, acting in licensing cases and prosecuting on behalf of local authorities. She regularly appears in the First-Tier Tribunal (Immigration and Asylum Chamber) and has also appeared in the Crown Court.

During pupillage Zoë was a junior to Mark Lowe QC in a successful planning inquiry regarding green belt land. She gained extensive experience of planning work throughout her pupillage and assisted her supervisors in several planning inquiries and a planning judicial review in the High Court.

In addition to her court work, Zoë undertakes drafting and advisory work in all areas

Zoë read English Literature and Philosophy at the University of Sheffield (First Class) before undertaking the GDL (College of Law) and BVC (Inns of Court School of Law). Zoë was awarded a Lord Denning Scholarship by Lincoln's Inn for the Bar Vocational Course and was called to the Bar in 2009. Zoë joined Chambers in 2012 following successful completion of her pupillage.

Overview

Zoë advises and acts for local authorities and individuals in all aspects of health and social care work, including mental health and mental capacity. She appears in the Administrative Court, Court of Protection and Mental Health Tribunal and is able to advise and represent clients at all stages including pre-action and urgent interim relief applications in judicial review proceedings.

Zoë has particular experience and interest in mental health including s.117 aftercare under the Mental Health Act 1983 and regularly advises on s.117 responsibilities and duties. She is also able to advise and represent clients on other issues arising under the Mental Health Act 1983 including, for example, County Court applications for displacement of a nearest relative.

Examples of Zoë's recent health and social care work include:

  • An urgent application in the Family Division for a forced marriage protection order and concurrent court of protection proceedings to determine capacity to marry and enter into sexual relations.
  • Advising on a dispute between local authorities as to responsibility for carrying out an assessment and interim provision of services under s.17 Children Act 1989.
  • Advising and representing in a Court of Protection case regarding safeguarding allegations.
  • Advising and representing the respondent in a claim for damages for breaches of human rights arising out of an unauthorised deprivation of liberty.
  • Advising in relation to care charges including capital disregards under the Care Act 2014 and the recovery of debt for care contributions.
  • Drafting grounds and advising in a number of judicial reviews of age assessments.
  • Representing a local authority in the Administrative Court on an interim relief application made in a claim for accommodation and support under s.17 Children Act 1989 in which it was suggested that the Secretary of State should provide asylum support under s.95 Immigration Act 1999.
  • Acting for a local authority in a claim for judicial review of their purported decision to withdraw services provided under s.2 Chronically Sick and Disabled Persons Act 1970.
  • Advising the father of a patient detained under the Mental Health Act 1983 as to whether he could be considered to be her nearest relative under the Act and, if so, the prospects of success of an application to displace the present nearest relative.

Zoë was recently seconded to the adult social care team of a local authority's legal department. This involved advising on the full range of adult social care including ordinary residence, s.117 services, mental capacity (including deprivation of liberty and best interest decisions), charging for residential and non-residential services, delayed discharges, NHS continuing care, funding disputes with other local authorities and clinical commissioning groups, transition from children to adult services, leaving care services, powers and duties in relation to persons from abroad, safeguarding. This work spanned across all adult social care services (including physical disabilities, community mental health and learning disabilities) and involved dealing with cases at all stages from an initial approach by an individual seeking services to those where proceedings (e.g. in the Court of Protection) were progressing.

Prior to the Bar, Zoë spent several years working for a solicitors firm where she specialised in community care, mental health and mental capacity law. She advised and represented clients in relation to a range of issues including the legality of community care assessments under s.47 NHS and Community Care Act 1990, service provision decisions, leaving care provisions, applications to displace nearest relatives, lasting powers of attorney and specialist housing provision for persons with disabilities. She regularly appeared in the First Tier Tribunal (Mental Health) and was an accredited member of the Law Society's Mental Health Review Tribunal Accreditation Scheme Panel. She gained particular experience in the rights of carers, as well as community care for persons with autistic spectrum disorders, and completed the National Autistic Society SPELL training course on working with people with autism. Zoë is experienced in working directly with lay clients who have mental health problems (including those who are acutely unwell) as well as people with learning difficulties, autistic spectrum disorders or behavioural problems.

Zoë is also a trustee for a service user led mental health charity in south east London.

Cases

Further Cheshire West fall out: Supreme Court to decide about Mental Health Act patients
26.07.2018
Today the Supreme Court will be considering whether a First Tier Tribunal (FTT) has power to conditionally discharge a restricted patient with conditions that satisfy the objective element of a....

Overview

Zoë accepts instructions from public authorities and private clients in a broad range of civil matters.

She has acted in several cases involving disputes over penalty charge notices and bailiff action, including drafting statements of case and attending court.

During pupillage Zoë assisted her supervisor with a trial in the County Court regarding a claim for damages arising out of the construction of a weir, an injunction for the removal of the weir and a counterclaim for trespass.

Whilst studying for the Bar, Zoë was a Free Representation Unit (FRU) representative and has appeared in the Employment Tribunal. She also assisted a member of chambers in a three-day Employment Tribunal during her pupillage.

Zoë gained extensive experience of regulatory work during pupillage, particular within the healthcare sector. She assisted her supervisor, Tom Cosgrove, with a number of professional conduct cases for the General Chiropractic Council and General Dental Council.

Zoë co-authored (with Tom Cosrove) an article 'Interim Orders in Healthcare Regulation and the approach of the Administrative Court to Delay' published in the Association of Regulatory and Disciplinary Lawyers Spring Bulletin.

Zoë is also developing a regulatory crime practice and regularly appears in the magistrates court to prosecute offences under the Education Act 1996.

Cases

Contract Law in the Supreme Court: a sensible break with the common law?
16.05.2018
How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

Interim Orders in Healthcare Regulation and the approach of the Administrative Court to Delay
12.04.2012
In an article published in the Association of Regulatory and Disciplinary Lawyers Spring Bulletin Tom Cosgrove and Zoe Whittington consider the approach of the Administrative Court in dealing with the....

Overview

Zoë specialises in all aspects of health and social care law and has considerable experience in the mental capacity jurisdiction. She advises or the full range of capacity law, including best interests and deprivations of liberty, and regularly appears in the Court of Protection. Her mental capacity practice is complemented by her expertise in community care, mental health and housing law and she is regularly instructed in matters where there is interplay between these different areas. She accepts instructions from all parties including local authorities, health and social care providers and family members.

Some recent examples of Zoë's work in this area include:

  • An application to authorise a deprivation of liberty in circumstances where P had been moved to a residential placement in consequence of safeguarding allegations, including allegations of sexual abuse.
  • An urgent application in the Family Division for a forced marriage protection order and concurrent CoP proceedings to determine P's capacity to marry and enter into sexual relations.
  • A claim for damages in the County Court for breaches of human rights arising out of an unauthorised deprivation of liberty.
  • A DoLS case in which the issue of responsibility for monitoring compliance with conditions in a standard authorisation was considered.
  • A contested application for deputyship where disputes had arisen amongst family members as to the management of P's property and financial affairs.

Prior to the Bar, Zoë spent several years working for a solicitors firm where she specialised in community care, mental health and capacity law. She advised and represented service users and family members in relation to a range of community care and CoP cases at the pre-action stage as well as advising on and drafting lasting powers of attorney. She regularly appeared in the First Tier Tribunal (Mental Health) and was an accredited member of the Law Society's Mental Health Review Tribunal Accreditation Scheme Panel. She gained particular experience in the rights of carers, as well as community care for persons with autistic spectrum disorders, and completed the National Autistic Society SPELL training course on working with people with autism.

Zoë is experienced of working directly with lay clients who have mental health problems (including those who are acutely unwell) as well as people with learning difficulties, autistic spectrum disorders or behavioural problems and their family members.

Cases

Further Cheshire West fall out: Supreme Court to decide about Mental Health Act patients
26.07.2018
Today the Supreme Court will be considering whether a First Tier Tribunal (FTT) has power to conditionally discharge a restricted patient with conditions that satisfy the objective element of a....

Overview

During her pupillage Zoë gained experience across the full range of housing law including possession claims, homelessness, disrepair, anti-social behaviour injunctions, closure orders, and trespass.

She regularly appears in possession claims, applications to suspend warrants, and gas access injunction applications. She has also dealt with breach of ASBI committal hearings.

Zoë previously worked for a solicitors firm where she conducted some housing work alongside her community care and mental health practice, specifically dealing with homelessness appeals where there was a mental health issue.

Zoë accepts instructions for advisory work and has recently advised in relation to a tied-agricultural tenancy and the provisions under the Rent (Agricultural) Act 1976 and Housing Act 1988.

Zoë is happy to act for both landlords and tenants.

Cases

Contract Law in the Supreme Court: a sensible break with the common law?
16.05.2018
How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

The big court or the home court?
27.03.2018
The Court of Appeal has decided that interim relief can only be sought via s.204A Housing Act 996 if the s.204 appeal is challenging a review decision rather than the....

News

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 - August 2016
01.08.2016
The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • 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

    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....

    Defending disrepair claims seminar
    06.09.2017

    1
    Aimed at all social landlords, this seminar will provide an overview of the basic principles underlying disrepair claims, and when to defend them. Andrew Lane and Zoe Whittington of the Cornerstone....

    Overview

    Zoë is developing a licensing practice. She recently appeared in the Magistrates' Court for the respondent local authority, successfully defending an appeal against the revocation of a private hire vehicle driver's licence and obtaining costs for the local authority. She has advised on procedure and tactics in licence revocation matters and has dealt with interim hearings in licensing cases.

    News

    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

    Zoë has a particular interest in this area of law. She has particular experience of public law and ECHR issues in the areas of community care, immigration and asylum and housing and she is keen to develop her practice in this area.

    Zoë advises and acts for local authorities on a wide range of matters and throughout many of her practice areas.

    Zoë has recently spent several weeks assisting a local authority with a large disclosure request made under the Data Protection Act 1998 and she is familiar with the provisions of that Act as well as the Freedom of Information Act 2000.

    Zoë regularly prosecutes on behalf of local authorities in matters under the Education Act 2006. Prior to coming to the Bar, Zoë worked as a community care paralegal and her work included cases which involved SEN issues. She has a particular interest in local government education and welfare services.

    Immigration and Asylum
    Zoë has appeared regularly in the First Tier Tribunal (Immigration and Asylum Chamber) where she has acted in range of appeals: asylum appeals (including issues relating to unaccompanied asylum seeking children), entry clearance for spouses and other dependents, points-based system migrants, EEC cases and appeals under Article 8 ECHR.

    In Zoë's former work as a community care paralegal she dealt with issues relating to community care for persons subject to immigration control.

    Zoë has a particular interest in this work and is keen to develop her practice in this area.

    Cases

    Councillor ends judicial review claim over standards committee finding
    04.03.2014

    A councillor has withdrawn his judicial review claim against East Staffordshire Borough Council over an adverse finding of its standards committee in 2012.

    ....

    News

    Cornerstone Housing Newsletter - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • 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....

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

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

  • Overview

    Zoë experienced a good range of property work during pupillage, including advice on a profit-a-prendre, a contractual dispute involving service charges, and residential landlord and tenant cases and continues to develop her practice in this area.

    Cases

    Contract Law in the Supreme Court: a sensible break with the common law?
    16.05.2018
    How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

    News

    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 - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • Cornerstone on Councillors' Conduct

    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:

    • The standards regime
    • Councillors' conduct and decision-making
    • Complaints procedure
    • Challenging council decisions
    • Offences

    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.

    Court of Appeal upholds public law defence in possession proceedings against 'trespasser'

    3rd December 2013

    Introduction
    On 19 November 2013 the Court of Appeal gave judgment in Leicester City Council v Shearer, unanimously rejecting the local authority's appeal against a County Court's refusal to grant possession on the basis of a public law defence.

    The case will be of interest to both local authorities and defendants primarily because it is rare to see a successful public law defence in possession proceedings and when the defendant is, in law, a trespasser.

    Background facts
    Mrs Shearer's late husband, Mr Shearer, was the secure tenant of 35 Martival ("the Property"), having succeeded to the tenancy in 2005. The couple, together with their children, lived in the Property between 2005 and 2010. In 2010 Mrs Shearer and the children left because of Mr Shearer's violence and resided elsewhere but the children continued to regularly stay with Mr Shearer at the Property.

    Zoë regularly speaks at seminars and conferences and delivers training on community care and related issues. She has delivered training on obtaining community care services, carer's rights, s.117 aftercare and community care services for persons with no recourse to public funds. She has spoken at seminars on community care case law, DOLS, hoarding and given training on the Care Act 2014.

    Case

    Further Cheshire West fall out: Supreme Court to decide about Mental Health Act patients

    26th July 2018

    Today the Supreme Court will be considering whether a First Tier Tribunal (FTT) has power to conditionally discharge a restricted patient with conditions that satisfy the objective element of a....

    Case

    Contract Law in the Supreme Court: a sensible break with the common law?

    16th May 2018

    How often does the Supreme Court tackle fundamental issues of contract law? Rarely, but Lord Sumption notes that today's case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd....

    Case

    The big court or the home court?

    27th March 2018

    The Court of Appeal has decided that interim relief can only be sought via s.204A Housing Act 996 if the s.204 appeal is challenging a review decision rather than the....

    Case

    Peppercorns and Chocolate Wrappers

    2nd February 2018

    How does the concept of 'consideration' work in the modern world? Yesterday the Supreme Court grappled with this question in the appeal of MWB Business Exchange Centres Ltd v Rock....

    News

    Betting industry bracing over new government consultation on gambling

    31st October 2017

    Betting industry bracing over new government consultation on gambling

    ....

    News

    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....

    News

    Cornerstone Housing Newsletter - August 2016

    1st August 2016

    The latest edition of the Cornerstone Housing Newsletter includes:
  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • News

    Parliamentary Inquiry into Prostitution

    21st March 2016

    A team from Cornerstone Barristers is advising a national feminist organisation appearing in an inquiry into prostitution. The Home Affairs Select Committee is conducting an inquiry into prostitution, and in particular....

    News

    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....

  • 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

    Councillor ends judicial review claim over standards committee finding

    4th March 2014

    A councillor has withdrawn his judicial review claim against East Staffordshire Borough Council over an adverse finding of its standards committee in 2012.

    ....

    Case

    Interim Orders in Healthcare Regulation and the approach of the Administrative Court to Delay

    12th April 2012

    In an article published in the Association of Regulatory and Disciplinary Lawyers Spring Bulletin Tom Cosgrove and Zoe Whittington consider the approach of the Administrative Court in dealing with the....

    EVENT

    Cornerstone Barristers Housing Conference 2018

    2nd October 2018

    1

    Hosted by the Cornerstone Housing Team, the conference will provide a thorough analysis of the latest developments in housing law and policy, as well as practical advice on a wide....

    EVENT

    Defending disrepair claims seminar

    6th September 2017

    1

    Aimed at all social landlords, this seminar will provide an overview of the basic principles underlying disrepair claims, and when to defend them. Andrew Lane and Zoe Whittington of the Cornerstone....