Seminar – Public law defences to possession claims
SpeakersAndy Lane, Dean Underwood, Dr Alex Williams
VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH
FeeEarly Bird offer £30+VAT (Until 1st May) / Standard Ticket £40 +VAT
This seminar seeks to explain and explore the myriad public law and discrimination challenges often seen in defences to residential possession claims brought on discretionary and/or mandatory grounds.
It is aimed at those working for and advising local authorities and private registered providers, and offers practical advice as to dealing with such challenges as well as clear analysis of their significance and use.
The seminar presenters offer significant experience in this field stretching all the way to the UK Supreme Court.
09.00 – Registration and refreshments
09.15 – What do we mean by a public law defence?
- Policy challenges
- Statutory duties
- Convention rights
- Traditional public law (e.g. legitimate expectation)
09.45 – What is a public authority/public function?
- Statutory definition
- R. (on the application of Weaver) v London & Quadrant Housing Trust  1 W.L.R. 363
- R. (on the application of Macleod) v Peabody Trust Governors  H.L.R. 27
- ONS re-classification and the impact on Housing Associations
10.15 – Convention right challenges
- Arts. 8, 14 and art. 1 of 1st Protocol
- Manchester City Council v Pinnock  UKSC 45
- Thurrock BC v West  HLR 5
- Declaration of incompatibility
10.45 – Refreshments
11.00 – Discrimination & public sector equality duty
- What is discrimination?
- Akerman-Livingstone v Aster Communities Ltd (formerly Flourish Homes Ltd)  UKSC 15
- Timings and ex-post facto reviews
- Section 149
- Equality impact assessments
11.30 – Children Act 2004, s. 11
- Mohamoud v Kensington and Chelsea RLBC  1 All ER 988
- Davies v Hertfordshire CC  EWCA Civ 379
12.00 – Pleading/evidential issues
12.30 – Counterclaims/damages available for discrimination, etc.
13.00 – Q&A and Finish