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Events

Seminar: Public law defences to possession claims

Date
06.06.2018

Time
09:00 - 12:00 (Registration from 9:00 - 9:15)

CPD Hours
3

Speakers
Andy Lane, Dean Underwood, Dr Alex Williams

Fee
Early Bird offer £30+VAT (Until 1st May) / Standard Ticket £40 +VAT

Venue
Cornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH

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)
  • Discrimination

09.45 - What is a public authority/public function?

  • Statutory definition
  • R. (on the application of Weaver) v London & Quadrant Housing Trust [2010] 1 W.L.R. 363
  • R. (on the application of Macleod) v Peabody Trust Governors [2016] 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 [2010] UKSC 45
  • Thurrock BC v West [2013] 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) [2015] UKSC 15
  • Timings and ex-post facto reviews
  • Assessors
  • Section 149
  • Equality impact assessments

 11.30 - Children Act 2004, s. 11

  • Mohamoud v Kensington and Chelsea RLBC [2016] 1 All ER 988
  • Davies v Hertfordshire CC [2018] EWCA Civ 379

12.00 - Pleading/evidential issues

12.30 - Counterclaims/damages available for discrimination, etc.

13.00 - Q&A and Finish