Call: 1984

Christopher Baker

  • He has strong technical expertise, and a firm grasp of procedural challenges.

    Legal 500
  • He has a superb brain and his knowledge of allocations law and practice is second to none. His commitment to the sector is amazing.

    Chambers UK Bar
  • An expert in housing, landlord and tenant, and local government matters.

    Legal 500
  • Clearly an expert and gets across complex issues in a straightforward and client-friendly way.

    Legal 500
  • One of the few barristers with real in-depth knowledge of housing and local authority law.

    Legal 500
  • He has superb intellect, is considered and has immense knowledge from 30 years of practice.

    Legal 500
  • He is extremely well versed on complicated points of law and his instincts are very reliable.

    Chambers UK Bar
  • Chris was calm, reassuring and respectful.

    Housing Reviewing Officer
  • A comprehensive knowledge of local government law

    Chambers UK Bar
  • Chris has great communication skills and presented the case clearly, persuasively and concisely.

    Housing Reviewing Officer
Photo of christopher_baker.jpg

Practice Summary

Christopher has been recognised for many years as one of the leaders in his main fields of practice, combining public and private law at all levels of court up to and including the Supreme Court, in addition to tribunal and arbitration work.

Legal 500 describes him as a “top choice for housing and local government cases” and an “excellent all-rounder, who inspires confidence in clients”.

Recommendations in Chambers & Partners say he is “very, very good on technical areas of local authority law” and “go-to for landlord work”; he “routinely leads in high-stakes matters at the upper levels of the courts and tribunal system” and is “very prompt and very accommodating” .

Much of his work has involved cutting-edge issues and landmark decisions. His practice ranges beyond social housing and landlord and tenant, extending into related work such as adult social care and children, governance and powers, regulation, finance, commissioning, property and commercial aspects of local government and registered housing providers.

Aside from highly experienced advocacy and advice for clients within the litigation process, his work also involves keeping them out of court and a substantial portfolio of advisory work. He is a trained mediator, providing experience in civil mediation both conducting mediations and as an advocate, and believes more use should be made of opportunities to avoid disputes and litigation. He has advised in relation to a wide range of projects and problems, including tenancy strategies and allocation schemes, community care and commissioning arrangements, rent policies, housing management and repair, major regeneration schemes, local government standards, local land charge search arrangements and human rights compliance.

Christopher’s clients come from across the country and in other legal jurisdictions. He has acted for a wide range of public bodies, central and local government, social landlords, regulatory bodies and commercial and private clients. His instructions come from all types of professional clients, from big City firms through to sole practitioners and in-house solicitors, both privately- and publicly-funded. He also works for clients on a public access and licensed access basis.

Housing and Property

Christopher’s practice spans all aspects of housing and residential landlord and tenant law, involving both private and public law issues and proceedings, covering the private, social and public sectors and areas such as allocations, housing conditions, service charges, possession proceedings, homelessness and governance of registered providers. His cases extend from the Supreme Court and House of Lords through to trial and tribunal work.

Outside litigation, he has experience of successfully using mediation in this field and has also conducted an independent inquiry for a housing association into its ASB procedures.

Much of his work is at the cutting-edge of current issues. He was brought in to lead the legal team for the local authority in the Supreme Court in Poshteh, addressing the impact of art 6 and the degree of judicial scrutiny in homelessness appeals. He acted for the local authority in the very first (and still leading) examination by the House of Lords of the legal framework for housing allocations and has advised many local authorities about their housing allocation schemes. He also acted for the housing association in the landmark case on the application of the Human Rights Act 1998 to social housing providers; he was sole counsel for the Secretary of State and lead counsel for the Housing Corporation in leading cases in the House of Lords about tolerated trespassers and rent increases; and he acted for the local authority in the House of Lords’ examination of the law on nuisance and the covenant for quiet enjoyment in respect of sound-proofing problems.

Local Government

In this area, Christopher has wide-ranging experience of work involving and concerning local government bodies and personnel, such as constitutions, powers, governance, ethical standards, liability, accountability and judicial review. His cases span mainstream areas such as spending cuts, rationing of resources, procurement, sale or retention of land, migration and parking, across to some less-travelled aspects such as allotments and protecting individual local government officers against the imposition of personal costs orders.

Among other notable highlights, Christopher acted for the local authority in the advisory and litigation work arising from the high-profile reconsideration of proposals for the Welsh national rugby academy.

He is well-versed in the requirements and practicalities of local government administration, the different roles of elected members and professional officers, and the particular demands of working in and for the public sector, especially questions of reputation and trust. He has experience of dealing with internal disputes between departments, of managing relationships between different bodies and of local government arbitration.

Real Property

Property-related work has long been one of Christopher’s main areas of expertise. Aside from his vast amount of work concerning social housing, he acts and advises in relation to many aspects of residential and non-residential property including recovery of possession, sale and acquisition, leases and leasehold tenure, management issues, major works, service charges, squatters and adverse possession.

Some of his work in this area involves the inter-play between public law and private law, and between judicial review proceedings and ordinary private law claims. Many of his cases have involved ground-breaking issues, including three cases in the House of Lords concerning sound insulation, rent increases and so-called tolerated trespassers.

More recently, he has advised many clients on the implications of projects such as installing solar panel equipment and is often called on to help resolve difficult technical issues.

Christopher also acts a mediator in property disputes, including commercial lease renewals.

Public Law

Complementing his housing/landlord and tenant work, and his local government practice, Christopher has expertise in general public law and human rights, both in contentious and advisory contexts.

He has formidable strength in depth in judicial review work, encompassing many varied aspects of governmental and statutory activity such as provision and regulation of housing, homelessness, adult social care, care home commissioning, children, use and disposal of land and arrangements between public bodies in areas such as health.

His work routinely involves equality issues and human rights, both within judicial review proceedings and at an advisory and policy level. He regularly advises on equality impact assessments and has been at the forefront of addressing the impact of human rights on domestic law. He acted for the local authority in the leading case in the Supreme Court on the relationship between art.6 and homelessness appeals.

Community Care / Court of Protection

Work involving adults and children who require care and safeguarding is an area of particular interest to Christopher. Many of his cases involve questions about the provision of care for adults and protecting the welfare of children; often these also involve problems of disability and human rights.

Christopher has considerable expertise dealing with judicial review proceedings in relation to welfare issues, both in cases of specific individuals and in relation to policies and multi-agency arrangements. One aspect of his practice has been the arrangements made variously between health bodies, local social services authorities and care providers; and disputes arising from historic, long-term placements about responsibility for and the amount of payment for services provided, especially in relation to those with learning disabilities.

He also has experience of judicial review in areas such as age assessments of unaccompanied minors, assessment of needs, disputes over types of service provision, charging and provision of financial assistance.

Since 2005, he has been involved with the Community Care Law Reports and is one of the editors and editorial board members.

Regulatory

Christopher has extensive experience acting for regulatory and supervisory bodies as well as those who are subject to regulation. He has represented and advised central Government and the Housing Corporation, very many local authorities, and organisations varying from large national operations to small businesses, as well as individuals. He was involved in the first ever reported case on local authority standards committees, before the statutory framework under the Local Government Act 2000 was introduced, defending the exclusion and censure of a senior councillor; and he acted for the chief executive of the local authority in the biggest and longest case ever brought by the Standards Board for England.

Recently, he has been advising on housing licensing schemes in various parts of the country. He also has experience of dealing with inquests and the implications of these and related proceedings on service operation and safeguarding.

ADR

Where possible, Christopher guides people away from litigation as a means of resolving disputes. He has increasingly been involved in facilitative mediation in a wide range of contexts, including commercial litigation, disputes between public bodies, large-scale building defects issues, building management problems, leaseholder service charge cases and private sector landlord/tenant relationship breakdown. Often, there are solutions and benefits to be found by means of mediation which cannot be achieved in courts or tribunals, or through arbitration; and results which are particularly cost-effective.

Christopher is a trained mediator and is available not only as a facilitative mediator but also as an adviser/representative for a participant in mediations. His clients span local government, social landlords and private individuals.

Public Access

Christopher is pleased to accept instructions from public access clients and on a licensed access basis.

Housing

  • R (C) v Islington LBC [2017] EWHC 1228 (Admin); [2017] HLR 32 – local lettings policies within housing allocation scheme were justified and proportionate discrimination for the purposes of art 14 and Equality Act 2010; the actual practice in relation to making direct offers did not accord with the published scheme

  • Poshteh v Kensington & Chelsea RLBC [2017] UKSC 36; [2017] 2 WLR 1417 – impact of art 6 and degree of judicial scrutiny in homelessness appeals; mental disability and suitability of accommodation

  • R (XC) v Southwark LBC [2017] EWHC 736 (Admin); [2017] HLR 24 – priority star system within housing allocation scheme in favour of working households and those undertaking voluntary activity was justified under Equality Act 2010 despite indirect discrimination against disabled people and women who were volunteer carers

  • R (Woolfe) v Islington LBC [2016] EWHC 1907 (Admin); [2016] HLR 42 – lawfulness of bidding threshold in housing allocation scheme, reasonable preference and list management, compliance with s.11 Children Act 2004, interpretation of scheme

  • R (YA) v Hammersmith & Fulham LBC [2016] EWHC 1850 (Admin); [2016] HLR 39 – criminal record of care leaver, rehabilitation and spent convictions, whether disqualification from housing register lawful, whether discrimination within housing allocation scheme was proportionate under art.14

  • R (Brooks) v Islington LBC [2015] EWHC 2657 (Admin); [2016] HLR 2 – discharge of interim homelessness duty

  • Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers

  • Hussain v Waltham Forest LBC [2015] EWCA Civ 14; [2015] 1 WLR 2912; [2015] HLR 16 – homelessness and meaning of violence

  • R (Jakimaviciute) v Hammersmith & Fulham LBC [2014] EWCA Civ 1438; [2015] 3 All ER 490; [2015] HLR 5 – housing allocation scheme and scope of discretion to define non-qualifying persons

  • Haile v Waltham Forest LBC [2014] EWCA Civ 792; [2014] HLR 37 – homelessness and whether the Din approach to causation still applied

  • Balog v Birmingham CC [2013] EWCA Civ 1582; [2014] HLR 14 – homelessness

  • R (Alansi) v Newham LBC [2013] EWHC 3722 (Admin); [2014] HLR 25 – changes to housing allocation scheme, legitimate expectation

  • Abdulla v Westminster CC [2011] EWCA Civ 1171; [2012] HLR 5 – homelessness; whether applicant homeless when living in a property with her husband and mother, who were joint tenants, and her mother had asked her to leave; matrimonial home rights under s.30 Family Law Act 1996

  • Karaj v Three Rivers DC [2011] EWCA Civ 768 – permission for second appeal in homelessness cases; whether contracting-out of review function had been lawfully authorized.

  • Ali v Birmingham CC [2010] UKSC 8; [2010] 2 AC 39; [2010] HLR 22 – art 6 and homelessness appeals

  • Nessa v Tower Hamlets LBC [2010] EWCA Civ 559; [2010] HLR 37 – enforceability of price mistakenly stated in landlord’s right-to-buy offer notice

  • R (Ahmad) v Newham LBC [2009] UKHL 14; [2009] 3 All ER 755; [2009] HLR 31 – “reasonable preference” in housing allocation

  • R (Weaver) v LQHT [2009] EWCA Civ 587; [2010] 1 WLR 363; [2009] HLR 40 – whether RSL subject to Human Rights Act 1998

  • R (Lin) v Barnet LBC [2007] EWCA Civ 132; [2007] HLR 30 – housing allocation preference and prospects

  • R (Vella) v Lambeth LBC [2005] EWHC 2473 (Admin); [2006] HLR 12 – overruling previous case law on whether lack of sound insulation was statutory nuisance

  • R (Manchester CC) v Manchester Magistrates’ Court [2005] EWHC 253 (Admin); Times 8 March 2005 – principles to be followed for interim ASBOs without notice

  • Reigate & Banstead BC v Forrest [2001] EWCA Civ 1510; [2002] QB 1129; (2001) 33 HLR 86 – compatibility of introductory tenancy regime with human rights

  • R v Greenwich LBC ex p Glen International Ltd (2001) 33 HLR 87, CA – entitlement to renovation grants

  • R v Lambeth LBC ex p Crookes (1999) 31 HLR 59, QBD – housing benefit

  • R v Camden LBC ex p Mohammed (1998) 30 HLR 315, QBD – landmark decision on interim housing accommodation

  • R v Slough BC ex p Khan (1996) 27 HLR 492, QBD – homelessness, local connection

  • R v Islington LBC ex p Aldabbagh (1994) 27 HLR 271, QBD – housing transfer policy and homelessness

  • R v Lambeth LBC ex p Miah (1994) 27 HLR 21, QBD – re-opening homelessness enquiries

Landlord and tenant

  • Sheffield CC v Oliver [2017] EWCA Civ 225; [2017] HLR 23 – major stock refurbishment; service charges; the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning

  • Birmingham CC v Stephenson [2016] EWCA Civ 1029; [2016] HLR 44 – impact of serious mental illness and disability discrimination on recovery of possession of introductory tenancy

  • Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 870; [2016] 1 All ER 988; [2015] HLR 38 – compliance with s.11 Children Act 2004 and possession proceedings

  • Ker v Optima Community Association [2013] EWCA Civ 579; [2013] HLR 37 – “Flexi-buy” scheme, possession proceedings and human rights

  • Freeman v Islington LBC [2009] EWCA Civ 536; [2010] HLR 6 – succession to secure tenancy; meaning of “residing with”

  • Knowsley HT v White [2008] UKHL 80; [2009] 1 AC 636; [2009] HLR 17 – tolerated trespassers, intervening for Secretary of State

  • Richardson v Midland Heart [2008] L&TR 31 – whether interest under shared ownership lease terminated by possession order made under Housing Act 1988, Ground 8

  • Riverside Housing Association v White [2007] UKHL 20; [2007] 4 All ER 97; [2007] HLR 31 – RSL rent increases, intervening for Housing Corporation

  • Hyams v Wilfred East London Housing Co-operative [2007] 3 EG 126, Lands Tribunal – recovery of improvement contributions under right to buy lease and operation of s125 notice

  • Ratcliffe v Sandwell MBC; Lee v Leeds CC [2002] EWCA Civ 6; [2002] 1 WLR 1488; [2002] HLR 17 – whether landlord liable for condensation dampness; human rights, disrepair, defective premises

  • Reigate & Banstead BC v Forrest [2001] EWCA Civ 1510; [2002] QB 1129 – compatibility of introductory tenancy regime with human rights

  • Baxter v Camden LBC (No 2) [2001] 1 AC 1; (2000) 32 HLR 148, HL – whether landlord liable for sound from adjoining tenants

  • Lambeth LBC v Henry (2000) 32 HLR 874, CA – suspended possession order valid even though requiring repayment of rent arrears over very long period

  • Lambeth LBC v Thomas (1998) 30 HLR 89, CA – whether possession order could be granted for non-payment of water charges

  • Camden LBC v Akanni (1997) 29 HLR 845, CA – principles for setting aside possession orders and warrants

  • Rogan v Woodfield Building Services Ltd [1995] 1 EGLR 72; (1995) 27 HLR 78, CA – whether landlord’s rent claim defeated by alleged non-compliance with s48 Landlord and Tenant Act 1987; Court of Appeal departing from previous decision

  • RC Glaze Properties Ltd v Alabdinboni (1992) 25 HLR 150, CA – use of rent books as evidence of terms of tenancy

Local Government

  • Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers

  • R (Mohamed) v Local Safeguarding Children’s Board for Islington [2014] EWHC 3966 (Admin) – death of disabled child at council block; serious case review powers

  • R (Wood & Turley) v Leeds CC [2014] EWHC 2598 (Admin) – allotments; exercise of power to increase rents

  • R (W) v Birmingham CC [2011] EWHC 1147 (Admin); [2012] BLGR 1 – local government spending cuts and eligibility for community care

  • Mears Ltd v Leeds CC [2011] EWHC 40(QB); [2011] EuLR 596 & [2011] EWHC 1031 (TCC); [2011] EuLR 764 & [2011] EWHC 2694 (TCC); [2012] 4 Costs LO 456 – public procurement of housing repairs service

  • Morrison Facilities Services Ltd v Norwich CC [2010] EWHC 487 (Ch) – public procurement of housing repairs service

  • R (Island Farm Developments Ltd) v Bridgend County BC [2006] EWHC 2189 (Admin); [2007] BLGR 60 – challenge to decision not to sell land; whether bias/pre-determination

  • Ethical Standards Officer v Hitchens and others, APE 0211, 18 Jan 2006 – the landmark Islington councillors ethical standards case concerning appointment of chief executive

  • R (BG) v Medway Council [2005] EWHC 1932 (Admin); [2006] HLR 6 – lawfulness of conditions attached to a discretionary social services grant for disabled adaptations

  • Akumah v Hackney LBC [2005] UKHL 17; [2005] 1 WLR 985; [2005] HLR 26 – local housing authority powers to implement parking scheme

  • Ingle v Scarborough BC [2002] EWCA Civ 290; [2002] HLR 36 – whether home loss payments payable following regeneration scheme

  • R (Ali) v Birmingham CC [2002] EWHC 1511 (Admin); [2002] HLR 51 – lawfulness of local authority policy on accommodation for EU migrants, community care, children, human rights

  • R v Broadland DC ex p Lashley [2001] EWCA Civ 179; [2001] BLGR 264 – first reported case on powers of standards committees

  • R v Lambeth LBC ex p Wilson (1998) 30 HLR 64, CA – overturning on appeal of personal costs orders against local government officers

  • R v Birmingham CC ex p Mohammed (1998) 1 WLR 33; (1999) 31 HLR 392, QBD – whether local authority entitled to refuse disabled facilities grant on resources grounds

  • R v Secretary of State ex p Tower Hamlets LBC (1992) 24 HLR 594, QBD – challenge to homelessness Code of Guidance in relation to immigration, intervening on behalf of CRE

Property

  • Sheffield CC v Oliver [2017] EWCA Civ 225; [2017] HLR 23 – major stock refurbishment scheme; statutory third-party climate change funding; service charges; the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning

  • R (Chatting) v Viridian Housing [2012] EWHC 3595 (Admin); [2013] BLGR 118 – community care, human rights and sale of care home

  • Nessa v Tower Hamlets LBC [2010] EWCA Civ 559; [2010] HLR 37 – enforceability of price mistakenly stated in landlord’s right-to-buy offer notice

  • R (Weaver) v LQHT [2009] EWCA Civ 587; [2010] 1 WLR 363; [2009] HLR 40 – whether RSL subject to Human Rights Act

  • R (Vella) v Lambeth LBC [2005] EWHC 2473 (Admin); [2006] HLR 12 – overruling previous case law on whether lack of sound insulation was statutory nuisance

  • Eagle Star v Karasiewicz [2002] EWCA Civ 940 – subrogation of mortgagee

  • Bath & NE Somerset DC v Nicolson [2002] EWHC 674 (Ch) – squatter, adverse possession, implied licence, privilege, acknowledgment of title

  • Lambeth LBC v Rumbelow, ChD, 25 Jan 2001 – squatter, adverse possession, implied licence, estoppel

  • National & Provincial Building Society v Ahmed [1995] 2 EGLR 127, CA – whether defence to mortgage possession proceedings on grounds that lease granted ultra vires

Public Law, Equality & Human Rights

  • Poshteh v Kensington & Chelsea RLBC [2017] UKSC 36; [2017] 2 WLR 1417 – impact of art 6 and degree of judicial scrutiny in homelessness appeals; mental disability and suitability of accommodation

  • R (XC) v Southwark LBC [2017] EWHC 736 (Admin); [2017] HLR 24 – priority star system within housing allocation scheme in favour of working households and those undertaking voluntary activity was justified under Equality Act 2010 despite indirect discrimination against disabled people and women who were volunteer carers

  • Birmingham CC v Stephenson [2016] EWCA Civ 1029; [2016] HLR 44 – impact of serious mental illness and disability discrimination on recovery of possession of introductory tenancy

  • R (YA) v Hammersmith & Fulham LBC [2016] EWHC 1850 (Admin); [2016] HLR 39 – criminal record of care leaver, rehabilitation and spent convictions, whether disqualification from housing register lawful, whether discrimination within housing allocation scheme was proportionate under art 14

  • Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 870; [2016] 1 All ER 988; [2015] HLR 38 – compliance with s11 Children Act 2004 and possession proceedings

  • Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers

  • Ker v Optima Community Association [2013] EWCA Civ 579; [2013] HLR 37 – “Flexi-buy” scheme, possession proceedings and human rights

  • R (Alansi) v Newham LBC [2013] EWHC 3722 (Admin); [2014] HLR 25 – changes to housing allocation scheme, legitimate expectation

  • R (Chatting) v Viridian Housing [2012] EWHC 3595 (Admin); [2013] BLGR 118; [2013] HLR 12 – community care, human rights and sale of care home

  • R (Birmingham Care Consortium) v Birmingham CC [2011] EWHC 2656 (Admin) – rates of payment for residential care home placements; commissioning process; non-intervention by the court

  • R (W) v Birmingham CC [2011] EWHC 1147 (Admin); [2012] BLGR 1 – local government spending cuts and eligibility for community care

  • Ali v Birmingham CC [2010] UKSC 8; [2010] 2 AC 39; [2010] HLR 22 – art 6 and homelessness appeals

  • R (Weaver) v LQHT [2009] EWCA Civ 587; [2010] 1 WLR 363 – whether RSL subject to Human Rights Act

  • R (Bath) v North Somerset Council [2008] EWHC 630; [2009] HLR 1 – whether commitment in tenant consultation document gave rise to legitimate expectation as to manner in which LSVT disposal proceeds should be used

  • R (Island Farm Developments Ltd) v Bridgend County BC [2006] EWHC 2189 (Admin); [2007] BLGR 60 – challenge to decision not to sell land; whether bias/pre-determination

  • R (PS) v Responsible Medical Officer [2003] EWHC 2335 (Admin); [2004] MHLR 1 – compulsory treatment of Mental Health Act patient; judicial review and human rights; judicial determination of diagnosis and treatment

  • Ratcliffe v Sandwell MBC; Lee v Leeds CC [2002] EWCA Civ 6; [2002] 1 WLR 1488; [2002] HLR 17 – whether landlord liable for condensation dampness; human rights, disrepair, defective premises

  • Reigate & Banstead BC v Forrest [2001] EWCA Civ 1510; [2002] QB 1129; (2001) 33 HLR 86 – compatibility of introductory tenancy regime with human rights

  • R (Birmingham Care Consortium) v Birmingham CC [2002] EWHC 2188 (Admin); [2003] BLGR 119 – lawfulness of payment rates for local authority placements in care homes; commissioning process; non-intervention by the court

  • R (Ali) v Birmingham CC [2002] EWHC 1511 (Admin); [2002] HLR 51 – lawfulness of local authority policy on accommodation for EU migrants, community care, children, human rights

Community Care/Court of Protection

  • Birmingham CC v Stephenson [2016] EWCA Civ 1029; [2016] HLR 44 – impact of serious mental illness and disability discrimination on recovery of possession of introductory tenancy

  • R (YA) v Hammersmith & Fulham LBC [2016] EWHC 1850 (Admin); [2016] HLR 39 – criminal record of care leaver, rehabilitation and spent convictions, whether disqualification from housing register lawful, whether discrimination within housing allocation scheme was proportionate under art.14

  • Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 870; [2016] 1 All ER 988; [2015] HLR 38 – compliance with s.11 Children Act 2004 and possession proceedings

  • Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers

  • R (Francis) v Camphill Village Trust [2015] EWHC 1249 (Admin) – judicial review proceedings, accompanying charity proceedings in the Chancery Division, seeking to prevent re-organisation of staffing within care homes

  • R (Mohamed) v Local Safeguarding Children’s Board for Islington [2014] EWHC 3966 (Admin) – death of disabled child at council block; serious case review powers

  • R (Chatting) v Viridian Housing [2012] EWHC 3595 (Admin); [2013] BLGR 118 – community care, human rights and sale of care home

  • R (Birmingham Care Consortium) v Birmingham CC [2011] EWHC 2656 (Admin) – rates of payment for residential care home placements; commissioning process; non-intervention by the court

  • R (W) v Birmingham CC [2011] EWHC 1147 (Admin); [2012] BLGR 1 – local government spending cuts and eligibility for community care

  • R (H) v Birmingham CC [2010] EWHC 3754 (Admin) – community care assessments and introduction of Resource Allocation System

  • Yorkshire Care Developments Ltd v North Yorkshire CC LTL 13/8/2004 (Newcastle, Judge Behrens) – Health and Social Care Act 2001 and preserved rights to state benefits; whether any non-contractual private law claim by care home provider against local authority for unpaid cost of care provision

  • R (PS) v Responsible Medical Officer [2003] EWHC 2335 (Admin); [2004] MHLR 1 – compulsory treatment of Mental Health Act patient; judicial review and human rights; judicial determination of diagnosis and treatment

  • R (Birmingham Care Consortium) v Birmingham CC [2002] EWHC 2188 (Admin); [2003] BLGR 119 – lawfulness of payment rates for local authority placements in care homes; commissioning process; non-intervention by the court

  • R (Ali) v Birmingham CC [2002] EWHC 1511 (Admin); [2002] HLR 51 – lawfulness of local authority policy on accommodation for EU migrants, community care, children, human rights

  • R (Boxall) v Waltham Forest LBC (2001) 4 CCLR 258, QBD – principles for costs orders in JR proceedings

Regulatory

  • R (Mohamed) v Local Safeguarding Children’s Board for Islington [2014] EWHC 3966 (Admin) – death of disabled child at council block; serious case review powers

  • R (Birmingham Care Consortium) v Birmingham CC [2011] EWHC 2656 (Admin) – rates of payment for residential care home placements; commissioning process; non-intervention by the court

  • Knowsley HT v White [2008] UKHL 70; [2009] 1 AC 636 – intervening for the Secretary of State in the radical review by the House of Lords of the law concerning “tolerated trespassers”

  • Riverside HA v White [2007] UKHL 20; [2007] 4 All ER 97 – intervening for Housing Corporation, RSL rent increases

  • Ethical Standards Officer v Hitchens and others, Adjudication Panel for England 0211, 18 Jan 2006 – the landmark Islington councillors ethical standards case concerning appointment of chief executive

  • R (Vella) v Lambeth LBC [2005] EWHC 2473 (Admin); [2006] HLR 12 – overruling previous case law on whether lack of sound insulation was statutory nuisance

  • R (Manchester CC) v Manchester Magistrates’ Court [2005] EWHC 253 (Admin); Times 8 March 2005 – principles to be followed for interim ASBOs without notice

  • R (Birmingham Care Consortium) v Birmingham CC [2002] EWHC 2188 (Admin); [2003] BLGR 119 – lawfulness of payment rates for local authority placements in care homes; commissioning process; non-intervention by the court

  • R v Broadland DC ex p Lashley [2001] EWCA Civ 179; [2001] BLGR 264 – first reported case on powers of standards committees

Social Housing (Chambers UK)

Local Government (Chambers UK)

Administrative & public law (Legal 500)

Property litigation (Legal 500)

Social housing (Legal 500)

Author/co-author/contributor

  • Encyclopedia of Local Government Law (Sweet & Maxwell, looseleaf – contributor, 2003 onwards)

  • Halsbury’s Law of England (5th ed), vol 69, Local Government (Butterworths, 2009 – contributor)

  • Local Government Constitutional and Administrative Law (Sweet & Maxwell, 2nd ed, 2008 – co-author)

  • Local Government Liability Law (Sweet & Maxwell, 2007, author)

  • Housing Law: Pleadings in Practice’ (Sweet & Maxwell, 2nd ed 2003 – co-author)

  • Housing and Human Rights Law (LAG, 2001 – co-author)

  • Human Rights Act 1998: A Practitioner’s Guide (Sweet & Maxwell, 1998 – general editor)

Editor

  • Community Care Law Reports (LAG – Editor and editorial advisory board member, 2005 onwards)

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