PracticeAlex is an experienced housing law practitioner with particular expertise in public law and human rights. He has appeared for the occupier of the land in a number of the most significant cases in this area: - Doherty and others v Birmingham City Council [2008] UKHL 57, [2009] 1 AC 367
- Kay and others v Lambeth LBC; Price and others v Leeds City Council [2006] UKHL 10, [2006] 2 AC 465
- Connors v United Kingdom (2005) 40 EHRR 9
His practice regularly takes him to the Administrative Court and has taken him to both the House of Lords and the European Court of Human Rights where his successful oral submissions in Connors v UK are the highlight of his career to date. Although particularly expert in possession cases, Alex has extensive experience over a much wider range, including homelessness, housing allocation, unlawful eviction, disrepair and disability discrimination. The latter is of particular interest to him for personal reasons. In his work with the Gypsy and Traveller community he is familiar with planning inquiries, planning enforcement (in both the civil and criminal courts) and associated challenges to decisions. Alex's public law and human rights work is naturally focused on housing issues and he is a genuine specialist in this area, particularly in cases involving the Gypsy and Traveller community. His experience is, however, more extensive, including challenges to homelessness decisions, vehicle licensing and funding decisions of the LSC. He is an accredited mediator and is just completing the final phase of his training in ADR. Alex is also Direct Professional Access accredited. In addition to his work at the Bar, Alex spent five years as the chair of his local Law Centre in Leeds, between 1999 and 2004. BackgroundAlex went into law because he wanted to do something that made a real, practical difference to ordinary people's lives and because he wanted a way to fight for those at the bottom of society. His door tenancy at Garden Court Chambers offers him the chance to do just that. Notable CasesDoherty and others v Birmingham City Council [2008] UKHL 57, [2009] 1 AC 367
Counsel at first instance, junior counsel in the Court of Appeal and House of Lords. Can Article 8 provide a defence to a claim for possession by a landowner otherwise absolutely entitled to possession in domestic law? Further modification of the law as laid down in Kay and Price and Harrow LBC v Qazi. Public law defences in the county court. R (on the application of McCarthy and others) v Basildon DC [2009] EWCA Civ 13
Counsel for the residents of the "Dale Farm" Gypsy and Traveller site in Basildon. Challenge to decision to evict. Successful application for quashing order in High Court overturned in Court of Appeal. Kay and others v Lambeth LBC; Price and others v Leeds City Council [2006] UKHL 10, [2006] 2 AC 465
The precursor to Doherty. Counsel at first instance and in the Court of Appeal in Price, junior counsel in the House of Lords. Limited modification of the law as laid down in Qazi to take account of the judgment of the ECtHR in Connors v UK (see below). Connors v United Kingdom (2005) 40 EHRR 9
Counsel for Mr Connors. Lack of security of tenure for Gypsies and Travellers in UK law and the eviction of the applicant without an opportunity to challenge the factual allegations made against him held to be contrary to Article 8 ECHR. McGlinchey v United Kingdom, 29.4.03, application no. 50390/99
Successful application to the ECHR for a violation of Article 3 following the death of the applicant in prison while suffering from the effects of heroin withdrawal. Dunn and another v Bradford MDC; Marston and another v Leeds City Council [2002] EWCA Civ 1137; Times, September 5, 2002
Counsel for the Marstons in a case concerning the definition of "execution" within s.85(2) of the Housing Act 1985. PublicationsContributing editor to Cohabitation Law & Precedents, Sweet & Maxwell, 2011 Ed. Professional Memberships- Housing Law Practitioners Association (HLPA)
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