Public & Administrative Law
"Garden Court Chambers is a trusted set, with a proven commitment to tackling public law cases relating to such areas as immigration, prison law, inquests and claims against public authorities. Many solicitors name this set as their first port of call because the barristers "have great efficiency, are able to pinpoint legal arguments and can process the paperwork straight away." It is also extremely well clerked, according to those that instruct it."
Chambers UK 2012
"Garden Court Chambers is the 'pre-eminent chambers for public law work relating to social housing'. Jan Luba QC has a 'compelling courtroom presence', Stephanie Harrison provides 'succinct and well-ordered arguments', and Stephen Simblet is 'thorough and committed'."
The Legal 500 2011
"Garden Court Chambers fields a 'very sharp' team, featuring Jan Luba QC, who 'has the ability to make the most complex areas of law comprehensible'"
The Legal 500, 2010
Garden Court has a long and distinguished history of challenging the decisions of a wide range of public bodies including courts and tribunals, the police, housing authorities, social services, the Home Office, hospitals, schools and prisons. Public and administrative law challenges arise in nearly all of Chambers' specialist areas and our team is made up of practitioners from each of these areas, at all levels of seniority.
Our well known expertise in human rights jurisprudence means that we are fully prepared to deal with public law cases involving alleged violations of ECHR rights (whether it be in the context of the use of control orders against terror suspects, the eviction of Gypsies and Travellers or general fair trial rights ). We also bring this experience to bear on the question of the proper test for judicial review as well as in relation to damages claims under the Human Rights Act 1998.
The following are more recent examples of the kind of public law / judicial review challenges undertaken by the team:
Supreme Court/House of Lords cases
R (Payne & Cooper) v Secretary of State for Work and Pensions (2011) Concerning the power of the Secretary of State to make deductions from social security benefit entitlements to recover overpayments and Social Fund loans. [2011] UKSC 60
London Borough of Hounslow v Powell (2011) Whether an 'introductory tenant' against whom a county court judge 'must' (by statute) make a possession order can defend the claim relying on Art. 8 ECHR. [2011] UKSC 8
Manchester City Council v Pinnock (2010) Now the leading case on the impact of Art. 8 of the Human Rights Convention upon housing possession claims made by social landlords. [2010] UKSC 45
A v Essex County Council (2010) Failure to provide a severely disabled child with a minimally acceptable standard of education to meet his special educational needs did breach Art. 2 Protocol 1 of the ECHR. [2010] UKSC 33.
Secretary of State for the Environment, Food and Rural Affairs v Meier and Ors (2009) The Court had no power to make a wide possession order in circumstances where part of the land to which it related had not been occupied by the Travellers. [2009] UKSC 11
Birmingham City Council v Ali and others (2009) Women occupying rooms in women's refuges, having fled domestic violence should be treated as "homeless" within it's statutory definition and be entitled to homelessness assistance under Part 7 Housing Act 1996. [2009] UKHL 36
Court of Appeal Cases
FZ, R (on the application of) v London Borough of Croydon (2011) The leading case on the threshold for grant of judicial review in disputes over the age assessment of young people. [2011] EWCA Civ 59
Buckinghamshire County Council v Kingston Upon Thames Royal London Borough (2011) A local authority, in moving a person whose care it had funded into supported housing in another local authority's area following a needs assessment had been under no duty to consult the other local authority. [2011] EWCA Civ 457
R (Mack) v HM Coroner for Birmingham (2011) Successful appeal to the Court of Appeal in a judicial review claim against a coroner. Obtained a fresh inquest in a case of a death in hospital from clostridium difficile, against a background of serious medical failings. [2011] EWCA Civ 712
R (RO) v East Riding of Yorkshire Council (2011) Court of Appeal judgment on inter-play between s20 Children Act 1989 and Part IV of the Education Act 1996. [2011] EWCA Civ 196
Anam v Secretary of State for the Home Department (2010) Concerned the legality of detention under the Immigration Act 1971, with particular reference to the failure of the Secretary of State to apply his own policy on the detention of the mentally ill. [2010] EWCA Civ 1140
R (Clue) v Birmingham (2010) A local authority had been wrong to deny assistance to a family awaiting a decision on their application for indefinite leave to remain in the UK. Consideration should have been paid to their welfare whilst their application was in process.[2010] EWCA Civ 460
YD (Togo) v Secretary of State for the Home Department (2010) When considering the effect of removal on an applicant's right to private life under the European Convention on Human Rights 1950, an applicant's contribution to society could be considered in the balancing exercise. [2010] EWCA Civ 214
High Court Cases
R (on the application of Amin Sino) v Secretary of State for the Home Department (2011) Successful judicial review challenge to the lawfulness of decision to detain Amin Sino pending deportation. [2011] EWHC 2249 (Admin)
R (on the app. of Birara) v Hounslow London Borough Council (2010) Case concerned the 'child leaving care duties' of the local authority and responsibilities under s.23c of the Children Act 1989, once the claimant reached the age of 21 and the continuation of care in the form of a pathway plan. [2010] EWHC 2113 (Admin)
R (Raw) v Lambeth London Borough Council (2010) Regarding the duties of a local authority under s.186 of the Housing Act 1996 to continue with a homelessness application from an applicant whom it had also referred to a private lettings agent. [2010] EWHC 507
R (Humberstone) v Legal Services Commission (2010) Successful judicial review of the Legal Services Commission's refusal to fund the mother of the deceased at an inquest. [2010] EWHC 760 (Admin)
R (on the application of EW) v Secretary of State for the Home Department (2009) Lead case for 500 asylum seekers resisting return to Italy as a safe third country for consideration of their asylum cases. This case was critical in developing the arguments which led to the referral of the parallel litigation in the Greek third country cases to the Court of Justice for the European Union. [2009] EWHC 2957 (Admin)
R (Boyejo) v Barnet London Borough Council; R (Smith) v Portsmouth City Council (2009)
Local authority decisions to withdraw residential warden services were unlawful in breach of the Disability Discrimination Act 1995. [2009] EWHC 3261 (Admin)
R (on the application of V) v Redbridge Magistrates' Court & Director of Public Prosecutions (2009) (no link) Quashing the conviction of a mentally vulnerable man who had been convicted and imprisoned despite being unfit to plead. [2009] EWHC 836 (Admin)
R (Garbet) v Circle 33 Housing Trust (2009) A housing association's decision to withdraw residential warden services was unlawful because there had been a contractual obligation to provide those services and because those services had been withdrawn without prior consultation. [2009] EWHC 3153 Admin
R (McCarthy and Others) v Basildon District Council and the Equality and Human Rights Commission (2008) Challenge to a decision to take direct action to evict a large encampment of Irish Travellers. [2008] EWHC 987 (Admin)
European Cases
Secretary of State for Work and Pensions v Dias (2011) Whether an EC Residence Permit confers eligibility for income support on a single female head of household who left work to care for her child by virtue of Article 16 of Directive 2004/38/EC or Article 18 of the EC Treaty. [2011] EUECJ C-325/09
Kay and Ors v UK (2010) Occupied "short-life property; secure tenancies; relationship of principal and agent; Housing Act 1985. ECHR App. No. 37341/06
Teixeira v London Borough of Lambeth (2010) Whether an EEA national who is both a former worker and the primary carer of her children who are in education, is eligible for homelessness assistance. [2010] EUECJ C-480/08
McCann v United Kingdom (2008) Successful case at first instance before Qazi in the House of Lords was decided , then lost in Court of Appeal and took case to European Court of Human Rights which involved detailed written submissions. The Court gave classic exposition of Article 8 as we always understood it, recently influential in decision of Manchester CC v Pinnock [2010] UKSC 45. ECHR App. No 19009/04.
This large claimant set leads the way in housing, immigration and criminal law, and draws its public and administrative law work from these areas. Barristers here have a reputation for being "clever, likeable and approachable." Chambers UK
Civil Clerks
If you would like more information about our Public & Administrative Law team email the clerks civilclerks@gclaw.co.uk or call us on 020 7993 7600
The team
Members of the Public & Administrative Law team are listed below - click on their names to go to their profiles.
