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Home > Tenants > Sebastian Elgueta

Sebastian Elgueta

  • Call: 2014

Practice

Sebastian practises primarily in civil law, particularly housing and homelessness law.

Housing / Homelessness

Sebastian has a wide range of experience in housing matters. He has acted for tenants and mortgagors in possession proceedings focussed on arrears, anti-social behaviour, succession,  ‘parting with possession’ and unlawful eviction, amongst other areas. He has a growing homelessness appeals practice and experience of allocation matters.

There is frequent crossover with mental health, family and discrimination law in Sebastian’s cases and he is regularly instructed to represent vulnerable clients. He has been noted for his ability to explain law and procedure in plain language and provide an understanding environment for clients under stress.

He also often advises and represents clients in housing and property-related areas such as leasehold disputes between businesses and claims brought by local authorities seeking to rescind ‘right-to-buy’ conveyances, amongst other areas.

Civil

Sebastian has also acquired experience in claims against the police and other public authorities. He has acted in an anti-gang injunction brought against a youth by the police, has advised in a data protection claim against the police and acted in an application for a jury trial in a claim against the police.

Sebastian has also advised and represented individuals and commercial clients in contractual disputes.

Notable cases

R (Hakima Alemi) v Westminster City Council [2015] EWHC 1765 (Admin)
As a pupil Sebastian assisted Tim Baldwin (led by Jan Luba QC). The local authority’s denial of bidding rights for the first 12 months to those to whom it accepted a homelessness duty was found to be unlawful.

Publications

‘A Human Rights Murder Mystery in Guatemala: Alternative Formats for Reporting on Complex Challenges to Human Rights.’ Journal of Human Rights Practice [2010] 3 408 – 421.

Awards

Middle Temple, Winston Churchill award 2011.

Background

Sebastian completed his pupillage at Garden Court Chambers under the supervision of Maya Sikand, Tim Baldwin and Marc Willers QC.

Prior to coming to the Bar Sebastian worked at the International Secretariat of Amnesty International as a Researcher focussing on Guatemala, Panama and Costa Rica. He worked on numerous issues including evictions of rural indigenous communities, genocide and war crimes committed during the civil war, corporate accountability (mostly mining companies), violence against women and extrajudicial executions. His work included research and advocacy with governments, UN treaty bodies and representing the organisation in the media.

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