Liz Davies KC

Year of Call: 1994(former solicitor, admitted 1989) | Year of Silk: 2022

"Her level of expertise is only matched by her passion for fighting for an individual's right to justice."

Chambers UK, 2024

"Liz Davies KC is extremely helpful, authoritative and timely. She really goes above and beyond."

Chambers UK, 2024

"Liz is a very powerful advocate. Her style is one of highly compelling affability which is a force to be reckoned with."

Legal 500, 2024

"Liz is one of the best housing lawyers, who is able to dissect the most complex and challenging of legal cases. Willing to advise at an early stage, even in the right circumstances pro bono, she has helped numerous client avoid homelessness. Her advocacy is unmatched; it's succinct, nuanced and persuasive."

Chambers UK, 2023

"Liz is one the most important lawyers working in housing law today. Her knowledge is encyclopaedic and that allied with her passion for social justice makes her a formidable barrister."

Legal 500, 2022

"Liz is a superb advocate and knows her areas of law inside out and is one the main authorities on social housing law."

Legal 500, 2021

Contact

To get in touch:​ Or you can contact the relevant​ Practice Team Clerks directly and they will be happy to assist with your enquiry.

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Liz is a social housing silk ranked in Chambers & Partners and the Legal 500. She acts as a consultant to Crisis and has represented Shelter and Housing Law Practitioner's Association pro bono in interventions.

She specialises in all aspects of housing law, with a particular expertise in homelessness and allocation of social housing. She also practises in areas of community care and Children Act cases, particularly where accommodation might be an issue.

She has a particular specialism in domestic abuse and represented Southall Black Sisters and Solace Women’s Aid in the UK Covid-19 Inquiry, Module 2.

Comments on Liz in professional directories, besides those quoted above, include "She is one of the most outstanding, highly regarded and dedicated barristers in the country...She has an infectious passion for social justice and always goes the extra mile for clients." Chambers UK Bar Guide.

She is committed to acting for the homeless, and for tenants and other occupiers, and has a tenacious and practical approach to conducting her cases. She accepts instructions to appear in the Court of Protection and is also a qualified mediator.

Liz was a finalist for the Legal Aid Barrister of the Year Award 2014.

Housing Law

Overview

Liz is a new King's Counsel, appointed in 2022. As a junior barrister, she was ranked as a "Star Individual" in social housing by Chambers UK and as a leading individual in social housing (Tier 1) by the Legal 500.

She has undertaken social housing practice as a solicitor and as a barrister since 1989. She is a specialist in all aspects of social housing law and recognised as a leading authority in homelessness law and the allocation of social housing. She is the co-author of Housing Allocation and Homelessness (Luba, Davies, Johnston & Buchanan, LexisNexis, 6th ed, 2022).

Her practice is in public law issues: she appears in the Administrative Court and Court of Appeal. She was instructed as the housing specialist as part of a team of counsel representing survivors and bereaved families in the Grenfell Tower Fire Inquiry Phase 1. She is currently instructed to represent Southall Black Sisters in Module 2 of the Covid-19 Inquiry.

She acts as a consultant to the homelessness charity Crisis, and assisted in drafting the Homelessness Reduction Act 2018, amendments to the Domestic Abuse Bill relating to homelessness and Crisis’ draft legislation Homelessness and the Prevention of Homelessness (Covid-19 Response) Bill. Liz has also given evidence to the House of Commons Housing Communities and Local Government Select Committee on homelessness and the effect of Covid 19.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Khan v Mehmood [2022] EWCA Civ 791
Liz represented Housing Law Practitioners’ Association, with Marina Sergides, pro bono. The Court of Appeal held that the 10% uplift on general damages, as set out by the Court of Appeal in Simmons v Castle, applied to general damages for breach of repairing covenant. 

When considering whether accommodation broke the chain of causation from an earlier finding that an applicant had become homeless intentionally, the question for a local housing authority is one of fact and degree, taking into account all relevant circumstances. The fact that accommodation may have been overcrowded is a relevant, but not a determinative, factor. The previous Court of Appeal decision of Doka v Southwark LBC, which had referred to an assessment of the relative precariousness of accommodation, was no more than a description of the factual context in that case. Liz led Nick Bano for the appellant.

R (Hoyte) v Southwark LBC [2016] EWHC 1665 (Admin): when a local housing authority is required to accept fresh application for homelessness assistance on the basis of "new facts".

R (Alansi) v Newham LBC [2013] EWCA Civ 3722 (Admin): the issue of legitimate expectation within a local housing authority's allocation scheme.

Holt v Reading Borough Council [2013] EWCA Civ 641, CA: a judge was entitled to make an order for possession setting out the conditions under which the local housing authority should secure alternative accommodation.

Johnson & others v Old [2013] EWCA Civ 415, CA: On the correct construction of a tenancy agreement, a payment made by the tenant at the start of the tenancy pursuant to a requirement in the agreement to pay the first six months' rent in advance was not a tenancy deposit required to paid into a deposit protection scheme, but was the advance payment of rent.

Ali v Birmingham City Council, Moran v Manchester City Council [2009] UKHL 36, [2009] 1 WLR 1506, HL: Women's refuges are not reasonable to continue to occupy and therefore women occupying refuge accommodation are homeless.

Ahad v Tower Hamlets LBC [2008] EWCA Civ 606, CA

R (Kilby) v Basildon DC; [2007] EWCA Civ 479 [2007] H.L.R. 39, CA: (variation of terms of secure tenancies).

R (Conville) v Richmond upon Thames LBC [2006] EWCA Civ 718: local housing authorities may not take into account their own resources when deciding what period would give intentionally homeless families a "reasonable opportunity" of finding their own accommodation.

Al-Ameri v Kensington & Chelsea RLBC [2004] 4UKHL 4, [2004] 2 AC 159, [2004] HLR 20: accommodation provided by NASS does not constitute residence of own choice for purposes of local connection.

Sheffield City Council v Smart [2002] EWCA Civ 04 [2002] HLR 34: human rights defences in possession actions for non-secure tenancies.

Ingle v Scarborough Borough Council [2002] EWCA Civ 290 [2002] HLR 36: home loss payments for secure tenants.

Kacar v London Borough of Enfield [2001] 33 HLR 64 CA: scope of inquiries in homeless applications.

Warsame v London Borough of Hounslow [1999] 32 HLR 335 CA: jurisdiction of County Court to hear appeals against decisions discharging homelessness duties.

First Instance Cases

A list of Liz Davies' first instance cases is available here.

Contact Liz

Administrative and Public Law

Overview

Liz practices in administrative and public law cases which involve housing or community care issues.

Notable Cases

R (Ncube) v Westminster City Council [2021] EWHC 578 (Admin) 
Liz represented Shelter pro bono, as interveners, leading Adrian Berry and Connor Johnston. The Court held that councils can lawfully provide emergency accommodation to rough sleepers who are not eligible for assistance under Part 7 Housing Act 1996, using their powers at s.138 Local Government Act 1972 and/or s.2B National Health Service Act 2006. Shelter’s evidence and legal submissions showed how the government’s guidance on ‘Everyone In’ was being haphazardly interpreted and the devastating impact on those left without help.

R (Hoyte) v Southwark LBC [2016] EWHC 1665 (Admin): when a local housing authority is required to accept fresh application for homelessness assistance on the basis of "new facts".

R (Alansi) v Newham LBC [2013] EWCA Civ 3722 (Admin): the issue of legitimate expectation within a local housing authority's allocation scheme.

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Court of Protection

Liz accepts instructions to appear in the Court of Protection and has provided training and written case updates on capacity, deprivation of liberty and other Court of Protection issues.

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Mediation

Liz is a qualified mediator. Further details can be found on the Garden Court Chambers Mediation website.

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Public Inquiries

Liz Davies KC represents Southall Black Sisters and Solace Women's Aid in the UK Covid-19 Inquiry. She leads Marina Sergides, Ubah Dirie, Angharad Monk, and Fatima Jichi of Garden Court, instructed by Helen Mowatt of Public Interest Law Centre (PILC). Coverage in BBC NewsThe Independent and Evening Standard.

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Pro Bono Work

Liz is on the panel for the Bar Pro Bono Unit. Liz has represented Shelter pro bono in cases where Shelter was the intervener, including R (Ncube) v Brighton & Hove Council. She also represented Housing Law Practitioners’ Association in Khan v Mehmood.

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Notable Cases & News

Garden Court counsel make closing submissions to UK Covid Inquiry Module 2

Garden Court counsel make closing submissions for Module 2 of the Covid-19 Inquiry.

15 December 2023

Garden Court counsel question Boris Johnson at UK Covid-19 Inquiry

Rajiv Menon KC, Leslie Thomas KC, Brenda Campbell KC, Liz Davies KC & Bethan Harris questioned Boris Johnson at UK Covid-19 Inquiry Module 2.

7 December 2023

Garden Court counsel question Matt Hancock at UK Covid-19 Inquiry

Rajiv Menon KC, Leslie Thomas KC, Liz Davies KC & Bethan Harris questioned Matt Hancock at UK Covid-19 Inquiry Module 2.

1 December 2023

Liz Davies KC and Kirsten Heaven question Dominic Raab MP at UK Covid-19 Inquiry

Our Liz Davies KC and Kirsten Heaven questioned Dominic Raab MP at UK Covid-19 Inquiry Module 2.

29 November 2023

Liz Davies KC presents evidence to the Renters (Reform) Bill Scrutiny Committee

Liz Davies KC, Joint Head of Garden Court Chambers, presented evidence to the Renters (Reform) Bill Scrutiny Committee.

16 November 2023

Leslie Thomas KC and Liz Davies KC question Dame Priti Patel at UK Covid-19 Inquiry

Last week, our Leslie Thomas KC and Liz Davies KC questioned Priti Patel at Module 2 of the UK Covid-19 Inquiry.

13 November 2023

Liz Davies KC contributes to Wales Expert Review Panel Report on Homelessness

Liz Davies KC, Joint Head of Garden Court Chambers, was the legal adviser to this important report, part of the Welsh Government's work on ending homelessness in Wales.

5 October 2023

UK Covid-19 Inquiry Module 2 Continues - Opening statement on behalf of Core Participants

Several Garden Court Barristers are representing core participants at the UK Covid-19 Inquiry.

4 October 2023

UK Covid-19 Inquiry Module 2 - Opening statement on behalf of Core Participants

Several Garden Court Barristers are representing core participants at the UK Covid-19 Inquiry.

3 October 2023

UK Covid-19 Inquiry first substantive hearing underway - Garden Court counsel instructed

Numerous Garden Court Chambers counsel, of the Garden Court Inquests & Inquiries Team, are instructed in the UK Covid-19 Inquiry.

13 June 2023

UK Covid-19 Inquiry Module 2 - Opening statement on behalf of Core Participants

Members of the Garden Court Inquests & Inquiries Team delivered opening statements on behalf of Core Participants.

1 March 2023

Garden Court Housing Team responds to Government’s “Technical consultation on changes to the homelessness legislation”

Consultation response by Liz Davies KC and Connor Johnston on behalf of the Garden Court Chambers Housing Team.

23 January 2023

Court of Appeal clarifies that 10% uplift in damages applies in housing disrepair cases

Liz Davies QC and Marina Sergides of the Garden Court Chambers Housing Team acted for the interveners, HLPA pro bono, instructed by Dan Fitzpatrick at Hodge Jones Allen solicitors.

21 June 2022

Garden Court responses to government consultations on domestic abuse

11 May 2022

Housing Allocation & Homelessness Law & Practice 6th edition out now

Co-authored by His Honour Judge Jan Luba QC and members of the Garden Court Chambers Housing Team, Liz Davies, Connor Johnston and Tessa Buchanan.

28 January 2022

Nicola Braganza, Mark Gatley and Liz Davies of Garden Court Chambers to be appointed Queen’s Counsel

Garden Court Chambers is delighted to announce that Nicola Braganza, Mark Gatley and Liz Davies of Garden Court Chambers will be formally appointed Queen’s Counsel in 2022.

22 December 2021

High Court rules on access to emergency accommodation during pandemic to people usually ineligible for support

Liz Davies, Adrian Berry and Connor Johnston of the Garden Court Chambers Housing Team were instructed to represent Shelter.

11 March 2021

Settled accommodation – Doka revisited

Blog by Connor Johnston. Liz Davies and Nick Bano of the Garden Court Housing Team acted for the Respondent Ms Broderick.

15 December 2020

Homelessness, ‘settled’ accommodation and overcrowding

Liz Davies and Nick Bano of the Garden Court Chambers Housing Team represented the applicant, instructed by Grainne McCormack of Gillian Radford solicitors.

25 November 2020

Justice Committee call for evidence: The Future of Legal Aid - Response of Garden Court Chambers

Garden Court submission to Parliamentary Justice Committee Inquiry into future of legal aid. Legal Aid is at a critical point in its history and its future is beyond being described as a “crisis”. It needs urgent significant additional funding if it is to

19 October 2020

Crisis unveils draft emergency legislation to end rough sleeping and homelessness

Adrian Berry, Liz Davies and Connor Johnston of the Garden Court Housing Team worked with Crisis to draft the legislation.

1 July 2020

Crisis unveils draft emergency legislation to end rough sleeping and homelessness

Adrian Berry, Liz Davies and Connor Johnston of the Garden Court Housing Team worked with Crisis to draft the legislation.

1 July 2020

Significant challenge to Lambeth’s housing policy conceded

Two members of Garden Court’s Housing Team, Liz Davies and Nick Bano, have been involved in bringing an important challenge to Lambeth Council’s allocations and homelessness policy.

25 June 2020

Rapid Consultation: The impact of COVID-19 measures on the civil justice system

Garden Court Chambers' response to the rapid consultation on the impact of COVID-19 measures on the civil justice system.

15 May 2020

Housing Allocation and Homelessness: Law and Practice (LexisNexis 5th ed. 2018) now available free of charge

HHJ Jan Luba QC, Liz Davies, Connor Johnston and Tessa Buchanan are pleased to announce that Housing Allocation and Homelessness: Law and Practice (LexisNexis 5th edition 2018) is now available as a pdf free of charge.

16 April 2020

Court of Appeal provides important guidance on late homelessness appeals, recognising the “difficulties faced by homelessness applicants in bringing an appeal… without legal advice and representation”

Liz Davies and Connor Johnston of the Garden Court Housing Team were instructed by Freshfields Bruckhaus Deringer LLP, on behalf of the intervener Shelter. They all acted pro bono.

30 January 2020

Judy Khan QC, Stephanie Harrison QC and Liz Davies appointed as Joint Heads of Garden Court Chambers

Garden Court Chambers is pleased to announce that Stephanie Harrison QC and Liz Davies have been newly elected as Joint Heads of Chambers. They join Judy Khan QC who continues as Joint Head of Chambers.

27 January 2020

Garden Court Housing Team responds to Ministry of Housing, Communities & Local Government consultation on 'A new deal for renters'

The Garden Court Housing Team welcomes the government’s proposal to abolish no fault evictions (based on s.21 Housing Act 1988).

15 October 2019

15 members of Garden Court Chambers appointed to Equality and Human Rights Commission Panel of Counsel

Stephanie Harrison QC, Amanda Weston QC, Bethan Harris, Liz Davies, Grace Brown, Timothy Baldwin, Mark Symes, Joanne Cecil, Stephen Marsh, Anthony Vaughan, Shu Shin Luh, Connor Johnston, Gráinne Mellon, Tessa Buchanan and Miranda Butler.

16 May 2019

'Crisis, what crisis?'

Liz Davies of the Garden Court Chambers Housing Team gave the keynote speech titled “Crisis, what crisis?” at the Housing Law Practitioner’s Association Annual Conference on 12 December 2018.

19 December 2018

Housing Allocation and Homelessness Law & Practice Fifth edition now published

The textbook was written by His Honour Judge Jan Luba QC, Liz Davies, Connor Johnston and Tessa Buchanan.

15 August 2018

Liz Davies appearance on BBC Radio 4 'Unreliable Evidence'

Liz Davies appeared on BBC Radio 4's 'Unreliable Evidence' programme.

14 September 2017

The Garden Court Chambers Housing Team respond to the consultation of Terms of Reference of the Grenfell Tower Inquiry

The Grenfell Tower Inquiry has called for responses to the consultation of Terms of Reference.

3 August 2017

Appeal against Southwark’s decision that woman with auto-immune disorder and depression was not a ‘vulnerable’ homeless person in priority need

Liz Davies of the Garden Court Chambers Housing Team represented the appellant.

1 August 2017

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Social Welfare Updates

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Background

Liz started her professional life as a solicitor at TV Edwards, working in Tower Hamlets and Hackney. She developed a specialism in housing law as a solicitor. She came to the Bar in 1994.

She is a well-known labour movement and peace activist. She was a Labour councillor in Islington between 1990 and 1998 and chaired the council's women's committee. She regularly writes and speaks on issues involving civil liberties, social justice, anti-war and anti-racism campaigns.

Liz is honorary Vice-President of the Haldane Society.

Liz is also appointed to the Equality and Human Rights Commission's preferred Panel of Counsel (Panel A).

Publications

Housing Allocation and Homelessness: Law and Practice, co-author with HHJ Jan Luba KC, Connor Johnston and Tessa Buchanan (LexisNexis, 2022, 6th edition). A description and reviews are available here.

Contributor to Housing Law Handbook (Cottle et al, Law Society, 2009)

The Homelessness Act 2002: Special Bulletin (Jordans, 2002) co-author with Jan Luba KC.

Regular contributor to housing law journals and to the Socialist Lawyer (Haldane Society of Socialist Lawyers)

Through the Looking Glass: a dissenter inside New Labour (Verso, 2001)

Contributor to Red Pepper, magazine, Morning Star newspaper and Tribune newspaper.

Training and Seminars

Liz regularly speaks at conferences and training events, principally on aspects of homelessness or allocation of social housing law, but also on other areas of housing law.

Her keynote speech to Housing Law Practitioners Association, delivered on 12 December 2018, is available on our website. She delivered the closing address to Housing Law Practitioners Association Conference on 17 November 2022.

Education

  • LL.B University College London (1985)
  • Former solicitor, qualified 1989

Professional Membership

  • Honorary Vice-President of the Haldane Society
  • Liberty
  • Justice
  • Housing Law Practitioners Association
  • LAG
  • Administrative Law Bar Association

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