Free Webinar - Representing incapacitous clients in housing cases

Tuesday 5 December 2023

This webinar was brought to you by the Garden Court Housing Team.

Date: Tuesday 5 December 2023
Time: 5.30pm - 6.30pm
Venue: Online  
Cost: Free
Areas of Law: Housing Law

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This webinar addressed the range of legal, procedural and tactical issues arising when representing clients in housing matters in the County Court.

Speakers explored practical approaches to managing litigation in this context, including scenarios where litigation capacity and subject matter capacity may intersect.

Topics included:

  • Identifying and exploring capacity issues;
  • Appointment of a litigation friend, funding and costs risks
  • Understanding the distinction between a protected party and a protected beneficiary;
  • Specific litigation contexts, such as rent arrears possession, disrepair claims and counterclaims, and anti-social behaviour;
  • Complex cases concerning hoarding;
  • Capacity and discrimination claims and damages.

Speaker Panel

Bethan Harris, Barrister, Garden Court Chambers (Chair)
Bethan Harris is an experienced barrister specialising in community care law, social housing, Court of Protection and related areas of public law. Bethan's housing work includes homelessness appeals, judicial review, Children Act 1989, housing benefits, Equality Act 2010 issues, mental capacity and housing, and cases involving both housing and community care law. She appeared for the Equality and Human Rights Commission to obtain an injunction against a landlord's unlawful lettings policy (EHRC v Wilson).

Tim Baldwin, Barrister, Garden Court Chambers 
Tim Baldwin is ranked in Chambers UK for Social Housing and is identified as a leading junior in the Legal 500 for Social Housing. Tim is known for his fierce commitment to representing vulnerable, marginalised and disadvantaged clients.

Tim often acts in cases where the tenant has mental health issues and specialist community care needs, in complex cases involving welfare benefits or concerning social care for adults or children, in tenant claims against local authorities and landlords, and advises on the allocation of social housing.

Angharad Monk, Barrister, Garden Court Chambers 
Angharad is a housing law specialist. She regularly conducts work across all areas of housing law, including homelessness, allocations, possession, disrepair, in addition to accommodation related aspects of community care law. Angharad’s comprehensive knowledge of housing law enables her to provide practical advice and creative solutions in complex cases. 

Angharad is ranked for Social Housing as a Tier 1 Rising Star in the Legal 500 2024.

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