As 2010 draws to a close, Garden Court barristers have once again been at the forefront of the law as these recent cases demonstrate.
Stephen Knafler QC together with Kathryn Cronin (Garden Court) and Bryony Poynor (Garden Court North) represented the thee children in the test case of R (BT and others) v Secretary of State for the Home Department [neutral citation awaited]. Mr Justice Davis held that it was was lawful to remove unaccompanied asylum-seeking children under Dublin II to the State where they first claimed asylum, and otherwise than for the purposes of family reunion. He also held that States were not always required to ascertain and consult about child-specific reception arrangements. Mr Justice Davis granted permission to appeal to the Court of Appeal on the first issue. The children are also appealing on the second issue.
Lord Justice Sedley refused the landlord permission to appeal in Stephen Knafler QC's case of Bilgili v Paddington Churches Housing Association  EWCA Civ 1341. Lord Justice Sedley confirmed that the landlord was liable for condensation damp and mould, under section 11 of the Landlord and Tenant Act 1985, because its removal of metal windows and extract ventilation, and its installation of UPVC sealed window units, had caused those problems.