Public and Administrative

Property Judicial Review

Judicial review plays an increasingly important role in property disputes. Where one party is a public authority, then public law principles may impinge on the decision-making process and on powers to e.g. waive alleged defects in notices. Often the public authority is regulating the use of property, whether by way of planning restrictions or by way of licensing laws.

Overview

Our clients include all levels of government (central, local and devolved administrations), together with tenants, private landlords and representative bodies.

We are uniquely placed at the Bar as experts in public and property law and are ranked (both as a Chambers and individual members) in both Chambers and Partners and the Legal 500 in all relevant areas. Examples of recent cases include:

R (Annington Property & others) v Secretary of State for Defence [2023] EWHC 1154 (Admin) – whether the Secretary of State could rely on the leasehold enfranchisement legislation to re-acquire properties previously sold
R (Kalonga) v Croydon LBC [2022] EWCA Civ 670 – whether a local authority could extend time for the service of a notice in respect of its decision to seek possession of a flexible tenancy
R (Fisher) v Durham CC [2020] EWHC 1277 (Admin) – interaction between the Equality Act 2010 and the Environmental Protection Act 1990 where a disability was the reason for the claimant committing the statutory nuisance
R. (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2020] EWCA Civ 542 – the “right to rent” scheme and its compatibility with the Human Rights Act 1998.