Kerry Bretherton

Call:1992

Introduction and Contact details

Kerry is a specialist in the field of Public Law, Housing, Property, Planning and Costs.  She accepts direct access work. She has a mixed practice acting for both local authorities and applicants/tenants and provides a prompt response to instructions. Kerry has an impressive record of success in borderline cases and regularly appears in the Court of Appeal.

"...redoubtable." - Chambers UK (2009)

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234
Email: kerry.bretherton@hardwicke.co.uk

Professional Negligence

Kerry has a wide experience of advising in relation to and acting in a broad array of actions both for and against solicitors, surveyors, valuers and other property professionals.

Occupiers Liability

Kerry accepts instructions in this subject area; her work in this area naturally overlaps with her work for Local authorities, social landlords and tenants.

PROPERTY & PRIVATE CLIENT

Inheritance & Probate

Kerry has acted in a number of significant cases in this area ranging from contested wills and disputes relating to the administration of estates to trusts creation.

Land & Real Property

She has significant experience of rent review and all aspects of real property including easements, boundaries, trusts of land, leasehold enfranchisement, adverse possession and equitable remedies.

Landlord & Tenant – Residential

Hardwicke Building has a strong network of talented lawyers in this field. Kerry has excellent experience in all areas of residential landlord and tenant work, including:

• disputes over the nature or status of a tenancy
• service charges disputes
• disrepairs disputes
• unlawful eviction
• forfeiture and repossession

Relevant Cases

Alexander-David v Mayor and Burgesses of the London Borough of Hammersmith and Fulham [2009] EWCA Civ 259
The issue was whether the purported grant of a tenancy to a minor operated such that the tenancy was held in trust for the minor or whether the Council had granted an equitable tenancy and whether the Council was in breach of trust in serving a notice to quit.
Brent LBC v Doughan [2007] EWCA Civ 135
Argued before May LJ, Longmore L, Smith LJ in which a decision to dismiss a claim for possession and for committal on the basis of anti-social behaviour was upheld.

Gay v (1) Sheeran (2) Enfield LBC [2000] 1 W.L.R. 673
Argued before Peter Gibson LJ, Ward LJ and Chadwick LJ (led by Andrew Arden QC) in which it was held that the court had no power under the Family Law Act 1996 to make a transfer order in respect of an interest in a joint tenancy where a third party also had an interest in the tenancy.

Planning

Kerry accepts instructions on all aspects of planning issues and applications from government bodies and private individuals, including inquiries, JR and environmental assessments.

Social Housing

The Social Housing team at Hardwicke is ranked as one of the leading sets at The Bar: “Hardwicke Building is increasingly emerging as a force to be reckoned with in social housing” state Chambers UK 2009.

Kerry has acted for registered social landlords, public-sector tenants, local authorities and companies exercising public functions.

Relevant Cases

Ryan v London Borough of Islington [2009] EWCA Civ 578
Case concerns the question of whether notices served in accordance with the Right to Buy procedure were valid. 

Trusts

This subject area naturally overlaps with her work in Inheritance and Probate. She has experience creating and examining trusts for a variety of clients.

Trusts of Land

Hardwicke Building has a strong team in this area of law. Kerry accepts instructions to give advisory work as well as practical work. She has received commendation amongst property law practitioners as well as clients.

PUBLIC LAW

Kerry’s practice includes Public Law including community care, disability discrimination, allocations and homelessness and Convention Rights, Housing including right to buy, succession and the more complex anti-social behaviour and disrepair cases and Costs, including issues relating to the validity and operation of CFAs.

Allocations & Homelessness

Kerry has argued in front of the highest appeal courts and has experience:

• running public law defences to possession actions
• representing appellants and local authority respondents
• judicial reviews of local authority homelessness and allocation decisions
• statutory homelessness appeals in the county court
• unlawful eviction and harassment claims

Relevant Cases

Birmingham CC v Avril Lee [2008] EWCA Civ 891
Led by Guy Mansfield QC, before Thomas LJ, Hughes LJ, and Rimer LJ.
Held that costs incurred under the protocol prior to allocation were recoverable but that it was not appropriate to address this issue at trial.

Waltham Forest LBC v Davis Maloba & Law Society (Interested Party) [2008] 1 WLR 2079
Argued before Sir Igor Judge (President QB) Carnwarth LJ, Toulson LJ in which it was held that parts of the definition of homelessness had to be construed purposively.

Houda Harouki v Kensington & Chelsea RLBC [2008] 1 W.L.R. 797
Argued before Ward LJ, Thomas LJ and Richards LJ in which it was held that a family which was overcrowded to an extent that a criminal offence was committed under the Housing Act 1985 was nonetheless not homeless.
 
Osseily v Westminster CC [2007] EWCA Civ 1108
Argued before Laws LJ, Gage LJ and Rimer LJ in which it was held there was no continuing duty to keep occupation open for an application seeking assistance under Part VII Housing Act 1996.

Benefits & Social Welfare

Kerry is regularly instructed in claims related to all types of welfare benefit, including:

• housing benefit
• income support
• jobseeker’s allowance
• disability living allowance
• council tax exemptions and benefit
• tax credits

Relevant Cases

Best v Oxford City Council [2009] EWHC 608 (Admin)
The case concerned arguments that the local authority were obliged to provide suitable accommodation which was affordable having regard to the applicant’s ineligibility for housing benefit.

Central & Local Government

Kerry represents a variety of clients in the field of social benefit, housing and administrative law. She has experience both representing and prosecuting government bodies.

Relevant Cases

R (On the application of W) v Sheffield CC [2005] EWHC 720 (Admin)
Argued before Gibbs J, in which it was held that the applicant was seriously vulnerable and there was  incontrovertible evidence that his only support was in Westminster. As either Sheffield or Westminster needed to accommodate they needed to co-operate and a preliminary order pending a decision in the County Court was made.

R v Newham LBC ex parte Denise Joanne Morris [2002] EWHC 1262 (Admin)
Argued before Jackson J in which a claim for damages for alleged breach of statutory duty failed.

Williams v Southwark LBC (2000) LGR 646
Argued before Lightman J (led by Andrew Arden QC) in which it was held that a council did not have to account for sums, received from insurers, which were payable for services rendered by it in the administration of claims made under those policies.

Community Care

Kerry has a great deal of experience in what is a complicated and sensitive area of law. She has built up a history of highly satisfied clients.

Court of Protection & Mental Capacity

Kerry is involved in a number of high profile cases in this area which raise issues of wide ranging significance and complexity.  She is noted for the breadth of her knowledge which enables her to bring added value to such cases including the full range of issues related to mental health, DOLS and Article 5, but also benefits, and landlord and tenant.  Kerry’s public law background is a great asset in this developing area of the law.   The nature of such cases is that they are often urgent and Kerry is able to advise extremely quickly.  Kerry provides training in this area.

Discrimination

Kerry has a great deal of experience in this area and accepts instructions from both private clients and local authorities, particularly in relation to disabled and mentally handicapped cases.

Relevant Cases

Stokes v Mayor and Burgesses of the London Borough of Brent [2009] EWHC 1426 (QB)
It was alleged that the Council were racially discriminating and or acting in breach of the human rights of a traveller.

Education

Chambers UK Legal Directory 2009 Edition described the Education team at Hardwicke Building as “helpful, readily available and talented”. Kerry has advised on a number of complex and difficult cases and achieved a commendable degree of success in such cases.

EU Law

Kerry has achieved significant renown as a public law specialist and has argued in some of the most significant cases to impact on European law, including matters such as free movement of workers and discrimination issues.

Relevant Cases

Mohammed Barry v Southwark LBC [2008] EWCA Civ 1440
Case heard before Arden L.J. Thomas L.J., Lloyd L.J. in which it was held that two weeks employment qualified a Dutch citizen as a “worker” under the Immigration (European Economic Area) Regulations 2006.

Healthcare Law

Kerry’s work in this area links naturally in with her work elsewhere in the public law division; her clients find her expertise across the whole area of social welfare, human rights and mental healthcare law invaluable.

Relevant Cases

R (On the application of W) v Sheffield CC [2005] EWHC 720 (Admin)
Argued before Gibbs J, in which it was held that the applicant was seriously vulnerable and there was  incontrovertible evidence that his only support was in Westminster. As either Sheffield or Westminster needed to accommodate they needed to co-operate and a preliminary order pending a decision in the County Court was made.

Human Rights & Civil Liberties

Her public law practice includes the fields of public, administrative and local government law and discrimination law and has developed a healthy human rights practice since joining Hardwicke Building. Her experience regarding education and special needs of applicants means that she has considerable understanding in the impact of the ECHR and the duties of the government and local authorities.

Inquiries & Inquests

Kerry accepts instructions in this area for advisory, drafting and practical work and can assist in all stages of the process.

Judicial Review

Kerry has developed a healthy judicial review practice since joining Hardwicke Building. Her practice focuses on the review of local authority homelessness and allocations decisions and she acts on behalf of applicants and respondent local authorities. She also exmaines local authority decisions regarding social welfare, benefits and applicants who have suffered discrimination.

Mental Health

R (On the application of W) v Sheffield CC [2005] EWHC 720 (Admin)
Argued before Gibbs J, in which it was held that the applicant was seriously vulnerable and there was  incontrovertible evidence that his only support was in Westminster. As either Sheffield or Westminster needed to accommodate they needed to co-operate and a preliminary order pending a decision in the County Court was made.

Professional Discipline & Regulation

Kerry advises on all aspects of the law relating to professional conduct and accepts instructions from a varied array of clients.

COSTS

Kerry advises on all matters relating to costs, including issues relating to the validity and operation of CFAs.

Relevant Cases

Birmingham City Council v Rose Forde
Case pending against the decision of Christopher Clarke J [2009] EWHC 12 (QB). The case concerns questions as to the enforceability of conditional fee agreements which are retrospective, and of retrospective success fees.

Birmingham CC v Avril Lee [2008] EWCA Civ 891
Led by Guy Mansfield QC, before Thomas LJ, Hughes LJ, and Rimer LJ.
Held that costs incurred under the protocol prior to allocation were recoverable but that it was not appropriate to address this issue at trial.

ACADEMIC

Kerry frequently lectures and provides training including training for CLT on homelessness and on disrepair, at seminars in house at local authorities or housing associations and at seminars jointly conducted with a number of solicitors firms.