Share on LinkedIn Tweet This Share on Facebook Share Tweet Share Public Law Newsletter January 2013 Dear ReaderIn this January edition of the Hardwicke Public Law Newsletter which comes to you with a dusting of snow, Alex Campbell considers Article 8 rights in the context of deprivations of liberty in private care homes. In his article, Andy Lane looks at the role of Assessors in residential possession proceedings concerning a contravention of Part 4 of the Equality Act 2010. David Lawson's article outlines the current position on ordinary residence. What we have been up to... Hardwicke is delighted that nine members from the Public Law team were ranked in The Legal 500 2012. Please visit The Legal 500's website to view rankings and editorials. David Lawson and Leon Glenister are acting in a judicial review of a national ombudsman scheme. Andy Lane has been responding to a judicial review claim about the adequacy of a Pathway Plan and is in a part-heard trial on a possession claim defended on application of policy and Equality Act 2010 grounds. Shazia Akhtar has been acting for two claimants challenging the Secretary of State for business innovation and skills in relation to the application of the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 (SI 2011/87). Alex Campbell is involved in a number of judicial reviews concerning the Children Act 1989. The University of Westminster awarded Barbara Hewson an honorary fellowship for services to law. Morayo Fagborun Bennett represented a local authority in an application to the Admin Court for an interim injunction for accommodation pending a section 202 review decision. Amelia Walker is acting for the parents in an appeal to the Upper Tribunal concerning the interpretation of Regulation 4 of the Equality Act 2010 (Disability) Regulations 2010. Leon Glenister’s article entitled "Squatting on commercial premises – social nuisance or social utility?" was published in The Guardian. Did you see? You may have missed... Sims v Dacorum Borough Council (2013) EWCA Civ 12In a landmark decision, the Court of Appeal has found that the common law rule in Hammersmith LBC v Monk  AC 478 which enables a joint, periodic tenant of residential premises to end the tenancy, without recourse to any other tenants, by serving the landlord with notice to quit, is compatible with the tenants' rights under Article 8 and Article 1 of the First Protocol to the European Convention on Human Rights. Hardwicke's Andrew Lane and Dean Underwood represented the successful local authority. They commented "This was the first occasion on which the Court of Appeal had had to consider Monk's compatibility with Article 8 and the first occasion on which any appeal court had had to consider its compatability with the Protocol. For this reason alone, the decision is likely to be of considerable interest to practitioners and academics alike"A full analysis of the case can be found here. To view the judgment, please click here. Comment Alexander Campbell Public rights in private homes On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as “a sad story”.GU, known for the purposes of the judgment by the pseudonym “George”, is a 57 year old man with a number of distinct mental disorders: childhood autism, obsessive-compulsive disorder, dissocial personality disorder, mixed anxiety disorder and – of most pressing concern to the Court – paedophilia.Read Alexander Campbell's article Andrew Lane Equality Act 2010, possession claims and assessors It seemed a fairly straightforward hearing – a pre-trial review in an anti-social behaviour possession claim prior to a one-day trial – with my opponent and I agreeing that the matter was ready to proceed. The district judge then asked if I’d thought about assessors. Read Andrew Lane's article David Lawson Ordinary residence and local authority and NHS services Over the last few years David Lawson has been increasingly advising on questions of ordinary residence and access to services. This note outlines the current position on ordinary residence.Read David Lawson's article Hardwicke unrobed - Leon Glenister in profile Leon Glenister What sports team do you support? I’m a football fan. Given I’m from London it’s inevitable I support Manchester United. It all started when I was about four and I asked my brother (an Arsenal fan) “who is the best team?” to which he said “Man United won the Premiership last year”. From then on I supported them. I like to think it shows I strive for the best – though in reality it probably shows I’m fickle!What was the last book you read? Besides the law; "The Diary of a Nobody" by George and Weedon Grossmith. A great commentary on social class.What do you do in your spare time? I both play and watch football, really enjoy going to the theatre (lastminute.com has some great £10 deals by the way!), eating out and spending time with family and friends.If you weren't a barrister, what would you be? A TV presenter. I like the idea of bringing personality to whatever profession I’m in.Do you have a motto in life? Be proactive and take responsibility. If you were an animal what would you be and why? A penguin – I’m pretty sure my girlfriend loves penguins more than me.What do you like best about being a barrister? What do you like least? What I like best is the intellectual stimulation and the satisfaction of creating a cohesive and persuasive argument. The occasional late nights are probably what I like least, but that’s all part of the job.What is your favourite food? My mother is Malaysian/Chinese and I go back to Malaysia each year – it would have to be some of the street food over there.What is your favourite telly programme ever? I grew up with Mr Bean so to me that's a classic.What would you put in room 101? Christopher Maloney. Contact us This edition of the Public Law Newsletter was edited by Amelia Walker. If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team: Daniel Kemp, Senior Practice ManagerElizabeth Bousher, Practice ManagerFrancesca Gabbitas, Assistant Practice ManagerTo find out more about our Public Law team and their work, visit the Public Law page on our website.