The Legal 500

Position

Across housing and local government, Andrew has been in more than 100 reported cases, 23 of them in the House of Lords (of which he presented 19). It is a feature of the work he has done in housing, over such a lengthy period, including the legal writing (which has led to some acknowledgement that the subject is one that he played a role in formulating), that he tends now to be instructed in a smaller number of larger matters, each occupying a lot of his time. Homelessness and allocations: appears both for local authorities and applicants – for recent cases, see, eg, Robinson v Hammersmith & Fulham LBC [2006] EWCA Civ 1122 (decision postponed by authority until child past critical age so would no longer qualify for housing); R (Lin) v Barnet LBC [2007] EWCA Civ 132 (allocation scheme); Holmes Moorhouse v Richmond RLBC [2009] UKHL 7 (whether both parents entitled to housing where shared custody arrangement); R (Ahmad) v Newham LBC [2009] UKHL 14 (validity of allocation scheme); Birmingham CC v Qasim [2009] EWCA Civ 1080 (whether lettings in breach of allocation scheme were void); and, Ravichandran v Lewisham LBC [2010] EWCA Civ 755 (whether there is a right to a review of a decision that a duty is no longer owed). He appeared for the applicant in the first two of these; for the authority in the others. Human Rights: has been in all the major ‘housing and human rights’ cases at the House of Lords and Supreme Court: Qazi v Harrow LB C [2003] UKHL 43; [2004] 1 AC 983, Kay & others v Lambeth LBC [2006] UKHL 10; [2006] 2 AC 465; [2006] HLR 22, YL v Birmingham CC & others [2007] UKHL 27; Doherty v Birmingham CC [2008] UKHL 57, Manchester CC v Pinnock [2010] UKSC 45; [2010] 3 WLR 1441 and Hounslow LBC v Powell; Leeds CC v Hall; Birmingham CC v Frisby [2011] UKSC 11. (In Doherty, although not involved in the original hearing, once written submissions were invited after the ECtHR decision in McCann v UK Application No 19009/04, before speeches were delivered, he was asked to join in making them). Landlord and tenant/land: has also been in a number of reported landlord/tenant cases: see most recently Riverside Housing Association v White [2007] UKHL 20; [2007] HLR 32 (rent increases and assured tenancies), Islington LBC v Honeygan Green [2008] UKHL 70 (tolerated trespassers and right to buy), Truro Diocesan Board of Finance v Foley [2008] EWCA Civ 1162; [2009] 1 All ER 814 (transitional provisions governing whether tenancy Rent Act protected or Housing Act secure), Newport CC v Charles [2008] EWCA Civ 1541; [2009] 1 WLR 1884; (estoppel and protection), Swindon BC v. Redpath [2009] EWCA Civ 943 (scope of anti-social behaviour injunctions).

Career

Qualified 1974; QC 1991. Publications: general editor of the ‘Encyclopaedia of Housing Law and Practice’ (since 1978), the ‘Housing Law Reports’ (since 1980) and the ‘Journal of Housing Law’ (since 1997). Co-author (with Professor Martin Partington, CBE, QC (Hon) of ‘Arden & Partington’s Housing Law’ (2nd edition looseleaf; 1st edition 1983), of the ‘Manual of Housing Law’ (now in its 8th’ edition) – all Sweet & Maxwell – and of ‘Homelessness and Allocations for Legal Action’ (now in 8th edition). Has also co-authored legal textbooks with Dr Julian Farrand QC (Hon) (‘Rent Acts and Regulations, Amended and Annotated’, 1981) and Sir Robert Megarry (‘The Rent Acts, Vol3, Assured Tenancies’, 1989), as well as having written a number of other books and numerous articles about housing law since 1974.

Practice Areas

Administrative and public law; Local government; Property - landlord and tenant