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Joshua Dubin

Joshua Dubin

Call 1997

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Joshua is a specialist property lawyer whose practice also includes public and regulatory law disputes. He provides advocacy and advice on litigation principally in the High Court and County Court, but he also appears in Crown and Magistrates’ Courts.

Joshua’s property practice includes familiar property work, such as neighbour disputes (boundaries, nuisance, rights of way), and the full range of residential and commercial landlord & tenant matters. He also accepts instructions in property law more broadly, such as applications under TOLATA 1996, mortgages, commons and agricultural tenancies.

He has significant experience of social housing issues, including anti-social behaviour, homelessness and allocations.

Joshua undertakes public & administrative law and regulatory cases, from local authority prosecutions to age disputes brought by unaccompanied asylum-seeking minors.

Please see Joshua’s entries on the Property & Chancery and Public & Regulatory Groups’ pages for further details.

Notable Cases

R (GE (Eritrea)) v SSHD and Bedford Borough Council [2015] EWHC 1406 (Admin): Joshua’s client proved that the local authority had wrongly assessed her age both as a question of fact and on traditional judicial review grounds.

R (GE (Eritrea)) v Secretary of State for the Home Department and another [2014] EWCA Civ 1490: a leading authority on the definition of ‘former relevant child’ in the Children Act 1989, the judgment establishes a local authority’s duty to consider its discretionary powers to remedy any unlawfulness arising from its erroneous assessment of a child’s age.

R (MW) v Croydon London Borough Council, CO/10832/2011 (Upper Tribunal, 18/01/13): Joshua succeeded in establishing the claimed age of an Afghani child who had been unlawfully age-assessed by the local authority; the Tribunal made particular criticisms of the authority’s age assessment process.

Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265; (2010) 107(13) LSG 17; [2010] NPC 36: what is the extent of a social landlord’s duty to alter its letting terms under ss 24A and 24D Disability Discrimination Act 1995.

R (Aweys & others) v Birmingham City Council [2007] EWHC (Admin) 52: challenge to lawfulness of allocation scheme’s failure to secure reasonable preference for homeless applicants in unsuitable accommodation provided under s 193(2) Housing Act 1996; breach of Art 8 ECHR. See also Ali v Birmingham CC [2009] UKSC 8 (not overturned on the allocations point).

Newham LBC v Anwar Ali (2004) Feb Legal Action 31: whether a local authority may rely on Ground 1, Schedule 2, Housing Act 1985 in cases of overcrowding and thereby avoid the requirement to provide suitable alternative accommodation.

R (Ahmed) v Waltham Forest LBC [2001] EWHC (Admin) 540, (2001) Oct Legal Action 17; [2001] JHL D99: whether there is a continuing duty to provide interim accommodation under s 188(3), Housing Act 1996 in the absence of a specific request from an applicant.

Publications

‘Unfair terms in tenancies and related issues’, Current Law Week Focus, Vol 11 Issue 12/2003

Lectures & seminars

Joshua has lectured to solicitors and not-for-profit organizations on all aspects of housing and landlord & tenant law, including ‘Human Rights and the Land Registration Act 2002’ (Feb 2012), and has spoken at the annual Housing Law Conference (HLPA/Law Society). He is happy to provide in-house lectures tailored to clients’ needs. Part-time External Tutor in Public Law (Judicial Review), Bar Vocational Course, BPP (London) (2006, 2007).

Memberships

Housing Law Practitioners’ Association (www.hlpa.org.uk)
Property Bar Association (www.propertybar.org.uk)
Social Housing Law Association (www.shla.org.uk)

See also
  • General Information

Practice Groups

  • General Information

Areas of Expertise