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Clare Roberts
Barrister

Contact details clare.roberts@ardenchambers.com
Tel: 020 7242 4244
Fax: 020 7424 3224
Year of Call (& Silk) 1988
Areas of practice Housing
Local Government
Summary Clare’s practice deals with housing and social welfare cases, local government, landlord and tenant (residential and commercial) and public law.

She advises and appears for public and private sector clients, including local authorities, statutory and voluntary agencies, housing associations, leaseholders and tenants.
Areas of practice detail
Housing Clare specialises in all aspects of housing law. Her practice deals with a wide range of housing and social welfare cases with a particular focus on homelessness, allocation and housing policy issues.
Local Government Clare has advised and represented local authorities, statutory and voluntary agencies and individuals in public and private law proceedings on a wide range of subjects, including contractual disputes, local government finance, procurement process and decisions, standards of conduct, disciplinary and regulatory matters, grant related issues and general powers and legality.

From 1994 until 2002 Clare was instructed on behalf of various members of Westminster City Council in their dispute with the Appointed Auditor over gerrymandering allegations, obtaining a full "acquittal" for the vice-chairman of the Housing Committee at the 4 month long "Homes for Votes" public inquiry. She went on to represent both the former leader and deputy leader of the City Council up to the House of Lords and in their subsequent applications to the ECHR.
Noteworthy cases
Housing
  • Robinson v Hammersmith & Fulham LBC [2006] EWCA Civ 1122, [2007] HLR 7: priority need amongst 16-17 year olds and the use of mediation by local authorities.
  • Higgs v Brighton City Council [2003] EWCA Civ 895, [2004] HLR 2: homelessness and the meaning of “emergency”.
  • LB of Hackney v Sareen [2003] EWCA Civ 351, [2003] HLR 54: local connection and ambit of the right to request a review.
  • Noh v LB of Hammersmith & Fulham [2001] EWCA Civ 905, [2002] HLR 54: intentional homelessness and the approach to psychiatric evidence.
  • R v LB of Hammersmith & Fulham ex p Quigley (1999) 32 HLR 379: allocations and the Children Act 1989
  • R v LB of Hammersmith & Fulham ex p Damoah (1998) 31 HLR 786: challenge to the proposed return of an applicant and her child to Sweden
  • R v LB of Hammersmith & Fulham ex p Fleck (1997) 30 HLR 679: interim accommodation pending review
  • R v Kensington & Chelsea RBC ex p Kihara (1996) 29 HLR 147, CA: priority need, other special reason and destitution
  • R v LB of Hammersmith & Fulham ex p Advic, CA, (1996) 30 HLR 1: local connection
Local Government
  • Porter v Magill [2001] UKHL 67, [2002] 2 AC 357 – standards of conduct for members and officers in local government; role of electoral considerations in decision-making; leading case on test for bias/impartiality; surcharge; delay and criminal charge for purposes of Article 6 ECHR.
Other Seminars and training for, inter alia, professional bodies, individual local authorities and solicitors

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