Kerry Bretherton

Profile

Kerry’s Public Law work includes work in the Court of Appeal, Administrative Court, Court of Protection and Tribunals.

She has recently been appointed to the Attorney General’s A Panel.  Kerry is recommended in the Administrative and Public Law Section of the Legal 500 and, in 2010 was described as “...excellent on her feet”.  In Court of Protection work Kerry is ranked in Band 2 and described as a "dogged advocate opposing counsel underestimate at their peril." 

Kerry acts in all aspects of Public Law including Adult Social Care (Court of Protection, Care Homes, Community Care, Funding and Healthcare) Benefits, Local Government, Discrimination & Equality. 

Kerry has appeared in many leading cases in the Court of Protection including:G v  E (By his Litigation Friend The Official Solicitor)  A Local Authority  F  [2010] EWCA Civ 822; [2010] 4 All E.R. 579; [2011] 1 F.L.R. 239 [2010] EWCA Civ 822 and, at first instance (2010) 2 FLR 294 (interim orders in the Court of Protection) and G v E (costs) [2011] EWCA Civ 939;) [2010] EWHC 3385 (Fam), [2011] 1 FLR 1566 (costs in the COP). 

Her client base includes family members, and local authorities and she has particular experience in deprivation of liberty cases and the appointment or removal of a Deputy both in relation to personal welfare and property and affairs.  She also acts in cases concerning medical treatment.

A key area of Kerry’s work is disputes about care home funding and the disputes which occur in relation to continuing care funded by the NHS (as opposed to social services provision of care which is means tested). 

Kerry acts in other funding challenges for example R (on the Application of Viggers) v LSC [2011] EWHC 2221 (Admin) (judicial review of refusal of LSC funding).

Kerry acts in all matters entitlement access to welfare benefits and housing.  Key cases include Brough v (1) Law (2) Child Maintenance Enforcement Commission [2011] EWCA Civ 1183 (appeal concerning payment of child maintenance) and  R (on the Application of Viggers) v Secretary of State for Defence [2009] EWCA Civ 1321 (appeal concerning entitlement to a war pension).

 Kerry deals with EU cases involving eligibility for welfare and housing support, see for example Mohammed Barry v Southwark LBC [2008] EWCA Civ1440 (eligibility and homelessness). 

Kerry has considerable experience in all aspects of community care which complements her work in Social Housing. 

Cases include R (on the application of Nassery) v Brent London Borough Council [2011] EWCA Civ, 539 (appeal regarding s21 National Assistance Act). 

She has a particular interest in matters relating to equality and diversity and has appeared in cases including Brent v Corcoran and O’Donnell [2010] EWCA Civ 774; [2010] H.L.R. 43 (travellers and issues regarding eviction and race discrimination) and Stokes v Mayor and Burgesses of the London Borough of Brent [2009] EWHC 1426 (QB) (travellers and eviction).  Savage v Hillingdon London Borough Council [2010] EWHC 88 (Admin) and Best v Oxford City Council [2009] EWHC 608 (Admin) (housing judicial review) are examples of housing judicial review cases in which Kerry has been involved. 

In relation to Property Law Kerry is ranked by Chambers and Partners in Band 1 in Social Housing and she is described as “tenacious, and someone whose advice is always clear and concise. If you have a tough case and you need a battler, she is the one," and is "excellent with clients".

In 2010 she was described as “admired in court”.    In the Legal 500 Kerry appears in the Property Section described as “very knowledgeable” and was previously noted as being “excellent on her feet”  Kerry acts in all aspects of Property Law but is particularly known for her work in Landlord and Tenant (residential and commercial) and Housing Management.

Kerry’s property work includes all aspects of landlord and tenant.  She was junior in the Supreme Court in Ruza Berrisford v Mexfield Housing Co-operative [2011] UKSC 52; [2011] 3 W.L.R. 1091 which concerned the status of occupants of fully mutual housing associations. 

Procedural cases in which Kerry has been involved include London Borough of Hackney v Findlay [2011] EWCA Civ 8 (case considering the applicable test for setting aside a possession order when a tenant failed to attend a possession hearing). 

Kerry has experience of insolvency and possession and appeared in the lead case of Sharples v Places for People; Godfrey v A2 Dominion Housing [2011] EWCA Civ 813; [2011] H.L.R. 45 for the Appellant Godfrey which concerned debt relief orders/bankruptcy and possession. 

Kerry appeared in Alexander-David v Mayor and Burgesses of the London Borough of Hammersmith and Fulham [2009] EWCA Civ 259 the lead case which considered the question of granting tenancies to minors. 

In Octavia Housing Trust v Brumby [2010] EWHC 1793 the court considered the landlord’s obligations for nuisance by third parties) and in Ryan v London Borough of Islington [2009] EWCA Civ 578 obligations under the right to buy.

Kerry has long since been known for her expertise in all matters of homelessness and appeared in Bull v Oxford City Council [2011] EWCA Civ 609 against leading Counsel. 

Other homelessness cases included Hemans v Royal Borough of Windsor and Maidenhead [2011] EWCA Civ 374, Waltham Forest LBC v Davis Maloba & Law Society (Interested Party) [2008] 1 WLR 2079, Houda Harouki v Kensington & Chelsea RLBC [2008] 1 W.L.R. 797

Kerry also has an interest in Costs only work.  She appears in the S.C.C.O. and High Court in relation to costs cases and accepts instructions in all aspects of costs work.  Reported cases include Birmingham City Council v Rose Forde [2009] EWHC 12 (QB) (retrospective CFAs and success fees) and Birmingham CC v Avril Lee [2008] EWCA Civ 891 (costs in cases involving disrepair and CFAs)
  

Significant Cases 

G v E (By his Litigation Friend The Official Solicitor) A Local Authority F [2010] EWCA Civ 822; [2010]

4 All E.R. 579; [2011] 1 F.L.R. 239 [2010] EWCA Civ 822

(2010) 2 FLR 294 in the Protection) and G v E (costs) [2011] EWCA Civ 939 ;) 

[2010] EWHC 3385 (Fam), [2011] 1 FLR 1566

R (on the Application of Viggers) v LSC [2011] EWHC 2221 (Admin) 

Brough v (1) Law (2) Child Maintenance Enforcement Commission [2011] EWCA Civ 1183 

R (on the Application of Viggers) v Secretary of State for Defence [2009] EWCA Civ 1321

Mohammed Barry v Southwark LBC [2008] EWCA Civ1440

R (on the application of Nassery) v Brent London Borough Council [2011] EWCA Civ, 539 

Brent v Corcoran and O’Donnell [2010] EWCA Civ 774; [2010] H.L.R. 43 

Stokes v Mayor and Burgesses of the London Borough of Brent [2009] EWHC 1426 (QB) 

Savage v Hillingdon London Borough Council [2010] EWHC 88 (Admin) 

Best v Oxford City Council [2009] EWHC 608 (Admin) (housing judicial review) 

Ruza Berrisford v Mexfield Housing Co-operative [2011] UKSC 52; [2011] 3 W.L.R. 1091

London Borough of Hackney v Findlay [2011] EWCA Civ 8

Sharples v Places for People; Godfrey v A2 Dominion Housing [2011] EWCA Civ 813; [2011] H.L.R. 45 f

Alexander-David v Mayor and Burgesses of the London Borough of Hammersmith and Fulham [2009] EWCA Civ 259

Trust v Brumby [2010] EWHC 1793 

Ryan v London Borough of Islington [2009] EWCA Civ 578 

Bull v Oxford City Council [2011] EWCA Civ 609 against leading Counsel.

Hemans v Royal Borough of Windsor and Maidenhead [2011] EWCA Civ 374,

Waltham Forest LBC v Davis Maloba & Law Society [2008] 1 WLR 2079,

Houda Harouki v Kensington & Chelsea RLBC [2008] 1 W.L.R. 797

Birmingham City Council v Rose Forde [2009] EWHC 12 (QB) (retrospective CFAs and success fees) and 

Birmingham CC v Avril Lee [2008] EWCA Civ 891
 

Memberships

ALBA, HRLA, MHLA PBA, SHLA.

Directory Quotes

Tanfield Chambers' Kerry Bretherton is considered by many to be a "brilliant" practitioner. Her work includes deprivation of liberty matters and questions revolving around deputy appointments. She acts for both local authorities and private individuals.
(Chambers UK 2013 Court of Protection: Health & Welfare)
Kerry Bretherton of Tanfield Chambers' principal areas of interest are housing law and homelessness, but she has succeeded in expanding her practice into other public law areas. A recent appointee to the Treasury A Panel, she is "someone who always looks for the killer point in a case." 
(Chambers UK 2013 Administrative & Public Law)
Kerry Bretherton recently arrived at Tanfield Chambers from Hardwicke and is "extremely strong in terms of her oral advocacy." Sources note that her "written work is exceptional," and appreciate that "she is not afraid to run unusual points of law and is willing to go the extra mile in terms of advice and assistance."
(Chambers UK 2013 Social Housing)
Kerry is recommended in the Administrative and Public Law Section of the Legal 500 and, in 2010 was described as “...excellent on her feet”. 

In Court of Protection work Kerry is ranked in Band 2 and described as a "dogged advocate opposing counsel underestimate at their peril." 

In relation to Property Law Kerry is ranked by Chambers and Partners in Band 1 in Social Housing and she is described as “tenacious, and someone whose advice is always clear and concise. If you have a tough case and you need a battler, she is the one," and is "excellent with clients." 

In 2010 she was described as “admired in court”.    In the Legal 500 Kerry appears in the Property Section described as “very knowledgeable” and was previously noted as being “excellent on her feet” 

Appointments

March 2012 Appointed to Attorney General’s A Panel

February 2011 Appointed Panel Counsel to Equality and Human Rights Commission

2009 Elected to Bar Council for 3 year term