Joshua Dubin

Year of Call: 1997
Email Address: joshua.dubin@3pb.co.uk
Telephone: 01865 793 736

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Overview

Joshua is a specialist property lawyer. He provides advocacy and advice on litigation principally in the High Court and County Court, but he also appears in the First-Tier and Upper Tribunals.

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’s practice also includes public and regulatory law disputes, from local authority prosecutions through professional disciplinary proceedings to age disputes brought by unaccompanied asylum-seeking minors.

Joshua lectured part-time in Public Law at BPP in 2006 and 2007.

Expertise

  • Property and Estates
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    Joshua is regularly instructed in real property matters and neighbour disputes, including:

    • Nuisance
    • Trespass
    • Boundary & easement disputes
    • Party Wall etc Act 1996 matters
    • Mortgages
    • Charges, charging orders & orders for sale
    • LPA Receiver matters
    • Equitable interests (eg applications under the Trusts of Land and Appointment of Trustees Act 1996)
    • Agricultural tenancies.

    Joshua’s practice encompasses the whole range of residential and commercial landlord & tenant advice and advocacy, including:

    • Possession & forfeiture
    • Tenancy renewal
    • Disrepair & dilapidations
    • Rent reviews
    • Service charge disputes
    • Anti-social behaviour
    • Unlawful eviction.

    Joshua has represented clients in the Court of Appeal and before the Adjudicator to HM Land Registry, as well as the County Court and First Tier Tribunal (Property Chamber). He has particular expertise in social housing (including homelessness, allocations, human rights, and disability discrimination). He accepts publicly-funded housing work, as well as instructions from individuals and local authorities. He has experience of a variety of other property-related matters, from planning breach injunctions to parking enforcement.

    Joshua has lectured to solicitors and not-for-profit organisations on all aspects of housing, landlord & tenant and property law. He is happy to provide in-house lectures tailored to clients’ needs. He has spoken at the annual Housing Law Conference (HLPA/Law Society).

    Recent cases 

    • Quashing a local authority’s improvement notice issued under s.11, Housing Act 2004: FTT. (May 2018)
    • Establishing a pedestrian right of way across the frontage of neighbouring property by lost modern grant and prescription: County Court. (May 2018)
    • 7-day hearing in the FTT representing 64 leaseholders, opposing the reasonableness of on-account service charge demands of up to £34,000 to fund a £3.5m refurbishment of 5 low-rise blocks. The Tribunal reduced the works price by approximately £400,000. (Feb 2018)
    • 5-day County Court trial for Claimant, obtaining injunctive relief and damages to halt deliberate interference with the Claimant’s sole vehicular access after 20 years of nuisance. Indemnity costs awarded against Defendant. (September 2017)
    • 4-day County Court trial for Claimants in trespass and nuisance, when neighbours erected a fence up to 2m into clients’ land. The crucial section of disputed boundary was determined in the Claimants’ favour when they succeeded in showing that a Defendant had scrubbed out part of the existing boundary hedge. (September 2017)Obtaining a final possession order in 12 days from issue of an injunction application to final order, against a private-sector assured shorthold tenant on the basis of serious anti-social behaviour, involving risk to property and people through fire (May 2015)
    • 5-day High Court trial defending a claim in misrepresentation over the sale of a house – whether the vendor had disclosed a history of flooding – including argument over method and quantum of valuation (March 2015)
    • 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.
  • Public and Regulatory
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    Joshua’s public law practice includes both the Administrative and County Courts, with particular expertise in social housing and age disputes. His experience encompasses homelessness and allocations, through human rights and disability discrimination, to community care (including age assessment disputes between unaccompanied asylum-seeking minors and local authorities). He is familiar with out-of-hours applications to the duty judge.

    He acts regularly for local authorities, social landlords and tenants in all aspects of social housing law (both private and public).

    He has advised and advocated in a variety of cases related to local government powers and duties, for instance providing advice to local authorities on human rights and discrimination issues, and representing clients across a range of public and regulatory law issues: from planning breach injunctions to parking enforcement, in civil and criminal matters, in the Magistrates’, Crown and County Courts, including private and local authority prosecutions (such as Environmental Protection Act 1990, trading standards and benefit fraud), DVLA medical appeals, and ‘O licence’ cases. He also has experience of professional disciplinary proceedings, in particular on behalf of the Nursing and Midwifery Council.

    Joshua was a Part-time External Tutor in Public Law (Judicial Review) on the Bar Vocational Course, BPP (London) in 2006 and 2007.

    Recent cases 

    • R (GE (Eritrea)) v SSHD and Bedford Borough Council [2015] EWHC 1406 (Admin): Joshua enabled his client to prove 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.
    • 4-day Upper Tribunal age dispute hearing defending local authority’s assessment of an Albanian national – Joshua successfully resisted the Claimant’s arguments based on SA (Kuwait) v SSHD [2009] EWCA Civ 1157 that the UT should decide the case on the documents alone but should hear evidence  to assess the Claimant’s credibility (October 2014).
    • 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 (especially a failure to put adverse matters to the applicant).

Recommendations

"Your professionalism, thoroughness, tactics and overall performance during the hearing were top notch and I will not be convinced otherwise than that you were the major factor in our being successful in the dismissal of the claim against us."

Direct Access client

"His advice is precise and succinct.'

Legal 500 2018 - Tier 1

Academic qualifications

  • MA Hons, English Literature Corpus Christi College, Cambridge (1991)
  • Bar Vocational Course, Inns of Court School of Law in 1997/98.

Professional bodies

  • Housing Law Practitioners’ Association
  • Property Bar Association
  • Social Housing Law Association
  • London Common Law and Commercial Bar Association
  • South Eastern Circuit

Direct Access

Joshua Dubin is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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