Joshua Dubin

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

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Public and Regulatory

People can find themselves in conflict with public bodies at any time, whether it’s their local authority, their professional body or a national regulator. Joshua represents individuals to give them an effective voice in challenging the state, and represents public authorities to ensure that a fair balance is struck between the needs of everyone in society.

Joshua has particular expertise in social housing and age disputes. His experience encompasses homelessness and allocations, through human rights and disability discrimination, to community care and particularly age assessment disputes between unaccompanied asylum-seeking minors and local authorities.

Joshua 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, representing clients across a range of public and regulatory law issues from planning breach injunctions to parking enforcement, including civil penalties for landlords under the Housing Act 2004. His public law practice includes the Administrative and County Courts, and Tribunals. He is familiar with out-of-hours applications to the duty judge. He also has experience of professional disciplinary proceedings.

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 (HBTN) v Sunderland City Council [2019] EWHC 3221 (Admin): Joshua successfully defended the local authority’s refusal to disclose a confidential age assessment document on the basis that the claim had become academic.
  • 2-day public inquiry into a proposed toll increase for the Bournemouth-Swanage ferry, in which Joshua successfully represented a number of public authorities opposed to the price rise (September 2018)
  • 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

‘Tenacious and persistent.’

Legal 500 2019 - Tier 1

"His advice is precise and succinct.'

Legal 500 2018 - Tier 1

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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

  • Property Bar Association
  • Agricultural Law Association
  • Housing Law Practitioners’ 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.

More Information

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