Overview: Housing law All aspects including homelessness appeals, defending possession proceedings, residential landlord and tenant disputes, disrepair, unlawful eviction and harassment.
Community care and mental health
Experienced in issues surrounding assessments and accommodation, service provision and discharge, care plans, direct payments, carers, asylum support, children in need and children leaving care. Also challenges to Mental Health Act (2007) detention, to First Tier decisions, guardianship, appointment of nearest relatives, treatment requiring consent, s.117 aftercare and Mental Capacity Act (2005). Public law
Undertakes judicial review challenges to decisions of all public bodies and tribunals with specific reference to decisions relating to; Homelessness and Allocations, Community Care, MHRT, Immigration and Asylum, Education and Prison law. Also has significant appellate practice challenging the decisions of tribunals on appeal on public law grounds. Instructed by agents on behalf of the Official Solicitor. Experience includes obtaining without-notice interim injunctions, challenges to Administrative decisions as well as challenges to the substantive decision making process. Has conducted Judicial Review on variety of ECHR grounds including Articles 3, 5 and 8.
Immigration
All Immigration and Asylum Appeals, Judicial Review and Court of Appeal including challenges to asylum support. Particular experience in cases involving UASCs (Under Age Asylum Seeking Children), age assessments and challenges to Social Services decisions.
Notable Cases - OG (Turkey) v Secretary of State for the Home Department [2008] EWCA Civ 843; All ER (D) 90 (Oct) judgment
- Romano & Samari v Manchester City Council [2004] EWCA Civ 834 (Impact of Disability Discrimination Act on Possession Proceedings) judgment
- Knight v Vale Royal Borough Council [2004] HLR 106 (whether an Assured Shorthold tenancy is settled accommodation in the context of Intentional homelessness decision) judgment
Recommendations - Leading Junior in Immigration : Northern (2010) "Alex Durance has a broad involvement in immigration matters, although commentators particularly note his expertise in asylum cases involving minors."
- Leading Junior in Immigration : Northern (2009) "...has a broad immigration practice dealing with asylum cases and third-country removals, and is praised by sources for his "simply fantastic knowledge."
- Leading Junior in Immigration : Northern (2008) " Alex Durance deals with asylum cases and third country removals as part of his overall immigration practice. Solicitors were keen to point out his 'ability to find decisions that other barristers may have missed' and his 'expert eye in finding the key issues to challenge cases'." Chambers & Partners 2008
Other Activities
Regularly provides seminars in housing and immigration law and judicial review. Delivers external training for DDA.
Professional Associations - Housing Law Practitioners Association
- Immigration Law Practitioners Association (ILPA)
Background and personal profile
Worked at Shelter and then in a firm of solicitors as a Housing caseworker. Volunteer at Camden Law Centre advising on housing related matters.
Languages
French
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Year of Call
1997
Education
BA (Hons)
Email Address
a.durance@doughtystreet.co.uk
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Specialist Teams
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