Jamie Burton

Jamie Burton is a public lawyer with expertise in judicial review. His main areas of practise are human rights, social and clinical care, housing, social security, criminal justice and environmental law. In addition to his public law work Jamie is also experienced in damages claims (both in the county and the high court) in contract, actions against the police, landlord and tenant and leaseholder disputes.

The breadth of Jamie's public law work is considerable. He has acted in many cases concerning the provision of support and/or accommodation to vulnerable groups in society and has a thorough understanding of both central and local government's responsibilities in all areas of the welfare state. He regularly advises on NHS continuing care, clinical provision, community care (including charging), clinical provision, children services, welfare benefits, homelessness, housing allocations and asylum support. He has also acted on behalf of persons affected by confiscation orders, the actions of Enforcement Receivers and the decisions of the Independent Safeguarding Authority.

Jamie's work is often conducted on an emergency basis - he accepts instructions at short notice and has extensive experience of making urgent applications for injunctive relief.

In terms of environmental work Jamie acts, often pro-bono, in planning matters and has a sound knowledge of the planning system. He also advises parties about the Environmental Damage (Prevention and Remediation) Regulations 2009. Amongst others he acts for the Environmental Law Foundation.

Recently Jamie spent six months working on welfare and environmental issues in India. He was involved in a group action concerning the largest anti-poverty scheme in the world ("the Right to Food") and assisted in various claims relating to environmental damage caused by mining in south India.

Judicial reviews arising out of criminal justice matters also feature prominently in Jamie's practise.

What the directories say:

Chambers and Partners comments:

• Jamie Burton continues to impress with his "eagle eye for detail and reassuring manner". (2011 Ed.)
• Jamie Burton is "dependable and pragmatic," and is often seen in the highest courts. He attracts praise as a "very forceful advocate" and is a client favourite. (2010 Ed.)
• Jamie Burton is regarded as "a very decent and effective opponent." (2009 Ed.)
• The "tenacious and effective" Jamie is said to be "enormously able" (2008 Ed.)
• Jamie is "exceptionally good", "looks at a case from all angles" and is "creative in his outlook" (2007 Ed).

For many years Jamie has presented seminars and given lectures on human rights law and judicial review and is an experienced public speaker. He has written on human rights, public and housing law. Academically Jamie is interested in achieving a greater understanding and recognition of economic and social rights in domestic jurisprudence.

Jamie is a member of the Housing Lawyers Practitioner's Association, ALBA, Environmental Law Foundation and the Critical Legal Group.

Reported Cases:

• Brittain (in her capacity as Enforcement Receiver of the estate of "N") v "N" & Aliane [2009] EWHC 2884 (Admin) QBD (Admin)
  James Goudie QC Mr Burton successfully represented Mr Aliane in the first reported case on the rights of innocent third parties who have an interest in property which is the subject of confiscation and enforcement proceedings arising out of the proceeds of crime.
  
  
• Stratford Upon-Avon Council v. Dyde [2009] Div Court Mr Justice Openshaw and Lord Justice Sullivan.
  This appeal by way of case-stated concerned the use of entrapment evidence by local authorities engaged in test purchasing.
  
  
• R (W) v. North Lincolnshire Council [2008] ALL ER (D)
  34 Council not entitled to use s.17 Children Act support where s.20 Children Act criteria met.
  
  
• R (Heffernan) v. The Rent Service [2008] UKHL 58
  The manner in which the Rent Service approached definition of locality for housing benefit purposes ruled unlawful by House of Lords.
  
  
• R (Osei) v. The London Borough of Southwark [2007] EWCA Civ 787
  (intentional homelessness).
  
  
• London Borough of Tower Hamlets v. Rahanara Begum Court of Appeal [2005] EWCA Civ 116 (2006) HLR 9 : (2005) BLGR 580 : (2005) NPC 23 : Times, February 22, 2005 (Article 8 and homelessness).
  
  
• Slater v. Lewisham BC [2006] EWCA Civ 394 Court of Appeal (2006) HLR 37
  Times, May 3, 2006 (discharge of duty and homelessness).
  
  
• R (Ho-Sang) v. Lewisham BC [2004] Legal Action July 2004
  Proceedings against the council to purchase additional housing stock to meet homelessness demand.
  
  
• Lambeth Borough Council v. Forbes: R (Forbes) v. LBC [2003] EWHC 222 (Admin)
  Times, March 10, 2003 (Introductory Tenancies).
  
  
• R (C) v. Lewisham Borough Council [2003] EWCA Civ 927 Court of Appeal
  Times, August 12, 2003: Independent, July 10, 2003 (Homelessness Reviews).

Year of Call

1999

Education

LLB (Euro)

Email Address

j.burton@doughtystreet.co.uk

Click for contact details

Specialist Teams

Member :

• Actions Against the police
• Community Care & Health
• Employment and Discrimination
• Housing and Social Welfare
• Human Rights
• Mental Health
• Public and Administrative Law