Geeta Koska

Housing

Geeta is an experienced housing law practitioner and is adept at developing innovative legal strategies in pursuit of her clients’ rights. She provides advice and representation across all aspects of housing and homelessness law, and is committed to representing legally aided clients. Geeta’s cross-cutting knowledge across housing, community care, equality law and human rights means that no aspect of her client’s situation is overlooked.

Much of Geeta’s housing work concerns discrimination and complex claims under the Equality Act 2010. She has particular expertise representing people with disabilities and takes pride in her clear and sensitive approach to such cases.

Geeta is a freelance trainer for Shelter, Britain’s leading housing and homelessness charity.

Cases

WLHA v AK: application for anti-social behaviour injunction dismissed. Instructed part way through proceedings, Geeta raised concerns in regards to the client’s capacity and secured an adjournment to obtain an updated psychiatric report. In this sensitive case, Geeta was able to draw on her knowledge of the Mental Capacity Act 2005 and the evolving case law on fluctuating capacity to resist the application brought on behalf of a housing association.

London Borough of Hackney v CF: possession claim dismissed. Through meticulous preparation and a forensic assessment of documentary evidence, Geeta was able to establish the defendant had resided with her father for 12 months prior to his death and secure a declaration of their right to succeed a secure tenancy.

ZB v London Borough of Westminster: successful appeal under section 204 of the Housing Act 1996. Drawing on her knowledge of the legal framework around human trafficking and child exploitation, Geeta successfully argued that the respondent had failed to take into account the risk of gang related violence in determining intentionality. The decision was quashed and remitted.

MO v Lewisham London Borough Council: application for judicial review challenging the defendant’s refusal to extend accommodation to the claimant, who was subject to “no recourse to public funds” in the context of the Covid-19 pandemic following R (Ncube) v Brighton and Hove City Council [2021] EWHC 578 (Admin). Interim relief was secured on behalf of the claimant on the basis of the imminent threat to his rights under Article 3 ECHR as a result of being made homeless.

Actions against the police

Geeta is adept at identifying and pursuing novel legal arguments to secure redress for those who have suffered abuse from state bodies and private entities.

Geeta has extensive experience representing claimants for false imprisonment, assault, misfeasance in public office and claims under the Human Rights Act 1998, the Equality Act 2010, data protection legislation and privacy law. Geeta has a particular interest in representing women, and has been involved in extensive litigation challenging the treatment of female prisoners. Geeta also has experience representing claimants regarding the police’s failure to investigate.

Drawing on her experience in diverse legal areas, Geeta is well placed to represent clients in negligence and human rights claims against local authorities arising from their failures to perform functions under the Children Act 1989 and related legislation. Geeta is able to advise on limitation, liability, quantum and litigation strategy in this complex and developing area of law.

Additionally, Geeta has experience pursuing claims on behalf of victims of crime under the Criminal Injuries Compensation Scheme. She acted on behalf of the claimant in R (on the application of Peiris) v First Tier Tribunal and others [2023] EWCA Civ 1527, [2024] All ER (D) 18; a significant judicial review claim challenging the eligibility criteria of the Criminal Injuries Compensation Scheme 2012 under Article 14 ECHR.

Cases

MR and others v Ministry of Justice: representing five women alleged to have been strip-searched unlawfully in custody. Instructed as sole counsel to represent a group of women in challenging litigation against the defendant, represented by KC. The cases involved complex issues on causation and quantum and were all settled successfully with Geeta’s expert analysis and tactical advice.

EA v Sodexo Limited; TS v Sodexo Limited: acting on behalf of two female prisoners alleged to have been unlawfully strip-searched in a private prison. The claimants claimed damages for the violation of their rights under Articles 3 and 8 ECHR, trespass to the person and misfeasance in public office. As sole counsel, Geeta successfully defeated applications brought by the defendant, represented by KC, to strike out the entirety of the claimants’ claims.

AX and BX v Commissioner of Police for the Metropolis: represented two claimants in a claim brought under Articles 3 and 8 ECHR arising from the police’s alleged failure to investigate child sexual abuse. Geeta successfully defended the defendant’s application for summary judgment against one of the claimants; leading to the settlement of the claims.

MC v London Borough of Lambeth: secured a significant sum in damages on behalf of her client arising from the Defendant’s alleged failure to perform their functions under the Children Act 1989 and related legislation. The case involved novel legal arguments concerning the defendant’s liability in negligence and for alleged breaches of the duties owed under Article 8, Article 6 ECHR and Article 2 Protocol No.1 ECHR.

EH v The Chief Constable of Kent Police: secured damages for a transgender woman arising from the disclosure of personal information. The claim was multifaceted and was brought on the grounds that the defendant had breached the Equality Act 2010, the Data Protection Act 2018, the Human Rights Act 1998, together with the tort of misuse of private information

Public law & judicial review

Geeta receives instructions across public law, specialising in housing, human rights and discrimination law. She is able to draw on her in-depth knowledge of associated areas of law to pursue innovative arguments on behalf of her clients.

Geeta represented the claimant in R (on the application of Peiris) v First Tier Tribunal and others [2023] EWCA Civ 1527, [2024] All ER (D) 18, a significant judicial review claim challenging the eligibility criteria of the Criminal Injuries Compensation Scheme 2012 under Article 14 ECHR read together with Article 1 of Protocol 1.

In housing, Geeta is able to assist in urgent judicial review proceedings, including in relation to the duty to secure interim accommodation and the suitability of accommodation. Geeta is particularly interested in acting on behalf of migrants to access welfare support. During the pandemic, Geeta acted in a judicial review claim challenging the refusal to extend accommodation to her client who was subject to “no recourse to public funds”. Interim relief was secured due to the imminent threat to his rights under Article 3 ECHR.

Geeta also has experience pursuing judicial review proceedings in the context of prison law, including advising on challenging decisions to prosecute, recalling prisoners and a systemic challenge to the legality of the prison service’s discrimination complaint procedure. Alongside her pupillage Geeta assisted in R (O’Brien) v Independent Adjudicator [2020] 1 WLR 1393, in which the Divisional Court held that an Independent Adjudicator did not have an express or implied power to refer charges to the police.

Prior to coming to the bar, Geeta assisted in judicial review claims LW, KT, MC & Faulder v Sodexo Ltd & Secretary of State for Justice [2019] EWHC 367 (Admin) reported on by the BBC 

Cases

Peiris v First-Tier Tribunal, Criminal Injuries Compensation Authority and the Secretary of State for Justice: challenge of the eligibility criteria of the Criminal Injuries Compensation Scheme 2012 under Article 14 ECHR read together with Article 1 of Protocol 1. The appeal concerned the refusal of a bereavement payment and funeral expenses to the appellant, following the tragic murder of his son in the UK. Led by Nicola Braganza KC, it was argued that difference of treatment, on grounds of the applicant’s residence and nationality, was not objectively justifiable. The Court of Appeal clarified that funeral expenses are not subject to the eligibility criteria under the Scheme

MO v Lewisham London Borough Council: application for judicial review challenging the Defendant’s refusal to extend accommodation to the Claimant, who was subject to “no recourse to public funds” in the context of the Covid-19 pandemic following R (Ncube) v Brighton and Hove City Council [2021] EWHC 578 (Admin). Interim relief was secured on behalf of the Claimant imminent threat to his rights under Article 3 ECHR.

KS v London Borough of Newham: challenge not to provide accommodation pending a review under section 202 of the Housing Act 1996. By drawing on her knowledge of criminal law, Geeta persuasively argued that the so-called “Mohammed” criteria had been misapplied and the client was in priority need by virtue of her vulnerability as a result of bail conditions; which meant there was a real risk she would be arrested and remanded in custody if homeless. The respondent agreed to provide interim accommodation upon receipt of the draft statement of facts and grounds, and judicial review proceedings were avoided.

International human rights

Geeta’s international experience encompasses litigation, consultancy work, training and research with a focus on business and human rights. She has in-depth knowledge of how to use international and regional mechanisms to protect and promote human rights, and can advise clients on legal matters that touch on international and foreign law.

She is currently engaged in a collaborative project to improve labour and human rights conditions in the sandstone mining industry in Rajasthan, India. This has required designing and overseeing fact-finding missions in Rajasthan, researching and drafting reports and engaging with various stakeholders to develop innovative strategies to increase transparency and access to remedies across the supply chain.

With her multi-disciplinary approach to legal issues, Geeta can often provide a unique perspective. For example, she has advised organisations on using consumer protection law to hold businesses to account for fairwashing and greenwashing practices.

Geeta also delivers talks and training on international law, and has delivered a training on the relationship between international trade and international human rights law and the consequences of Brexit.

Before coming to the Bar, Geeta worked at ClientEarth where she contributed to work in the area of EU chemicals management and access to information. During her time at the European Center for Constitutional and Human Rights in Germany, she assisted in transnational strategic litigation to promote corporate accountability. She gained further practical experience through working with the Human Rights Law Network in India.

Achievements

Education

• City Law School, BPTC
• Graduate Institute of International and Development Studies, Master in International Law
• University of York, First class degree in Law

Scholarships and Awards

• Shelford Scholarship (2018)
• Rosie Keane Memorial Prize (2016)
• Lord Denning Scholarship (2016)
• Lalive Scholarship (2013)

Publications

• ‘The law of humanity: Covid-19 and Beyond’, Children and Young People Now, June 2020.
• ‘Independent adjudicators, the Prison Rules and implied power‘, Local Government Lawyer, December 2019.
• ‘Interventions in the supply chain’, Human Rights Lawyers’ Association, July 2018.
• ‘Tunisia: the price of economic reconciliation in the transitional justice process’, Justiceinfo, August 2016.
• ‘Corporate accountability in times of transition: the role of restorative justice in the South African Truth and Reconciliation Commission’, Restorative Justice: An International Journal, Vol.4(1) (2016).
• Contributor to Jowitt’s Dictionary of English Law, 2023.
• Response to UN Working Group on Business and Human Rights call for input on business, human rights and transitional justice, 2021.

Memberships

• Police Action Lawyers Group
• Human Rights Lawyers Association
• Administrative Law Bar Association
• Immigration Law Practitioners’ Association
• Housing Law Practitioners’ Association

Speaking events, training and seminars

• Conference paper, “Misrepresented: slavery and human trafficking in supply chains”, Transparency in Supply Chains Conference, Inner Temple, UK (2023).
• Interview with UN Special Rapporteur on the Human Rights of Internally Displaced Persons, Cecilia Jimenez-Damary, HLPA podcast (2022)
• Workshop, “Human rights and trade law”, Department for International Trade, UK (2020)

Languages

Italian