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Simon Birks
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Simon Birks - Local Government, Housing & Landlord and Tennant specialist

Simon Birks


Called: Middle Temple 1981

simonbirks@clarendonchambers.com
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Education

BA (Hons.)


 
Areas of Practice
  • Local Government
  • Housing
  • Landlord and Tenant

Simon has extensive experience in the fields of local government and residential landlord and tenant. This covers a wide range of local government work including housing, unlawful evictions, benefits frauds, trading standards, environmental health, statutory nuisances, food safety, health and safety, and taxi licensing, together with adverse possession, easements, rights of way, and restrictive covenants.   

Simon’s work also includes cases under the Mental Health Act, including applications to replace the nearest relative, appearing before Mental Health Appeal Tribunals, and representing mentally ill offenders.

Reported Cases

• Gray v Brown, [1993] 25 HLR 144 (restricted contract under the Rent Act 1977)

• Saxby v McKinley [1997] 29 HLR 569 (sentencing for breach of an injunction following unlawful 

  eviction)

• Re: Page’s Application [1996] 71 P&CR 440 (an application to discharge restricted covenant)

• O’Brien v Croydon LBC [1998] 4 PLR 86 (concerned advertising regulations)

• Tunbridge Wells Borough Council v Dunn [1996] 95 LGR 775 (acting as a pedlars  defence to  unlawful street trading)

• R (Molinaro) v The Royal Borough of Kensington & Chelsea [2002] BLGR 336 (the extent of public law in local authority landlord and tenant matters)

• R (Begum) v. Headteacher and Governors of Denbigh High School. (2007) 1 AC 100 (House of Lords),  (2005) 1 WLR 3373 (Court of Appeal),  (2004) EWHC 1389 (High Court) (school uniform restriction on wearing the jilbab not a breach of Human Rights Act)

• Accent Foundation Ltd v Lee (2008) HLR 3 (non-party to injunction cannot waive its terms)

 

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