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Simon Birks

BA (Hons.)

[Called Middle Temple 1981]

Area of Practice: Real Property and Public Law.

Member of these Practice Teams
REAL PROPERTY | PUBLIC LAW | Download CV as PDF

Simon Birks has been practising at the bar for over 20 years. He has substantial experience in the fields of residential landlord and tenant and local government.

This covers a wide range of work including housing, unlawful evictions, benefits frauds, trading standards, environmental health (including statutory nuisances, food safety, and health and safety) and taxi and private hire car licensing. Experience also includes Mental Health Act work including applications to replace the nearest relative, appearing before Mental Health Appeal Tribunals and representing mentally ill offenders.

His areas of practice include:

• Landlord and Tenant (with an emphasis on residential tenancies)

• Adverse Possession

• Easements, Profits and Rights of Way

• Restrictive Covenants

• Local Government

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 pedlar as a 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)

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