PracticeDavid has practised in housing law from the beginning of his career to the present day. That included possession cases, declarations as to status (including Rent Act protection), repairs, homeless persons cases, unlawful eviction, mobile homes, squatting including adverse possession, allocation of accommodation, Children Act and National Assistance Act accommodation duties, rent registration, racial harassment possession claims, and prosecutions for harassment/unlawful eviction and permitting statutory nuisance in residential property under the Environmental Protection Act. He has practised in planning law for many years. His practice is almost entirely on behalf of gypsies and travellers and those with alternative lifestyles It includes planning inquiries, planning injunctions, statutory appeals and judicial review. In June 2006, he appeared at the Olympics Public Inquiry for the residents of affected travellers sites. The Inspector recommended that the Olympics development should not proceed until alternative sites for the travellers had been identified but the Secretary of State did not agree. He has appeared in courts at all levels from Rent Assessment Committees (Residential Property Tribunals), magistrates courts, county courts, Administrative Court (Queens Bench -judicial review), Court of Appeal and House of Lords. David is also an executive member and former vice -chair of the Housing Law Practitioners' Association (HLPA) and is the past and current convenor of its Housing Law Reform sub-Committee. He is a member and a former executive member of the Administrative Law Association (ALBA) He was a member (2000-2003) of the Civil Justice Council, a statutory body, which reviews the civil justice system and refers proposals for change to the Ministry for Justice. He was the 1st Chair and continues to be member of its Housing and Land Committee, which drafted the Pre-Action Protocol for Possession Claims based on Rent Arrears which came into force on 2nd October 2006. It is currently (2008) working on a protocol for Mortgage Arrears cases. David was also a member of the DCA's working group which produced a new form for possession orders (N28A) and an addition to the Practice Direction to CPR 55 (Part IV) to avoid the creation of "tolerated trespassers" in secure tenancy cases following the Court of Appeal decisions in Harlow DC v Hall and Bristol CC v Hassan. The new form and PD came into force on 4/7/06
He received the "Barrister of the Year " award at the 2005 LALLY awards ceremony presented by Cherie Booth QC He was recommended as a leading Junior in Social Housing in Chambers UK Directory 2007 and 2008 He taught the housing law course at Warwick University in 1984, and has lectured at many courses, conferences and meetings since organised by Garden Court Chambers, Legal Action Group, Housing Law Practitioners Association, South Bank Polytechnic, Warwick University, Administrative Law Bar Association, the Law Society Local Government Group, Professional Solutions, Planning Aid, and the Legal Services Commission.
PublicationsDavid's publications include contributions to:
"Law in a housing crisis " Legal Action 1975
"Squatting Trespass and Civil Liberties " (co-author) NCCL (Liberty) 1975
"Squatting - The Real Story" ed Nick Wates Bay Leaf Press 1980
NCCL Civil Rights Guide Penguin 1980
"Gypsy and Traveller Law " ed C. Johnson and M. Willers LAG 2004, 2nd ed 2007 He has also written articles throughout his practice- in Legal Action, All England Legal Opinion, Solicitor's Journal, Home Truths (HLPA's magazine), Roof (Shelter's Housing Magazine), and the Haldane Society Bulletin and most recently for "From the Lawyers' Collective( Mimbal) He provides an update on Housing Benefit Law with two other members of Chambers for Legal Action once a year.
Notable casesDavid’s cases have been reported in the official and specialist Law Reports throughout his career. Amongst the many are:- R v Wandsworth County Court [1975] I WLR 1314 QB (bailiffs powers – eviction of non-defendants) Leith Properties v Springer [1982] 3ALLER 731 CA (Rent Act-possession-lawful/unlawful tenancy binding head landlord) Puhlhofer v London Borough of Hillingdon [1985] AC 484 HL ( definition of homelessness - judicial review) R v Lincolnshire CC EX P Atkinson [1996] 8 Admin Law Rep 529 QB ( gypsies –eviction under Criminal Justice & Public Law Act 1994- relevance of considerations of humanity) Bruton v L+Q Housing Trust [2001] I AC 406 HL (licence or tenancy; estoppel where landlord a licensee ) Malazam Hussain v Lancaster County Council [2000] QB 1 CA (harassment - nuisance - LHA liability) London Borough of Lambeth v Howard [2001] 33 HLR 636 CA (HRA - Human Rights Act 1998 –possession and secure tenancies) Gallagher v Castle Vale Action Trust Ltd [2001] 33 HLR 810 CA (HRA – possession – effect on secure tenant of HAT) McClellan v Bracknell District Council [2002] QB 1129 CA (HRA – effect on introductory tenancies) South Bucks District Council v Porter [2002] 1 All ER 425 CA (gypsies - planning injunctions - HRA) Chichester DC v 1st SoS and Doe, Yates and anr [2005] 1 WLR 279 CA (gypsies- planning inquiries – impact of the HRA) Kay v Lambeth LBC and L& Q Housing Trust [2006] UKHL 10 (8/3/06) HL (Article 8 ECHR- defence for trespassers) Broadway Investments v Grant 2007 HLR 23 CA Distinction between assured tenancy Housng Act 1988 from business tenancy Landlord and Tenant Act 1954. Arose out of programme of sale by LB Hackney of shop premises, with residential property included to investment companies. Focus of campaign to preserve local shopkeepers. Appeal dismissed but shopkeeper remains in occupation. SocietiesDavid is a member of the Housing Law Practitioners' Association (HLPA), Administrative Law Association (ALBA), Legal Action Group, Liberty and the Haldane Society of Socialist Lawyers
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