PracticeEdward is a specialist Housing Practitioner with a particular interest in Homelessness Appeals; Public Law challenges and cases involving Human Rights issues. Undertaking the full range of housing work on behalf of tenants/applicants: - Homelessness Appeals
- Judicial Review challenges
- Allocations
- Unlawful Evictions
- Anti-Social Behaviour
- Disrepair
- Security of Tenure
- Possession
- Succession
- Revival of Tenancies
Homelessness cases: full panoply of challenges that can be made from eligibility to discharge of duty.
Judicial Review: Challenges as to Allocation schemes; provision of emergency accommodation; Acceptance of applications. Edward appears in substantial trials and appeals in the county court, as well as taking cases before the higher courts. Allied to Housing Work Edward undertakes Community Care cases normally involving challenges to prevent destitution. He has conducted Local Authority prosecutions against landlords for offences under the Protection from Eviction Act 1977.
Edward seeks to provide effective representations for applicants/tenants in all spheres of housing and related work adopting a measured and pragmatic approach. Very much a trial Counsel able to marshal complex cases that require careful preparation and vigorous advocacy. Having cut his teeth on criminal trials in the crown court well versed in dealing with factual disputes as well as refined legal argument. Prepared to deal with cases that fall outside the mainstream in terms of this area; recently successfully acted in a professional negligence claim where the claim rested on a failure by the solicitor to serve the correct notice.
Regularly holds seminars on all aspects of housing law; prepared to give in house seminars at solicitor's offices on requested topics. Always prepared to advise at any stage of litigation to ensure that cases are well prepared and issues are fully set out in advance of trial. Committed member of the Housing Law Practitioners' Association providing their seminar on anti-social behaviour in 2007.
Background Before coming to the Bar Edward worked for four years in the voluntary sector, roles included: Welfare Rights Adviser for Gingerbread Northern Ireland; Acting Manager for Belfast Housing Aid. Providing specialist advice on Benefit and Housing matters; representing applicants at Social Security Tribunals and Rent Registration Tribunals; campaigning on benefit issues; taking test cases to establish tenant's rights for NI rent protected tenancies.
Edward then worked as a Housing Officer with a small Housing Association in London dealing with all aspects of housing management from allocations to disrepair problems; this provided some insight into the problems that can be faced by Social Landlords balancing demands for scarce accommodation. Notable CasesHarrow LBC v Qazi HL (junior counsel); this was the first case where the House of Lords considered whether Article 8 could be raised to provide an impediment to a possession claim against a former secure tenant in the county court : 2004 1 AC 983; 2003 UKHL 43; [2003] 3 W.L.R. 792 Shala v Birmingham City Council CA ; guidance provided by the court as to consideration of medical evidence in homelessness priority need cases, and the use of medical advisers: 2008 HLR 8 Osmani v Camden LBC CA; homelessness; priority need restatement of Pereira guidance: 2005 HLR 22 R v Harrow DC ex p Bono; housing benefit case article 6 challenge with regard to the independence of the panel: 2002 1WLR 2475 R (on application of Griffin) v Southwark LBC repeat applications homelessness [2005] HLR 12 Post Office v Foley; HSBC v Madden CA guidance given on issue of reasonable investigation before dismissal; dismissal as a reasonable response: (2001) 1 All ER 550
Publications
Edward regularly submits case summaries for the housing section of legal action magazine.
Vulnerability as a result of psychiatric illness; HLPA Newsletter March 05 SocietiesHouse Law Practitioners' Association
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