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Tim's practice covers housing, homelessness, allocation of social housing, gypsies and travellers, community care, asylum support, mental health, mental capacity, prison law, planning, public and administrative law, regulatory crime inclusive of environmental law and general civil law. Practice AreasHousing, Community Care and Asylum Support
In Tim's housing practice his work concerns the representation of tenants in possession proceedings brought by local authorities and claims by tenants against local authority or private landlords. With cases involving local authorities there is often a strong public law dimension either by reference to other public law duties or reference to inherent failures by local authorities in seeking possession. Most of Tim's housing cases are rent arrears or disrepair claims but he also deals with succession, unlawful eviction, nuisance, anti-social behaviour and cases involving community care and mental health issues. Tim also represents defendants in mortgage possession cases. Tim is also experienced in homelessness cases and related appeals. Tim also deals with complex issues related to land law, trusts and property. Tim is routinely instructed in community care cases concerning assessments under s.47 National Health Service and Community Care Act 1990, s.21 National Assistance Act 1948, s.17 Children 1989 and in asylum support cases. Gypsy and Traveller Cases
Tim represent's gypsies and travellers in possession claims brought by local authorities and police in respect of unauthorised encampments and evictions from licenced sites. Tim is also experienced in bringing challenges by way of Judicial Review in gypsy and traveller cases which is inclusive of making urgent applications for interim injunctions and claiming other interim relief before the High Court. Mental Health
Tim provides advice and representation before mental health review tribunals (MHRTs). Tim appears regularly before tribunals reviewing the continued detention of restricted patients and patients in the DSPD units at Broadmoor and Rampton hospitals as well as other secure unit and appeals before the Upper Tribunal. He also provides advice and representation concerning mental health and capacity issues raised in the county court and before the Court of Protection. Tim also advises and represents former patients in disputes concerning the provision of after care services under section 117 Mental Health Act 1983. Welfare Benefits
Tim is experienced in providing advice and representation in the appeals service on housing and disability benefits. Tim specialises in providing advice concerning the impact of trusts of land, the disposition of capital via wills or other instruments on entitlement to welfare benefits. Prison Law
Tim is experienced in both adjudication and parole hearings held in prisons. In adjudications he has successfully represented prisoners accused of drug violations, having contraband, disobeying orders and having mobile phones. Tim has successfully represented prisoners either serving determinate or life sentences in parole hearings before the parole board, particularly in recall hearings. He also advises and represents prisoners in claims for Judicial Review of parole board and other decisions relating to their detention. Tim also advises prisoners in respect of potential personal injury, disability discrimination and other potential claims against the prison service. Tim also teaches aspects of prison law for the "Institute of Prison Law". Planning and Environmental Law
Tim is a member of PELT at Garden Court Chambers as he has experience in planning enforcement, appeals concerning statutory notices under the Environmental Protection Act 1990 and issues of compulsory purchase. Public and Administrative Law
Tim is experienced in making Judicial Review applications and representation in other matters before the Administrative Court. Other
Tim is also a trained mediator and is qualified to take instructions via direct access. He has provided seminars to solicitors on the Mental Capacity Act 2005, Mental Health law, Treatment in the NHS and prison law. Tim was one of the trainers for the Public Law Project in their summer school for Introduction to Judicial Review in 2009. He is a mentor for Lincoln's Inn and is involved in other mentoring projects to encourage people from economically and socially disadvantaged backgrounds to join the legal profession. Tim also works as a volunteer housing adviser for the Camden law centre. Notable CasesR (on the application of Salami) v Parole Board; R (on the application of Robinson) v Secretary of State for Justice [2009] EWHC 2251 (Admin): The Court held the rights of two long-term prisoners under the European Convention on Human Rights 1950 art.6 were not breached as a result of the amendments to the early release provisions in the Criminal Justice Act 1991 Pt II by the Criminal Justice and Immigration Act 2008. Click here for report. Lexi Holdings v Luqman and others [2009] EWHC 496 Ch. Represented the second Defendant in contempt proceedings in a major commercial fraud of over £65million. Konodyba v Royal Borough of Kensington and Chelsea (Wandsworth County Court).
Represented the Appellant in 8WL02932 at Wandsworth County Court in a homelessness appeal concerning eligibility of a Polish A8 national who was not classified as "worker" under domestic regulations. The essence of this appeal was that the case fell within the scope of the case of Ibrahim v Harrow LBC in reliance on the "Baumbast doctrine" and should be stayed and the decision in the case of Parker v Brent BC 7WI04442 (LAG 26 December 2008) in the Central London County Court. HHJ Behar disagreed and upheld the decision of the local authority. However the point remains open (see Konodyba v Royal Borough of Kensington and Chelsea [2009] EWCA Civ 890.Click here for report. CH/1098/2007: A successful appeal before the Social Security Commissioners concerning alleged housing benefit overpayment and complex issues of trusts of land. R (H) v Guildford Youth Court [2008] EWHC 506 (Admin): A successful judicial review application leading to a quashing of a conviction under s 20 OAPA 1861 in respect of a refusal by the Youth Court to stay proceedings as an abuse of process. Essentially the judge quashed the conviction on the papers, with the CPS conceding the case and the Instructing Solicitor taking judgment. R (Surat Singh) v Stratford Magistrates' Court & Others [2007] EWHC 1582 (Admin); [2007] 1 WLR 3119; [2007] 4 All ER 407; [2008] 1 Cr App R 2; [2007] ACD 72; The Times, March 27 2007: A challenge by way of judicial review of the exercise of a district judge's discretion to refuse to allow the claimant to advance the defence of insanity in summary only proceedings. Click here for report. R v DPP; B v DPP [2007] EWHC 739 (Admin), The Times, March 27 2007. Also reported in the robbery sections of Archbold and Blackstones. An appeal by way of case stated which concerned proof of intention, mens rea and the use of implied force in robbery by reference to the fortitude of the victim. BackgroundTim completed his pupillage at Garden Court Chambers under the supervision of Stephen Knafler, Nicola Rogers and Stephen Simblet. Originally he was trained as a biochemist, molecular biologist and neuroscientist and was involved in scientific research for a number of years. Prior to embarking on legal training he was a researcher and administrator at the Public Law Project. Following his legal training he was a research assistant in the public law team at the Law Commission where he worked on several projects concerned with the reform of local authority inquiries, housing law and the law of compulsory purchase in collaboration with the property and trusts team. At the same time he was a visiting lecturer in law at King's College London and the University of Westminster Law Schools. AwardsHardwicke, Thomas More and Cassel Scholar. PublicationsTim is a co-author of the following books: Housing Act 2004: A Practical Guide (2005). Jordans. The Anti-social Behaviour Act 2003: A Special Bulletin (2004). Jordans. Legal and Ethical Aspects of Anaesthesia, Critical Care and Perioperative Medicine (2004). Cambridge University Press. Tim is also the author of a number of articles including "Anti-social Behaviour Act 2003 and Gypsies, Travellers and Public Gatherings" (2004) August Legal Action 19, and co-author of 10 articles relating to medical law and ethics and scientific papers. Professional Membership- HLPA (Housing Law Practitioners Association)
- ALBA (Administrative Law Bar Association)
- CBA (Criminal Bar Association)
- PIBA (Personal Injury Bar Association)
- PNBA (Professional Negligence Bar Association)
- PABA (Public Access Bar Association)
- Civil Mediation Council
Tim is also a member of Liberty. Last updated May 2010
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