Barrister Profile  

Clare Cullen (not currently practising) Call: 2009
  • Anti-Social Behaviour
  • Community Care / Court of Protection
  • Education
  • Housing
  • Leasehold Disputes
  • Local Government
  • Planning & Compulsory Purchase
  • Public Law
  • Real Property
  • Regulatory
  • Residential and Commercial Landlord & Tenant
"Always willing to take on challenging points of law"
Legal 500

Summary

Clare is currently on sabbatical. 

Clare advises and represents both public and private clients (including local authorities, social landlords and tenants) in claims for possession (anti-social behaviour, sub-letting, rent arrears, other breaches of tenancy, Article 8, public law and Equality Act 2010 defences), anti-social behaviour injunctions, leasehold disputes, homelessness challenges, disrepair and business tenancy disputes.

Clare advises and represents parties in care proceedings and has previously been seconded to a local authority’s legal services team dealing with child protection issues.

Clare has experience in Education law having acted as a clerk in education appeals.

Areas of Practice

Housing

Clare has experience in all areas of housing including possession claims, closure orders, disrepair, unlawful eviction, licensing, anti-social behaviour injunctions and homelessness.

Clare has participated in a secondment scheme with a London Borough Council to assist with homelessness litigation. Clare has also acted for both homeless applicants and local authorities in homeless appeals and challenges.

Clare acted for a local authority in a homelessness challenge, R (on the application of Tesfay) v Birmingham City Council [2013] EWCA Civ 1599, where the local authority successfully defended an application for interim relief in the High Court and an application for permission to appeal and interim relief in the Court of Appeal.

Clare was junior counsel for Hammersmith & Fulham in R (on the application of Jakimaviciute) v Hammersmith & Fulham [2014] EWCA Civ 1438; [2015] HLR 5, a judicial review challenge to the authority’s allocation scheme heard in the Court of Appeal.

 

Residential and Commercial Landlord & Tenant

Clare acts for both tenants and private landlords in possession claims and related disputes. This includes both residential and business tenancies.

Leasehold Disputes

Clare acts and advises in leasehold disputes concerning service charges, administration charges and related matters in the county court and FTT(PC).

Real Property

Clare has experience in property law including claims under Inheritance (Provision for Family and Dependants) Act 1975, proprietary estoppel, constructive/resulting trusts and adverse possession.

Public Law

Clare has represented both local authorities and tenants in possession claims defended on public law, Equality Act 2010 and Article 8 grounds.

Clare has acted in challenges to homelessness decisions in the county court and High Court.

Clare was junior counsel for Shelter (intervener) in the Court of Appeal and in the Supreme Court in R (on the application of JS and Others )-v- The Secretary of State for Work and Pensions & Ors, Shelter and CPAG intervening [2014] EWCA Civ 156; [2014] H.L.R. 20; [2015] UKSC 16; [2015] H.L.R. 21 (benefit cap challenge).

Clare was junior counsel for Hammersmith & Fulham in R (on the application of Jakimaviciute) v Hammersmith & Fulham [2014] EWCA Civ 1438; [2015] H.L.R. 5, a judicial review challenge to the authority’s allocation scheme heard in the Court of Appeal.

Education

Clare has acted as a clerk in both admission and exclusion education appeals, providing legal advice to panel members and drafting decision letters.

Community Care / Court of Protection

Clare acts and advises in care proceedings and related safeguarding issues. Clare was seconded to a local authority’s child protection legal services team for four months in 2014/2015.

Planning & Compulsory Purchase

Clare has experience in planning law cases including cases concerning planning applications, enforcement notices, rights of way and tree preservation orders.

Regulatory

Local Government

Anti-Social Behaviour

Noteworthy Cases

R (on the application of Tesfay) v Birmingham CC [2013] EWCA Civ 1599

R (on the application of JS and Others )-v- The Secretary of State for Work and Pensions & Ors, Shelter and CPAG intervening [2014] EWCA Civ 156; [2014] H.L.R. 20; [2015] UKSC 16; [2015] H.L.R. 21 (benefit cap challenge)

R (on the application of Jakimaviciute) v Hammersmith & Fulham [2014] EWCA Civ 1438

Legal Publications

Annotations

Co-author Current Law Statutes Annotations for Prevention of Social Housing Fraud Act 2013.

Co-author (2015-) Arden & Partington’s Housing Law (Sweet & Maxwell).

Editor

Assistant editor (2013- ) Encyclopedia of Housing Law (Sweet & Maxwell).

Articles

Trespassers will definitely be prosecuted … maybe: Part 1 J.H.L. 2012, 15(2), 39-43

Trespassers will definitely be prosecuted … maybe: Part 2 J.H.L. 2012, 15(3), 52-57

Tackling rogue landlords: Housing Act 2004, Parts 2 and 3 J.H.L. 2014, 17(4), 78-83

Memberships

Housing Law Practitioners Association

Social Housing Law Association

Other

Clare gained experience in parliamentary and policy work before joining the Bar having worked for an MP and for a government department.

Prior to joining Chambers, Clare volunteered as an Immigration legal advice worker at the College of Law and as a McKenzie Friend for the National Centre for Domestic Violence. She has also worked as a paralegal for a leading firm of solicitors specialising in healthcare and regulatory law.

Clare read International History and Politics at Leeds University before undertaking the GDL and BVC at the College of Law.