Sarah Salmon

Called 2007
She’s an excellent advocate: unfazed, likes a complex case, likes a challenge.
Chambers and Partners, 2017
Very able, she’s very good with clients, manages cases well and is a very solid advocate.
Chambers and Partners, 2017
She brings depth of knowledge and industry awareness.
Legal 500, 2016
She’s intelligent, pragmatic and just wonderful in terms of her work ethic and ability
Chambers and Partners, 2016
Excellent client-handling skills
Legal 500, 2015
a formidably intelligent, exceptional advocate, who provides robust and confident advice
Legal 500, 2014

After graduating from university Sarah read for the LLM in Public Law at UCL focusing on civil procedure, administrative law and judicial review, human rights and environmental law. Since 2008, Sarah has been a tenant at a specialist housing, property and local government set and her practice spans all these areas.

Sarah has appeared in numerous claims for possession on the basis of anti-social behaviour, gaining tenancies by deception and subletting. She regularly deals with cases raising issues of capacity, public law defences and the Equality Act 2010. She has experience in cases concerning homelessness, allocations, injunctive relief and welfare benefits.

Sarah has appeared in the Court of Appeal (see notable cases) and the High Court. She is recommended in Chambers and Partners and the Legal 500 most recently being described as “…an excellent advocate: unfazed, likes a complex case, likes a challenge” and “very able, she’s very good with clients, manages cases well and is a very solid advocate”.

Sarah has been invited to speak at various conferences, including the Social Housing Law Association Annual Conference and the Hugh James Housing Law Conference, Wales (2012-2016). She has delivered training on a variety of housing issues, anti-social behaviour, data protection and the Freedom of Information Act.

Housing

Sarah’s practice covers all aspects of housing law, including:

  • Possession (bringing and defending)
  • Homelessness and allocations
  • Equality Act 2010 duties
  • Hoarding
  • Housing benefit
  • Anti-social behaviour
  • Disrepair and nuisance
  • Right to buy/acquire
  • Succession claims
  • Human rights and public law defences
  • Judicial review of local authority decisions
  • Decants for regeneration projects and possession based on demolition of the property
  • Unlawful eviction and harassment claims

She acts for local authorities, private registered providers and defendants.

Sarah acted successfully for a local authority resisting a challenge to the making of an immediate possession order in circumstances where the behaviour was caused by the tenant’s son as opposed to the tenant herself: Royal Borough of Greenwich v Charlotte Tuitt [2014] EWCA Civ 1669; [2015] HLR 10.

Recently, Sarah secured an outright possession order in a claim over four days concerning the use of both social and paper media by tenants to question the actions of a housing association and the impact such behaviour has on employees of the landlord. The matter involved freedom of speech considerations and whether possession is appropriate in such cases.

Landlord & Tenant

Sarah has experience of actions between private landlords and tenants and is able advise on various issues, including type of tenure, service of notices, bringing and defending possession proceedings, including those relating to mortgaged properties, claims for unlawful eviction and harassment and injunctions to enforce access and other covenants.

Local Government

Sarah has been instructed in applications for urgent consideration, interim relief and claims for judicial review which have included issues such as enforcement of warrants, homelessness, housing, immigration, Children Act 1989, council tax, data protection and human rights issues.

In addition, Sarah has experience of s.222 Local Government Act 1972 injunctions, duties owed to children, welfare benefits, allocation policies, damages under the Human Rights Act, the introduction of discretionary policies and public procurement.

Sarah was instructed, as part of a team, by a large local authority to advise on the drafting and implementation of a council tax scheme for the area.

Sarah was recently junior counsel in a case concerning the proper approach to be taken by housing benefit authorities to the restriction of benefit for occupiers of “exempt” accommodation to which the normal local housing allowance and “maximum rent” rules do not apply: Birmingham City Council v SS and SA [2016] EWCA Civ 1211; [2017] H.L.R. 6.

Anti-Social Behaviour

Sarah’s practice encompasses all aspects of anti-social behaviour including trials in the Magistrates’, Crown and County Court, closure orders, Protection from Harassment Act 1997 (including private claims), anti-social behaviour injunctions, gang-injunctions and nuisance possession claims. She has trained police and local authorities on the use of civil orders to prevent anti-social behaviour.

She was junior counsel in James v Birmingham City Council [2013] EWCA Civ 552; [2014] 1 WLR 23 which was the first time the Court of Appeal considered gang-injunctions under section 34 of the Policing and Crime Act 2009.

Public Law, Equality & Human Rights

Sarah enjoys all aspects of public law having completed a LLM (Public Law) at UCL obtaining Distinction in the Administrative Law and Judicial Review module. She is a member of Administrative Law Bar Association (ALBA) and the Human Rights Lawyers Association (HRLA). As part of her housing practice, Sarah deals with public law, Equality Act and human rights issues on a regular basis.

Sarah has completed a secondment for a large local authority dealing with issues of freedom of information and data protection and has delivered training on the same. She has advised upon information requests by the Secretary of State, data sharing and issues of data collection, retention and use.

Further, she has been instructed to advise on challenges to Ombudsman decisions and an inquiry by a regulator in relation to alleged misconduct and mismanagement.

Property

Sarah advises and represents in all areas of property law. She has appeared in the High Court in relation to property disputes. Sarah has experience of service charge disputes, leasehold enfranchisement, proceedings relating to breach of covenant or condition, rent repayment orders and has advised on matters under the Commonhold and Leasehold Reform Act 2002.

Notable Cases

Local Government

SS and SA v Birmingham CC [2016] EWCA Civ 1211; [2017] H.L.R. 6. Junior counsel for the local authority in a case concerning the proper approach to be taken by housing benefit authorities to the restriction of benefit for occupiers of “exempt” accommodation to which the normal local housing allowance and “maximum rent” rules do not apply.

Birmingham CC v Rafiq and others, County Court at Birmingham, January 2014. Junior counsel for the local authority in a gang injunction trial against 12 respondents (the application contested by 10 of the respondents) that lasted 19 days. The trial raised a variety of issues including evidential matters (e.g. the approach to: hearsay; community surveys; 999 call logs; police intelligence; and, ‘stale’ evidence) and the meaning of “engage”, “encouraged”, “assisted” and “gang-related violence” within section 34, Policing and Crime Act 2009.

James v Birmingham CC [2013] EWCA Civ 552; [2014] 1 WLR 23. Junior counsel for the successful local authority in an appeal against the grant of an injunction to prevent gang-related violence under section 34 of the Policing and Crime Act 2009.

Morrison Facilities Services Limited v Norwich City Council [2010] EWHC 487 (Ch). Junior counsel in an application for an interim injunction in a public procurement case.

Housing

Royal Borough of Greenwich v Charlotte Tuitt [2014] EWCA Civ 1669; [2015] HLR 10. Represented the successful local authority in the Court of Appeal. The Court of Appeal held that a district judge had correctly exercised her discretion in granting an outright possession order despite the fact that it was the appellant’s son, and not the appellant herself, who had been responsible for the anti-social behaviour.

Octavia Housing v Winter [2012] EWCA Civ 436. This was a claim in relation to rent arrears where the tenant counterclaimed for damages for disrepair. At trial, the counterclaim was dismissed and judgment entered for arrears. After having his first appeal dismissed, the tenant sought permission to bring a second appeal. Sarah appeared on behalf of the landlord due to the tenant being a litigant in person. Permission was refused.

Legal Publications

Assistant Editor – Encyclopaedia of Housing Law (March 2012 – March 2017)

Co-author of Judicial Review Proceedings: A Practitioners Guide, 3rd edition (LAG, 2012).

Articles

Affordable Housing – Modern Guide to Construction and Delivery (2016, Lexis online publication)

Manning, J., Salmon, S., Gladwyn, B. and Rees, R. “A nightmare for social landlords and their tenants?”, SHLA website, 24 October 2016. A paper considering, in depth, the Court of Appeal decision in Cardiff CC v Lee (Flowers) [2016] EWCA Civ 1034 (available at http://www.shla.org.uk/news/116,a-nightmare-for-social-landlords-and-their-tenants).

Salmon, S. And Saunders, J. “The Simpler the Better? The Future of Renting Homes in Wales” J.H.L. 2014, 17(5), 103-108.

Manning, J. and Salmon, S. “Gang injunctions, ASBOs and the closest fit” Local Government Lawyer May 23, 2013.

Orme, E. and Salmon, S. “Shaky ground” Solicitors Journal 2011, 155(44), 12-13 (examined the proposals put forward in the Government consultation paper “A new mandatory power of possession for anti-social behaviour”).

Madge-Wyld, S. and Salmon, S. “Valuable possession: Take 2” New Law Journal 15 & 22 April 2011, pages 527-528 (the rights and wrongs of Article 8 and possession claims).

Chan, R. and Salmon, S. “Badge of Honour” Solicitors Journal, Vol 155 no 15 (Gang injunctions: trophies or deterrents).

Babington, V. and Salmon, S. “Schedule 11 of the Housing and Regeneration Act 2008: the awkward position of introductory tenancies” J.H.L. 2010, 13(6), 112-116.

Public Access

Sarah is registered with the Bar Council as able to accept work under the Public Access scheme.

Recommendations

Chambers and Partners 2017, Social Housing (Band 3). Described as well versed across all aspects of landlord and tenant law, with particular expertise in antisocial behaviour cases. She is widely praised for her advocacy skills and highly respected for her leading commentary on housing law and judicial review proceedings. Her complementary acumen in public law matters buttresses her enviable practice.

“She’s an excellent advocate: unfazed, likes a complex case, likes a challenge.” “Very able, she’s very good with clients, manages cases well and is a very solid advocate.”

Leading Junior (Social Housing), Legal 500, 2016 described as bringing “… depth of knowledge and industry awareness.”

Chambers and Partners 2016, Social Housing (Band 3), as well as being praised for the high quality of her advocacy and client care skills, she is described as being “very approachable, very proactive and very tenacious.” “She’s intelligent, pragmatic and just wonderful in terms of her work ethic and ability.”

Leading Junior (Social Housing), Legal 500, 2015, described as having “excellent client-handling skills”.

Chambers and Partners 2015, Social Housing (Up and Coming). Attracting “wide praise from sources for her client care skills and her comprehension of complex points of law”. “A first-class litigator.” “She’s personable, proactive and a real favourite with clients.”

Leading Junior (Social Housing), Legal 500, 2014, described as “A formidably intelligent, exceptional advocate, who provides robust and confident advice.”

Chambers and Partners 2014, Social Housing (Up and Coming), described as: “A favourite of lay-clients and instructing solicitors, she is ‘great on complex human rights cases – she’ll take a difficult case and turn it around’. She is ‘a workaholic and an excellent advocate’.”

Memberships

Social Housing Law Association (Committee member)

Housing Law Practitioners Association

Administrative Law Bar Association

Human Rights Lawyers Association

Education

Bar Finals, BPP Law School – Very Competent

LLM Public Law, University College London

LLB (Hons) I – First Class

Scholarships and prizes
  • Sir Thomas More Bursary, Lincoln’s Inn
  • Hardwicke Entrance Scholarship, Lincoln’s Inn
  • Sir Samuel Evans Prize 2005 (awarded to the candidate from one of the constituent institutions – University of Wales – that has attained the highest standard in examination)
  • Sweet and Maxwell Law Prize for the Highest Overall Average
  • Heather Meredydd Parry Prize for the Most Outstanding Performance in the Law Finals Examinations by a Woman Student
  • Meurig Williams Prize for the Best Medico-Legal Dissertation – “The Twenty First Century Need for Family Funding for Legal Representation at Inquests”
  • Oxford University Press Law Prize for excellence in the Part II(i) examinations
  • Calcott Pryce Part II(i) Prize for an exceptional performance in law examinations
  • Calcott Pryce Subject Prizes in Dissertation Two (“Is Obesity the New Tobacco?”), Family and Child Law, Law of Environmental Protection, Land Law, Legal System and Law of Contract.