Clare Cullen

Called 2009
One of the finest junior barristers with a very sharp legal mind
Legal 500, 2017
She is very able and personable and is very well liked by clients
Chambers and Partners, 2018

Clare is a civil and public law practitioner who specialises in housing, property and local government.

Clare advises and represents public and private clients including local authorities. Clare began practice at a specialist housing set. Clare has appeared in the Supreme Court, Court of Appeal and High Court.

Clare is able to accept direct access instructions within her specialist areas.

Clare delivers training on housing and property related issues.

If you would like any further information regarding Clare Cullen’s practice, please contact her clerks or call +44 (0)20 7405 6114.

Housing

Clare is recommended in the Legal 500 as a leading junior in social housing. Clare has experience in all areas of housing including:

  • Possession claims (including Art.8 and Equality Act 2010 defences)
  • Anti-social behaviour
  • Homelessness and allocations
  • Subletting
  • Succession
  • Unlawful eviction
  • Harassment
  • Disrepair
  • Service charges

Clare has previously been seconded to a London local authority to assist in its homelessness cases. Clare was also seconded to large local authority to assist their community safety legal team.

Property

Clare advises and represents in property, leasehold and commercial cases including:

  • Service and administration charge disputes.
  • Right to manage
  • Forfeiture
  • Business tenancies
  • Trusts of land
  • Orders for sale
Local Government

Clare has represented clients in claims for judicial review including interim relief in cases concerning homelessness, allocations, human rights and equality issues.

Clare has experience of welfare benefit challenges having acted as junior counsel for an interested party in the benefit cap challenge R (on the application of JS and Others) v The Secretary of State for Work and Pensions & Ors, Shelter and CPAG intervening [2015] UKSC 16.

Clare has represented local authorities in s.222 Local Government Act 1972 injunctions.

Clare has experience of acting in licencing cases including rent repayment order applications.

Clare has been seconded to a local authority legal services dealing with children and community care. This included advising and representing in care proceedings.

Clare has experience in exclusion and admission education appeals.

Clare appeared for the local authority in the Court of Appeal in R (on the application of Tesfay) v Birmingham City Council [2013] EWCA Civ 1599, concerning interim accommodation in a homelessness case. Clare was junior counsel for the local authority in the Court of Appeal in R (on the application of Jakimaviciute) v Hammersmith and Fulham LBC [2014] EWCA Civ 1438, concerning a challenge to the local authority allocation scheme.

Anti-Social Behaviour

Clare specialises in anti-social behaviour cases including:

  • Anti-social behaviour possession claims
  • Anti-social behaviour injunctions
  • Closure orders
  • Gang injunctions
  • Protection from Harassment Act 1997

Clare has previously been seconded to a large local authority to assist their community safety legal team.

Clare appeared in the Court of Appeal in Gill v Birmingham City Council [2016] EWCA Civ 608, representing the local authority in an appeal against a committal order for breach of an anti-social behaviour injunction.

Court of Protection

Clare has experience in acting in cases where mental capacity issues have arisen. This includes issues relating to capacity to enter into agreements, to comply with court orders and to conduct litigation. Clare also has experience of being instructed by the official solicitor in housing cases.

Clare was seconded for six months to a local authority’s adults and children safeguarding legal services team. This experience provided Clare with an understanding of Court of Protection litigation.

Regulatory

Clare has experience of regulatory matters. Before joining the Bar, Clare worked as a paralegal for a solicitor’s firm representing regulatory bodies in fitness to practise and conduct matters.

Education

B.A. International History and Politics (University of Leeds)

BVC (College of Law)
GDL (College of Law)

Notable Cases
  • R (on the application of Tesfay) v Birmingham City Council [2013] EWCA Civ 1599. Representing the local authority in a homelessness cases concerning interim relief.
  • R (on the application of Jakimaviciute) v Hammersmith and Fulham LBC [2014] EWCA Civ 1438. Junior counsel for the local authority in a challenge to the local authority’s allocation scheme.
  • R (on the application of JS and Others) v The Secretary of State for Work and Pensions & Ors, Shelter and CPAG intervening [2015] UKSC 16. Junior counsel for Shelter in a challenge to the benefit cap regulations.
  • Gill v Birmingham City Council [2016] EWCA Civ 608. Representing the local authority in an appeal against a committal order for breach of an anti-social behaviour injunction.
Legal Publications

Clare is on the editorial board for Adviser Magazine.

Clare has previously been an assistant editor for Encyclopaedia of Housing Law (Sweet & Maxwell) and Arden & Partington’s Housing Law (Sweet & Maxwell).

Current Law Statutes annotations for Prevention of Social Housing Fraud Act 2013, co-author.

Trespassers will definitely be prosecuted … maybe: Part 1 and 2 J.H.L. 2012, 15(2), 39-43. 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
  • Social Housing Law Association
  • Housing Law Practitioners Association