Clare Cullen is a civil and public law practitioner who specialises in housing, property and local government.
She advises and represents public and private clients including local authorities. Clare began practice at a specialist housing set and 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. She was appointed a Deputy District Judge in September 2021.
If you would like more information about Clare’s practice, please contact her clerks or call +44 (0)20 7405 6114.
Housing
Clare is recommended in the Legal 500 and Chambers and Partners 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
- Selective and HMO licensing, rent repayment orders and civil penalty appeals.
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 advises and represents clients in local government cases including:
- claims for judicial review in cases concerning homelessness, housing allocations, Care Act 2014 assessments, human rights and equalities issues.
- selective and HMO licensing, rent repayment orders and civil penalty appeals.
- education appeals.
- section s.222 Local Government Act 1972 injunctions.
Clare was junior counsel for the local authority in the Court of Appeal in Abdikadir v Ealing LBC [2022] EWCA Civ 979, concerning a homelessness appeal.
Clare 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.
She 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.
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.
Anti-social behaviour
Regulatory
Clare represents clients in selective and HMO licensing cases, rent repayment orders and appeals against civil penalties.
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
- Willott R(on the application of) v Eastbourne BC [2024] EWHC 113– representing the successful local authority in judicial review considering grounds for disqualification from the housing register by a local authority on the basis of ‘anti-social behaviour’.
- Moge v London Borough of Ealing [2023] EWCA Civ 464 -representing, as junior counsel, the successful local authority in a Court of Appeal case considering out-of-area placements and the extent of enquiries when a local authority is ending the homelessness relief duty using private rented sector accommodation.
- Abdikadir v Ealing LBC [2022] EWCA Civ 979 – as junior counsel for the local authority in the Court of Appeal concerning a homelessness appeal.
- 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.
- 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.
- 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 Tesfay) v Birmingham City Council [2013] EWCA Civ 1599. Representing the local authority in a homelessness case concerning interim relief.
Legal publications
Clare has previously been on the editorial board for Adviser Magazine. She was also an assistant editor for Encyclopaedia of Housing Law (Sweet & Maxwell) and for 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
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