Overview: Jim specialises in housing law, administrative law and human rights. Having worked in housing management before coming to the Bar he now mostly represents tenants and homelessness applicants who are in severe need. He has built up a busy practice in all aspects of housing and homelessness work, including judicial review, defending possession proceedings, homelessness appeals, disrepair actions and unlawful evictions.
He is popular with solicitors for his practical problem-solving approach. He is extremely hard working, putting a strong emphasis on sound preparation, and always meets deadlines. In his day-to-day practice he seeks to run innovative and tenacious arguments.
Notable recent cases: - Wandsworth LBC v Whibley [2008] EWCA Civ 1259, in which the Court of Appeal provided guidance as to the circumstances in which a hearing is required before a date for possession can be fixed. Jim who was led by Robert Latham was successful in representing a client who was accused amongst other things of cultivating cannabis in his flat.
- Dove v Kingston CO/1024/2009, in which Jim was successful in obtaining relief requiring the local authority to provide accommodation for a vulnerable teenager.
- Abuah v Croydon CO/4806/2008 in which Jim was successful in obtaining permission to bring judicial review and interim relief where the authority had refused to re-consider their adverse homelessness decision notwithstanding the fact that there was compelling fresh medical evidence.
- Avery v Royal Borough of Kingston CO/1750/2008 in which Jim was instructed by Kingston and Richmond Law Centre and the Official Solicitor in representing a homeless man who had mental health problems and was seeking accommodation from Kingston (he was sleeping in a tent in Richmond park during a period of severely cold weather).
- A & C Developments v Cattlin: a successful permission to appeal application where a possession order had been made on the basis of a fraudulent tenancy agreement.
- Delicata v Sandberg August 2009, Legal Action 35, a decision on a developing area of law in which Jim was successful in having possession proceedings dismissed where the s.21 notice had been served before the landlord had protected the tenant's deposit in a statutory scheme.
- London and Quadrant v Gborie July 2009, Legal Action 33, in which Jim was successful in arguing that the execution of the warrant was oppressive.
Previous notable cases: - Robinson v Hammersmith and Fulham LBC [2006] EWCA Civ 1122; [2007] HLR 7. A landmark homelessness case in which Jim represented the successful Appellant, Akilah Robinson. Amongst other things the case looked at deliberate delay in decision making, the rights of 16 and 17 year olds under the Housing Act 1996, the use of mediation and conciliation by local authorities in seeking to resolve homelessness and the duties of the local authority reviewing officer.
- R (Slaiman) v Richmond-upon-Thames LBC [2006] EWHC 329 (Admin); [2006] HLR 20. A challenge to the lawfulness of a decision by the council refusing to carry out a homelessness review out of time pursuant to Housing Act, s.202 (3). This was only the second reported decision on the use of this discretion.
Speaking and publications Jim frequently speaks on housing issues at conferences and training courses on topics including Equality and Human Rights and Homelessness. Jim was Deputy General Editor of the Encyclopedia of Housing Law and Practice between 2005-2007. He co-wrote Housing Law Pleadings in Practice (2003, 2nd Ed), Sweet and Maxwell and is currently writing the Housing and Premises chapter for a forthcoming Equality and Discrimination Law publication (with Robert Latham). He has also written articles on housing issues for the Journal of Housing Law and Solicitors Journal, including most recently an article highlighting the problem of homelessness "gatekeeping" by local authorities (written jointly with Nik Antoniades of Shelter). He is an active member of the Housing Law Practitioners Association (HLPA).
Reported Cases - Robinson v Hammersmith & Fulham LBC [2006] EWCA Civ 1122;[2007].
- R (Slaiman) v Richmond-upon-Thames LBC [2006] EWHC 329 (Admin); [2006] HLR 20.
- Wandsworth v Whibley [2008] EWCA Civ 1259
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Year of Call
1998
Education
BA (Hons)
Dip Law (City)
Professional Membership:
Fellow of Chartered Institute of Housing and
Housing Law Practitioners Association
Email Address
j.shepherd@doughtystreet.co.uk
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Specialist Teams
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