Daniel Clarke

d.clarke@doughtystreet.co.uk

Year of Call

2013
Daniel Clarke
Profile

Daniel works primarily in housing law and related areas.

 

He also has experience of a wide range of other areas, including community care, actions against the police and other authorities and public and administrative law.

 

Background

Before coming to the Bar, Daniel worked at the Court of Appeal as a judicial assistant to the then President of the Queen’s Bench Division (now Lord Chief Justice), Sir John Thomas. He worked on  both criminal appeals and a range of civil and public law actions in the Queen’s Bench Division.

 

He also worked as a paralegal at a number of solicitors firms and other organisations, including Bindmans LLP, Hickman & Rose and the Public Law Project.

Housing and Social Welfare

Daniel undertakes a wide range of housing work in the county courts and High Court, including advising, drafting and advocacy in homelessness appeals and possession claims.

 

Examples of homelessness work include:

  • R (Edwards & others) v Birmingham City Council [2016] EWHC 173: Junior counsel in a 5-day hearing of four, linked claims for judicial review relating to Birmingham’s treatment of homeless applications under Part 7 Housing Act 1996. Led by Zia Nabi.
  • Hosseini v City of Westminster [2015] October Legal Action 42: Successful appeal under section 204 of the Housing Act 1996, on the basis that – applying the guidance of the Supreme Court in Hotak v Southwark - the local authority had not made sufficient enquiry as to the support that would be available to a vulnerable appellant when homeless.

 

His possession work includes defending tenants on a range of public and private law grounds, and has involved dealing with new or unusual points of law, as well as dealing with clients suffering from disabilities or who lack capacity to litigate. Examples include:

  • Jhawer v Vatts [2016] May Legal Action 40: Successful application to set aside a possession order, applying the principle in Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 to a case where the deposit had been taken, and retained, by an agent who went out of business before the replacement tenancy was granted; the deposit was nonetheless held to have been “received” by the landlord in relation to the replacement tenancy.
  • Reeves v Kurelic [2016] April Legal Action 40: successful application to set aside an accelerated possession order under CPR r.55.19, considering the approach to be taken to applications outside the 14-day limit set out in that rule, in the absence of any decided authority.
  • Reading Borough Council v AM: Defence to possession proceedings under Ground 15A (under occupation following succession to tenancy) on the basis of disability discrimination; claim withdrawn part-way through trial, allowing the defendant to remain at the property.
  • Osuntogun v Vigneswaran [2015] March Legal Action 43: Successful application to suspend a possession order, extending the application of the principle set out in Diab v Countrywide [2001] to apply to the situation where two versions of the typed possession order contradicted each other as to whether it had been made on mandatory or discretionary grounds.

 

Daniel also represents tenants in claims for injunctions and damages in relation to a range of issues including tenancy deposits, disrepair, harassment and unlawful eviction. Examples include:

  • Tyto v Narang [2016] July/August Legal Action 47: Claim for damages for unlawful eviction and breach of tenancy deposit requirements, resulting in a judgment for over £29,000 in damages.
  • OA & JA v WFM & others [2016]: Successful claim for an injunction and damages for harassment, disrepair and breach of tenancy deposit requirements, resulting in judgment for £21,000 in damages.

Community Care and Health

Daniel has experience of a range of community care work, particularly in relation to securing accommodation outside the provisions of the Housing Act 1996.

 

He has conducted a number of judicial review claims against local authorities under the Children Act 1989, successfully securing urgent interim relief for vulnerable children and their families. For example:

  • R (DB & RD) v Lambeth & Southwark: Claim for judicial review against two local authorities in relation to their failure to conduct an assessment of a homeless child under section 17 Children Act 1989 and to provide interim accommodation, each instead blaming the failure of the other; settled following the conduct of an assessment and provision of accommodation.

Actions Against the Police

Before coming to the Bar, Daniel gained substantial experience in actions against the police and other authorities. As a paralegal at Bindmans LLP, Daniel worked on the case of Miranda v SSHD [2014] EWHC 255 (Admin), the judicial review challenge to the lawfulness of the detention of David Miranda under Schedule 7 of the Terrorism Act 2000. At Hickman & Rose, Daniel worked on a wide range of other private and public law actions.

 

Since joining Doughty Street, he has continued to build this experience, providing advice, drafting and advocacy in a range of cases, including:

  • PR v Commissioner of Police for the Metropolis: Claim for damages for false imprisonment, assault, malicious prosecution and breach of Article 5 ECHR in relation to an arrest and prosecution for breach of a restraining order that had been revoked 6 months previously; settled with a substantial payment of compensation to the client.
  • GK v Commissioner of Police for the Metropolis: Claim for damages for false imprisonment, assault and malicious prosecution in relation to the arrest and prosecution of a protester; settled with a substantial payment of compensation to the client.
  • R (Y) v Commissioner of Police for the Metropolis: Claim for judicial review of the decision to administer a simple caution; permission granted and case settled shortly before the final hearing, on the basis that the caution be quashed and deleted from the client’s PNC record.

Memberships

Housing Law Practitioners Association

Housing and Immigration Group

Police Action Lawyers Group

 

 

Education

BA Archaeology (University of Cambridge), First Class

MPhil Social Anthropology (University of Cambridge), Distinction

Graduate Diploma in Law (BPP), Outstanding

Bar Professional Training Course (BPP), Outstanding

 

Scholarships and Prizes

Pupillage:

Wolfson Prize (Lincoln’s Inn)
Sonvico Award (Criminal Bar Association)

BPTC:

Denning Scholarship (Lincoln’s Inn)
Buchanan Prize (Lincoln’s Inn)
Hardwicke Entrance Scholarship (Lincoln’s Inn)

BA:

Anglia Prize – student achieving highest final examination result in archaeology at the University of Cambridge
Richards Prize – candidates achieving highest final examinations results in Kings College, Cambridge

 

Languages

Spanish (intermediate)

Publications

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