James Stark

"one of the leading lights for social housing work"

Leading junior Social Housing (Northern) Chambers and Partners 2010

"encyclopaedic knowledge of housing allocation and possession proceedings"

Leading junior Social Housing (Northern) Chambers and Partners 2009

"... impressed sources with his 'depth of knowledge in this area' ..."

Leading junior Social Housing (Northern) Chambers and Partners 2008

"...social housing talent ...'extremely hard working and very committed'."

Chambers and Partners 2007

Practice

Housing law
All aspects including residential landlord and tenant (public/private), in particular possession proceedings, disrepair and housing related personal injury, unlawful eviction and harassment, judicial review, allocations and homelessness (HA 1996 appeals), and housing benefit, Anti-Social Behaviour Orders (ASBOs) and Housing Act 1996 injunctions. Trespassers, gypsy and traveller cases and Mobile Homes Act 1983. Enforcing private rented sector standards under the Housing Act 2004 and Environmental Protection Act 1990, disabled facilities grants. Mortgage possessions, property law. Experience of acting on behalf of those with diminished capacity through instructions from the Official Solicitor and homelessness cases involving clients with mental health problems.

Community care
Undertakes judicial review of community care and mental health decisions including failing to carry out assessments, unlawful eligibility criteria, the exclusion of persons subject to immigration control from community care services, failing to put care plans into effect, failing to provide services in an emergency and failing to ensure compliance with the Disability Equality Duty.

Public law
Challenging decisions of public authorities and tribunals including a number of judicial reviews relating to MHRT delays and decisions, housing and homelessness. Advises on the impact and rights and obligations under the ECHR across all areas of practice.

Anti-social Behaviour Orders
Defending those against whom ASBOs are sought and challenging existing ASBOs.

Discrimination
Discrimination claims in goods and services relating to premises, and the conduct of public authorities.

Local Government law
Local Authority powers and duties including compulsory purchase, planning, education and social services.

Personal Information and Privacy
Data Protection Act 1998 , Freedom of Information Act 2000 and breach of confidence claims.

Notable cases

Manchester City Council v Pinnock [2009] All ER (D) 10 (Aug); [2009] EWCA Civ 852 (31 July 2009) (proportionality when granting possession of demoted tenancy) news story / judgment

Helena Housing Ltd v Mower & Molyneux (28/11/07) HHJ Mackay at Liverpool County Court (entrenched tolerated trespassers) commentary in Jan 08 housing bulletin

Rogerson v Wigan MBC [2005] H.L.R. 10, p129; [2004] EWHC 1677 (QB) (definition of hostel) judgment

Salford City Council v Garner [2004] HLR 35; The Times 10 March 2004 (handing over keys may create a tenancy; Introductory Tenancies)

North British Housing Association v Matthews and others [2004] EWCA Civ 1736 and [2005] H.L.R. 17, p242 (power to adjourn mandatory possession proceedings) judgment

Harries and Simpson v Alan Paine Knitwear and others UKEAT/0014/04/SM 28/5/04 judgment

Smith-v- Humberside Magistrates Court [2003] IDS Brief

R v Manchester Crown Court ex parte McCann [2003] IAC 787; [2002] UKHL 39 (Anti-Social Behaviour Orders, ASBOs) judgment

Haynes v Transco plc [2003] EWCA Civ 261

Yates v Elaby ChD 17/11/03 Reported Lawtel 1/11/06 (agent held liable as landlord for unlawful eviction and disrepair )

Manchester City Council v Finn (suspended possession orders) [2003] HLR41; [2002] EWCA Civ 1998

Bond v Leicester City Council (homelessness and domestic violence) [2002] EWCA HLR 6 judgment

Sheffield City Council v Hopkins [2002] EWCA HLR 12 (tolerated trespassers) judgment

R v Secretary of State Home Dept ex parte Nazir Musa EWHC (QB) 11/5/2000 (extending time limits in judicial review)

Recommendations

Leading Junior in Social Housing : Northern (2010) "....... is one of the leading lights for social housing work in the region and 'has the Northern market largely sewn up,' according to peers." more

Leading Junior in Social Housing : Northern (2009) "...considered "an expert when it comes to tolerated trespassers work," Stark is also respected for his "encyclopaedic knowledge of housing allocation and possession proceedings." more

Leading Junior in Social Housing : Northern (2008) "James Stark impressed sources with his 'depth of knowledge in this area.' A former solicitor, his past twelve months have consisted of a diet of possession hearings and unlawful eviction cases, as well as a substantial number of homelessness appeals." Chambers & Partners 2008 more

Leading Junior in Social Housing : Northern (2007) "Outside London, there are very few concentrations of social housing talent but Garden Court North can claim to represent one of them...Amongst its numbers it can count James Stark, whose practice mirrors that of the group as a whole...described as being 'extremely hard working and very committed.'" Chambers & Partners 2007 more

Publications

Contributor on Housing Law Issues to Legal Action and Independent Lawyer. Recent articles include:

• "Entrenched tolerated trespassers: where now after Porter?" - Legal Action May 2008
• "Entrenched tolerated trespassers - a way to dig them out?" - Legal Action March 2008
• "New law for the EU Homeless" - Independent Lawyer May 2007

Other Activities

Provides legal training to a number of organisations including South Yorkshire Housing Law Group, Local Government Group of the Law Society, NACAB and the Commission for Racial Equality, Merseyside Housing Law Practitioners Association, West Yorkshire Housing Group. Also provided training on numerous topics to North West Housing Law Practitioners Group. Speaker at National Housing Law Conference.

Professional associations

Legal Action Group

North West Housing Law Practitioners (co-ordinator)

Administrative Law Bar Association

Background

Formerly a Solicitor specialising in Housing law, admitted 1992 - until 1998.