James Stark

"encyclopaedic knowledge of housing case law."

Chambers & Partners 2012

"...lauded for always having his eye firmly fixed on the salient points in a case"

Chambers & Partners 2012

"Peers admire his 'inventive style' and say he is 'a straightforward opponent who fights his corner with vigour'. "

Chambers & Partners 2011

"...one of the leading lights for social housing work..."

Chambers and Partners 2010

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.

Mental Health and 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. Also undertakes Court of Protection work and displacement of nearest relative cases.

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

Supreme Court and House of Lords
Manchester City Council v Pinnock [2010] UKSC 45 (proportionality) news story / judgment
R v Manchester Crown Court ex parte McCann [2003] IAC 787; [2002] UKHL 39 (Anti-Social Behaviour Orders, ASBOs) judgment

Court of Appeal
Cook v The Mortgage Business Plc [2012] EWCA Civ 17 (North East Property Buyers litigation - sale and leaseback) news story / judgment
Makisi v Birmingham City Council and two other linked appeals [2011] EWCA Civ 355 (Homelessness - right to make oral representations) news story / 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
Hayes v Transco plc [2003] EWCA Civ 261
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

High Court
North East Property Buyers Litigation [2010] EWHC 2991 (Ch) judgment / news story
Rogerson v Wigan MBC [2005] H.L.R. 10, p129; [2004] EWHC 1677 (QB) (definition of hostel) judgment
Yates v Elaby ChD 17/11/03 Reported Lawtel 1/11/06 (agent held liable as landlord for unlawful eviction and disrepair )
R v Secretary of State Home Dept ex parte Nazir Musa EWHC (QB) 11/5/2000 (extending time limits in judicial review)

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

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

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

Recommendations

Leading Junior in Social Housing : Northern (2012) "James Stark of Garden Court North is ...praised as a leading tenant barrister, and is lauded for always having his eye firmly fixed on the salient points in a case. In one recent highlight, he acted in the Supreme Court in Manchester City Council v Pinnock, a case concerning the bearing of Article 8 of the ECHR on possession orders. " Chambers & Partners 2012 more

Leading Junior Administrative and Public Law : The Regions (2012) " James Stark is commended for his "encyclopaedic knowledge of housing case law." A recent highlight saw him acting before the Supreme Court in the case of Manchester City Council v Pinnock. Sources credit him as being "on the ball" and "accomplished at understanding the urgency of a case." " Chambers & Partners 2012 more

Leading Junior in Social Housing : Northern (2011) "James Stark of Garden Court North attracts widespread praise for his expertise in housing law. He was recently involved in the high-profile Supreme Court case of Manchester City Council v Pinnock, a matter that looked at the issue of proportionality when granting possession of a demoted tenancy. Peers admire his "inventive style" and say he is "a straightforward opponent who fights his corner with vigour". " Chambers & Partners 2011 more

Leading Junior in Administrative and Public Law : Northern (2011) "...James Stark [has] substantial experience in public law challenges against public bodies in the North and never fail to impress with [his] “thoroughness and depth of housing law knowledge.” Chambers & Partners 2011 more

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." Chambers & Partners 2010 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." Chambers & Partners 2009 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, Roof, Independent Lawyer and other legal publications. Recent articles include:

• "Are squatting reform proposals causing confusion? - Lexis Nexis Current Awareness 12/10/11 more
• "Lawful consequences" (article covering the House of Lords ruling that it is not unlawful to classify people as 'homeless at home') - RoofMagazine 4/9/09 more
• "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

A member of the Equality and Human Rights Commission's (EHRC) Preferred Counsel Panel > more

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.