Barrister Profile  

Robert Brown Call: 2008
  • Housing
  • Local Government
  • Public Access
  • Public Law
  • Real Property
  • Residential and Commercial Landlord & Tenant
"When handling more complex cases, he projects a real air of confidence and gives the best possible advice"
Chambers and Partners

Summary

Robert became a member of Chambers after completing his pupillage in 2010. He has particular experience in the areas of housing, landlord and tenant, property and public law. He has undertaken Multi-track and Fast Track trials, appeared in the LVT/FTT(PC), UT(LC), county court, High Court, Court of Appeal and Supreme Court, and advised on a wide range of issues.

He is an editor of the Housing Law Reports, a co-author of Judicial Review Proceedings: A Practitioner’s Guide, 3rd edition (LAG, 2013) and Arden & Partington on Housing Law (Sweet & Maxwell).

Robert has been recommended for property litigation and social housing in the Legal 500 and has also been recommended in Chambers and Partners.

He accepts Public Access instructions in appropriate cases.

Areas of Practice

Housing

Robert advises and acts on behalf of both landlords and tenants on all aspects of housing law, including possession claims, injunctions to restrain anti-social behaviour, disrepair, harassment, unlawful eviction and homelessness. He has gained particular experience of the preparation and trial of possession claims.

Robert is familiar with all aspects of homelessness law, having represented both appellants and authorities on Housing Act 1996, s.204 appeals, as well as acting in judicial review claims. He was junior counsel (led by Andrew Arden QC) in Haile v Waltham Forest LBC [2015] UKSC 34; [2015] AC 1471; [2015] HLR 24. He was seconded to the legal team of a London local authority to assist with homelessness litigation for several years. He has also acted in allocations cases, such as R (Alansi) v Newham LBC [2014] EWCA Civ 786.

Robert was instructed as second junior counsel by one of the respondent local authorities in Hounslow LBC v Powell [2011] UKSC 8; [2011] 2 AC 186; [2011] HLR 23. He was also involved as a pupil in researching and preparing for the important housing and human rights cases of Salford CC v Mullen [2010] EWCA Civ 336; [2010] HLR 35; Wilson v Harrow LBC [2010] EWHC 1574 (QB) and Manchester CC v Pinnock [2010] UKSC 45; [2011] 2 AC 104; [2011] HLR 7.

Much of Robert’s housing practice involves disputes about antisocial behaviour. He has acted for landlords and defendants in possession proceedings, applications for injunctions and committal applications. He has also been seconded to a local authority legal department as in-house counsel for anti-social behaviour cases.

Robert has provided training on powers available to local authorities to deal with social housing fraud. He has also represented local authorities and housing associations in cases of alleged housing fraud. He also has experience of issues with tenancy deposits and licensing schemes

Robert’s housing practice often involves community care issues. He has advised and acted in judicial review cases on duties under Children Act 1989.

Robert lectures and provides training on a range of housing issues. He is an editor of the Housing Law Reports, a co-author of Quiet Enjoyment: Protection from Rogue Landlords, 8th edition (LAG, 2017) and a co-author of Arden & Partington on Housing Law (Sweet & Maxwell).

Real Property

Robert has experience of a wide range of property law matters, including adverse possession, boundary disputes, mortgages, orders for sale, trusts of land, easements, and inheritance disputes.

Public Law

Robert has been involved in a number of important public law cases, including Ali v Birmingham CC [2010] UKSC 8; [2010] 2 AC 39; [2010] HLR 22; Manchester CC v Pinnock [2010] UKSC 45; [2011] 2 AC 104; [2011] HLR 7; Hounslow LBC v Powell [2011] UKSC 8; [2011] 2 AC 186; [2011] HLR 23; R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496; Haile v Waltham Forest LBC [2015] UKSC 34; [2015] AC 1471; [2015] HLR 24.

He has also worked on a complex procurement dispute and advised in relation to state aid.

He has lectured on judicial review and the Equality Act 2010 and is a co-author of Judicial Review Proceedings: A Practitioner’s Guide, 3rd edition (LAG, 2013).

Local Government

Robert has acted for and advised local authorities in cases involving a wide range of issues, including procurement, state aid, data protection, freedom of information, and constitutional arrangements.

Residential and Commercial Landlord & Tenant

Robert regularly acts for and advises private landlords and tenants. He has acted in complex forfeiture cases and has also advised in relation to business tenancies.

He has appeared in the FTT(PC) and LVT in cases concerning enfranchisement, the right to manage, service charges, consultation requirements, variation of leases and the appointment of a manager. He also regularly advises on these matters and provides training on a wide range of leasehold issues.

Public Access

Robert accepts instructions on a Public Access basis in appropriate cases.

Noteworthy Cases

Jetha v Basildon Court Residents Company Ltd [2017] UKUT 58 (LC)

Evans v Kensington & Chelsea RLBC [2016] EWCA Civ 653

Haile v Waltham Forest LBC [2015] UKSC 34; [2015] AC 1471; [2015] HLR 24

Clarke v Birmingham CC (28 October 2014, unreported), CA

R (Alansi) v Newham LBC [2014] EWCA Civ 786

R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496

Hounslow LBC v Powell [2011] UKSC 8; [2011] 2 AC 186; [2011] HLR 23

Recommendations

Recommended for Social Housing in Chambers & Partners 2017:

“He is an impressive junior who has appeared in courts at all levels”

“Strengths: ‘When handling more complex cases, he projects a real air of confidence and gives the best possible advice.’ ‘Completely on top of the law and a calm, careful advocate.'”

Recommended for Social Housing in Chambers & Partners 2016:

“Noted for his intellectual rigour and his personable approach.”

“He’s exceptionally bright and extremely able.”

Recommended for Property Litigation and for Social Housing in Legal 500 2017

“He is very bright, thoughtful and has a considered approach.”

Recommended for Social Housing in Legal 500 2016

Recommended for Social Housing in Legal 500 2015:

“He gets results time and time again.”

Recommended for Social Housing in Chambers & Partners 2015:

“a junior who ‘punches above his call year.’

Expertise: ‘He is quick on his feet and passionate about his public work.’ ‘He’s commercially astute and considers the final objective.'”

Recommended for Social Housing in Chambers & Partners 2014:

“He is considered a go-to junior with instructing solicitors underscoring client care skills: ‘He really understands their objective and legal position.’

Expertise: ‘He’s terribly knowledgeable about housing policy and legislation.'”

Legal Publications

Author/co-author/contributor

Quiet Enjoyment: Protection from Rogue Landlords, 8th edition (LAG, 2017), co-author

Judicial Review Proceedings: A Practitioner’s Guide, 3rd edition (LAG, 2013), co-author

Arden & Partington on Housing Law, looseleaf (Sweet & Maxwell), co-author

Annotations

Localism Act 2011

Local Government Finance Act 2012

Editor

Editor, Housing Law Reports

Articles

‘No quick fixes: the Housing White Paper’ Journal of Housing Law 2017, issue 20(3)

‘A brief history of crime: ASB and housing’ Journal of Housing Law 2014, issue 17(3)

‘Flexible Tenancies: An Overview’ Journal of Housing Law 2012, issue 15(4)

‘Trespassers will definitely be prosecuted … maybe’ Journal of Housing Law 2012, issues 15(2) & 15(3)

‘The Localism Bill: taking security of tenure for granted?’ Journal of Housing Law 2011, issue 14(2)

‘Weaver: a step too far?’ Journal of Housing Law 2009, issue 12(6)

Other

Prior to joining Chambers Robert gained considerable experience of working in local government, the Civil Service, higher education and the third sector. During this time, he was involved in high profile judicial review cases and cases before the European Court of Justice and the European Court of Human Rights.

Robert has a particular interest in human rights and discrimination law and was involved in lobbying during the drafting and Parliamentary passage of the Equality Act 2010.

Robert was awarded the 2008 Sir Louis Gluckstein Prize for Advocacy by Lincoln’s Inn. He has degrees in History and Law.