Simon Brilliant
Call
Called 1976
Practice group
Appointments
Deputy Adjudicator to HM Land Registry
Education
Clifton College, Bristol
University of Manchester, LL.B and R.G.Lawson Prize in Roman Law, 1973
Lincoln College, Oxford University, BCL 1975
Practice
Court of Appeal, all divisions of the High Court, County Courts and the Leasehold Valuation Tribunal, in the following areas of work:
Landlord and tenant and related property matters; bank guarantees and mortgages; personal injury and clinical negligence for both claimants and insurers; professional negligence
Experience
A broadly based civil practice including all the areas of work set out above
Reported cases include
Idnani v Elisha [1979] RTR 488, CA (bailment)
Hulme v Langford [1985] 50 P&CR 199, CA (statutory tenancy)
Lynch v Sudjic [1987] Times 18/5/87 (contractual illegality)
Brinnand v Ewens [1987] 19 HLR 415, CA (proprietary estoppel)
Barclays Bank v Kennedy [1989] P&CR 221, CA (undue influence)
Gore v Carpenter [1990] 60 P&CR 456 (joint tenancies)
Denetower v Toop [1991] 3 AER 661, CA (first refusal under Landlord & Tenant Act 1987)
Hounslow BC v Hare [1991] 24 HLR 9 (right to buy)
Re A and W [1992] Fam 182, CA (residence orders)
Target v Clothier [1993] 25 HLR 48, CA (mortgage possession)
Kay Green v Twinsectra [1996] 4 AER 546 (first refusal under Landlord & Tenant Act 1987)
Abada v Gray [1998] TLR 369 (payment into court)
Twinsectra v Jones [1998] 2 EGLR 129 (first refusal under Landlord & Tenant Act 1987)
Kincaid v Hartlepool BC LTL 5.12.00 (duty of care owed by occupier of beach)
Newman v Folkes [2002] PIQR Q2 upheld on appeal [2002] EWCA Civ 591 (leading case on allowing claim for loss of earnings although no tax or national insurance paid and on no discount for gratuitous care)
Charles v NTL Group Ltd [2002] EWCA Civ 2004 (leading case on interpretation of CPR r 36.8)
Articles
"A new name needed for adverse possession?" Civil Court News October 2002 p 19 (commentary on the HL decision in Pye v Graham)
Membership
Association of Personal Injury Lawyers
Professional Negligence Bar Association
Property Bar Association
Interests
Reading and cricket
