Simon Brilliant

Simon is a well established practitioner in a range of real property and landlord and tenant matters. He specialises in litigation and related advisory work, and undertakes both commercial and residential cases. He has considerable experience of both oral and written advocacy. He sits as a specialist tribunal judge dealing with both land registration and residential property disputes.

He is an accredited mediator, and has been described by experienced counsel as

“An unflappable mediator, who really does go the extra mile. He kept us all on track, and cracked a dispute that I was convinced was destined for court.”

Further information

Other publications

  • The single county court


  • LLB Manchester University
  • RG Lawson Prize in Roman Law 1973
  • BCL Lincoln College Oxford 1975
  • Called to the Bar Middle Temple 1976
  • Member of the Bar Council Professional Conduct Committee 2002-2005
  • Deputy Adjudicator to HM land Registry 2004-2013
  • Judge of the Land Registration Division of the Property Chamber of the First-tier Tribunal since 2013
  • Judge of the Residential Property Division of the Property Chamber of the First-tier Tribunal since 2014

Contentious Trusts and Probate

Simon has substantial experience of the law of joint ownership and applications under the Trusts of Land etc Act 1996. His probate work includes testamentary capacity and family provision disputes.

Recent Cases:

Simon has recently obtained:

  • an order determining the boundary on a substantial Grade I listed Cotswold estate in a position substantially different to that shown on the registered title plans.
  • a satisfactory settlement for a family property company against a major housebuilder where he was able to put forward a powerful argument that the housebuilder’s notice purporting to exercise an option on a £3.5M plot was bad in law.
  • an order for rectification of a commercial under-lease which failed to mirror certain terms of the head lease, where he was able to show the parties had intended otherwise. The application had been strenuously opposed by the landlord seeking to obtain commercial advantage from the discrepancy.

Reported Cases:

  • Clarence House Ltd v National Westminster Bank PLC [2009] 3 All ER 175 (commercial landlord and tenant: virtual assignment)
  • Lombard North Central PLC v Remax Harborne Ltd [2009] L & TR 14 (commercial landlord and tenant: consent to assignment)
  • Royal Bank of Scotland PLC v Victoria Street (No 3) Ltd [2009] L & TR 17 (commercial landlord and tenant: consent to assignment)
  • Royal Bank of Scotland PLC v Victoria Street (No 3) Ltd [2008] EWHC 579 (Ch) (commercial landlord and tenant: consent to assignment: summary judgment)
  • Charles v NTL Group Ltd [2002] EWCA Civ 2004 (Part 36 offers)
  • Sargespace Ltd v Azadian Property Ltd (2012) unreported (interpleader following a default judgment)
  • Newman v Folkes [2002] PIQR Q2 upheld on appeal [2002] EWCA Civ 591 (loss of earnings)
  • Kincaid v Hartlepool BC LTL 5.12.00 (duty of care owed by occupier of beach)
  • Twinsectra v Jones [1998] 2 EGLR 129 (first refusal under Landlord & Tenant Act 1987)
  • Abada v Gray [1998] TLR 369 (payment into court)
  • Kay Green v Twinsectra [1996] 4 AER 546 (first refusal under Landlord & Tenant Act 1987)
  • Target v Clothier [1993] 25 HLR 48, CA (mortgage possession)
  • Hounslow BC v Hare [1991] 24 HLR 9 (right to buy and rectification of the register)
  • Denetower v Toop [1991] 3 AER 661, CA (first refusal under Landlord & Tenant Act 1987)
  • Gore v Carpenter [1990] 60 P&CR 456 (severance of joint tenancies)
  • Barclays Bank v Kennedy [1989] P&CR 221, CA (undue influence)
  • Brinnand v Ewens [1987] 19 HLR 415, CA (proprietary estoppel)
  • Lynch v Sudjic [1987] Times 18/5/87 (contractual illegality)
  • Hulme v Langford [1985] 50 P&CR 199, CA (statutory tenancy)
  • Idnani v Elisha [1979] RTR 488, CA (bailment)

Simon’s decisions include:

  • Burton v Walker [2014] 1 P&CR 9 (validity of lordship of the manor and alteration of the register against a registered proprietor) (appeal in Court of Appeal)
  • Quigley v Masterson [2012] 1 All ER 1224 (severance of a joint tenancy) (appeal in High Court)
  • Palace Gate Worldwide Ltd v Palacegate Agencies Ltd (2010) Rec 2009/007 (jurisdiction to alter the register in a rectification of a document application pursuant to s.108(2) Land Registration Act 2002)
  • Khan v Khan [2011] EWLandRA 2008_0837 (procedure where a party has been directed to commence court proceedings and the proceedings are struck out)
  • Wilkinson v Farmer [2010] EWCA Civ 1148 (construction of width of right of way) (appeal in Court of Appeal)

*This barrister is authorised to practice in England & Wales. Click here to search on the Bar Standards Board Barristers’ Register.

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Richard Power

Richard Power

Head of Chambers

Call: 1983

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