Simon Whitfield

Call 2009

whitfield@exchangechambers.co.uk

“He is approachable, knowledgeable, gives clear advice and makes himself available within a short period of time, which is very helpful.”

Chambers and Partners 2021
Photo of Simon Whitfield

Local Government and Social Housing

Simon advises numerous local authorities in relation to both commercial matters and regulatory issues. He also advises registered social landlords in relation to possession actions, anti-social behaviour orders and injunctions.

Simon is also a recognised expert in the field of non-domestic rating law. He regularly advises local authorities and payers on rating disputes and appears in both the Magistrates’ Courts and on appeals in the High Court.

Local Government & Social Housing Cases

Successfully pursuing for local authorities contested claims for Non-Domestic Rates Liability Orders.

Appearing for the billing authority both before the District Judge (Magistrate) and in the High Court on appeal by way of case stated concerning listed buildings and liability to business rates – R on the Application of Burnley Borough Council v Huron Properties Limited [2016] EWHC 3803 (Admin).

Appearing for the billing authority before the District Judge (Magistrate) in Liverpool City Council v Preservation & Promotion of the Arts (6 April 2021) successfully defeating a claim of the payer that it was entitled to charitable rates relief.

Pursuing contested claims of other local authorities for business rates where the occupiers claim charitable exemption.

Appearing for the billing authority before the District Judge (Magistrate) in Halim v Manchester City Council (13 March 2020) and successfully resisting an application to set aside rates liability orders on the basis of delay in bringing the application.

Advising a billing authority concerning a claim for charitable business rates relief where the payer operates through a non-charitable trading subsidiary.

Advising a local authority in a dispute with a developer arising out of a s.106 Agreement.

Appearing for registered social landlords in possession claims and obtaining anti- social behaviour injunctions under the Housing Act 1996, and subsequent orders for committal for breach of injunction.

Obtaining Civil Restraint Orders against vexatious litigants.