Simon Brilliant

Simon Brilliant

"Mr Brilliant is an extremely pragmatic lawyer who is incredibly easy to work with and I would recommend him to any client without hesitation."

2017

“Simon Brilliant’s advice was concise and practical and I found Simon very helpful.”

2017

Practice Overview

Simon undertakes a wide range of property-related litigation. His landlord and tenant work includes rent reviews, service charges, enfranchisement, rights of first refusal, assignment and business renewals. His property work includes adverse possession, alteration of the register, beneficial interests and orders for sale, charging orders, conveyancing, forgeries, mortgages, restricting covenants and rights of way.

Simon sits as a fee paid judge of the Property Chamber of the First–tier Tribunal, dealing with both land registration and residential property cases.

Simon has written the Atkin’s Court Forms’ titles on Land Registration and Trespass to Land. He is the co-author of LexisNexis’ Practical guide to Land Registration Proceedings.

Simon is also an accredited civil and commercial mediator.

Simon did his first degree in Law at Manchester University, where he won the prize in Roman Law.  He then went to Lincoln College, Oxford where he completed the BCL.

Specific Practice information

Simon has conducted dozens of mediations, many of them judicial ones for the Land Registration Division of the Property Chamber of the First-tier Tribunal. Experienced counsel at Radcliffe Chambers has said of his mediating abilities “An unflappable mediator, who really does go the extra mile. He kept us all on track, cracked a dispute that I was convinced was destined for court”.

Simon’s recent work includes the following:

  • Obtaining an order determining the boundary on a substantial Grade 1 l listed Cotswold estate in a position substantially different to that shown on the registered title plans
  • Obtaining a satisfactory settlement for a family property company against a major housebuilder where Simon was able to put forward a powerful argument that the housebuilder’s notice purporting to exercise an option on a £3.5 million plot was bad in law
  • Obtaining a rolled-up permission to appeal hearing in the Court of Appeal where an unrepresented party below had failed to correct the trial judge’s misunderstanding of land registration law. The case then settled on favourable terms before the appeal was heard
  • Demonstrating to the High Court that a commercial landlord had unreasonably refused a tenant’s application to assign its lease. In subsequent proceedings damages were assessed in the sum exceeding £1 million
  • Obtaining an order for rectification of a commercial underlease which failed to mirror certain terms of the head lease, where he was able to show the parties intended otherwise. The application had been strenuously opposed by the landlord seeking to obtain a commercial advantage from the discrepancy
  • Resisting a claim for possession to a high-value prime Central London flat by a Gulf bank mortgagee against an offshore trust, involving a counterclaim for breach of duties owed by the bank
  • Acting for an overseas property owner who discovered his substantial suburban freehold property had been bought and occupied by new registered proprietor as a result of third-party fraud. This case has been the subject of a note in the Conveyancer and is cited in Ruoff & Roper
  • Acting in a claim for costs between owners of substantial adjoining properties following settlement of a protracted boundary dispute, where the combined costs were in the region of £180,000
  • Advising in a case involving trespass by the laying of underground drains
  • Advising on issues of identity required by Land Registry where a lease had not been registered and the lessor had now died
  • Advising a commercial developer on complex rights of way and easement issues, in particular whether a right of way can be rerouted
  • Advising a homeowner whose neighbouring property had been subject to arson attacks, as to whether she had any claim against the local authority
  • Advising a commercial developer as to whether the freeholder had waved breaches of covenant
  • Advising a head lessee Housing Association on the practical effects of a right to manage order
  • Advising a landlord on issues of standing to make an application to the First-tier Tribunal under section 108(2) of the Land Registration Act 2002