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Simon Brilliant

Senior Partner

T/F: +44 206 2895423

Pratice Areas

  • Energy
  • Infrastructure
  • PPPs & Projects

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, restrictive 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