James Hurford

James Hurford Housing Solicitor

Areas of expertise

James Hurford is a member of the following staff departments:

I am a solicitor specialising in Housing and Public Law. I qualified as a solicitor in 2009, having previously worked at a not for profit organisation in the West Country.

I have a particular interest in Possession claims, especially those with a Public Law of Human Rights element. As a result, I regularly conduct cases in County Courts and the High Courts. I have considerable experience, including at Swain & Co’s “Housing Court Desk” scheme at Portsmouth and Southampton County Court.

As well as practicing as a solicitor, earlier in my career I was called to the Bar. I also completed a Masters Degree, in which my dissertation focused on the relationship between Article 9 (Freedom of Religion) and Article 10 (Freedom of Expression) of the European Convention of Human Rights.

Outside practice, I am a member of the Member of Housing Law Practitioners Association, and a Member of the Board of the Legal Action Group, which is a charity dedicated promoting equal access to justice for Members of the society who are socially, economically or otherwise disadvantaged. I am a regular writer of Articles for Swain & Co’s Website. I have also written articles which have been published in specialist national law journals.

I have recently been appointed as an Associate Lecturer in Law by Southampton Solent University, teaching Civil Procedure on the Institute of Legal Executives Professional Diploma.

A selection of Success Cases James has worked on:


NRAM v G

Mrs G was a vulnerable lady with a learning disability. Possession Proceedings were brought against her by a bank in relation to a mortgage. She maintained she had never entered into a mortgage, evidence from experts suggested she could not have understood the implications of entering into a mortgage, and it became clear on the evidence that she had been induced to enter into a mortgage by a third party who had acted fraudulently.

The mortgage company eventually withdrew their claim when presented with this evidence.

I took great pride in this case, since the client was extremely vulnerable and was the victim of quite an unpleasant financial crime. As a result of my work she managed to keep her house, and had the mortgage removed from the property.


Hyde Housing v Wannop

This County Court case was reported in Legal Action Magazine in December 2011. In this case, Possession Proceedings had been brought against the client who had a “Starter Tenancy” with a Housing Association.

The Housing Association served a Notice under Section 21 of the Housing Act 1988, but used incorrect wording. As a result, the claim was thrown out.

To me, this case represents a classic example of making sure that the basics of any claim are correct. In Housing Law, it is often the procedural steps which are most important, giving the client security of their home. Sometimes the most effective way a lawyer can assist their client is simply by being a live to these kind of points.


Mrs T

Mrs T was a foreign national who had left her British husband following domestic violence. She was placed in a local domestic violence shelter along with her young child. The local authority had agreed to fund her residence while she tried to resolve her immigration status, but had unexpectedly and without warning announced that they would stop their funding for her to stay in the shelter.

A few days before Christmas, Mrs T approached Swain & Co, and I immediately threatened Judicial Review.

The local authority withdrew the decision and agreed to continue funding her pending a full review. I take particular pride in this case, since it was done in a very short time scale and resulted in a very satisfactory result for a very vulnerable family.


 

Contact details:-

Email: JHurford@swainandco.com
Tel: 02380 631111
Fax 02380 233181

Oakwood Court
62A The Avenue
Southampton
Hants
SO17 1XS