Practice Profile
Rachel is a specialist Property Barrister. She enjoys a thriving practice in general civil and commercial work.
Before coming to 36 Civil, Rachel completed pupillage at Arden Chambers during which time she undertook a secondment at Newham & Havering LBC in their housing department working on Judicial Review cases and homelessness as well as statutory nuisance. She also undertook a secondment at Hyde Housing Association during which time she dealt with anti-social behaviour injunctions, evictions, suspension of warrants, boundary disputes, nuisance, hoarding, Manchester v Finn/Sheffield v Hopkins applications and other housing and property related disputes.
Before coming to the Bar, Rachel worked as a Legal and Finance Associate at Seneca Banking Consultants dealing primarily with claims against banks in the pre-litigation stage that engaged in the sale of Interest Rate Hedging products, Fixed Rate Tailored Business Loans, GRGs, Annuities and Currency Swaps. Rachel handled a case load of over 150 clients including premiership footballers, hoteliers, accountants, private residential and commercial landlords, private student halls of residence companies, private hospitals, farmers, car dealerships and private individuals. Her experience included drafting pleadings and conducting negotiations. The highest pre-litigation negotiation solely handled was for £4.5 million in favour of a private landlord and letting agent. She was also exposed to insolvency and enforcement work.
Rachel also worked as a Catastrophic Personal Injury Paralegal at DWF and Costs Paralegal at Horwich Farrelly Solicitors on behalf of some of the Europe’s biggest insurance companies. In both positions she drafted documents such as witness statements, defences, Part 18 requests, Points of Dispute and Precedent H forms.
Rachel is also direct access qualified.
Work Undertaken
Property & Landlord and Tenant:
- Commercial and Residential Property
- Adverse possession
- Easements and Covenants
- Possession
- Agricultural tenancies
- Business tenancies under the Landlord and Tenant Act 1954 and land registration
- Service Charges and improvement work
- HMO licensing
- Mobile Homes Act 1983
- Mortgage Repossessions (Protection of Tenants) Act 2010 disputes
- Right to Manage provisions under the Commonhold and Leasehold Reform Act 2002
- Enfranchisement provisions under the Leasehold Reform, Housing, and Urban Development Act 1993, as well as the Housing Act 2004
- Regulation 13 Costs.
- Disputes concerning the interpretation of wills and trusts and rectification,
- Actions under the Inheritance (Provision for Family and Dependants) Act 1975
- Disputes concerning the interpretation of wills and trusts and rectification.
- Dilapidations
- TOLATA 1996 disputes’
Housing:
- Mutual Housing Cooperatives
- Section 21 and section 8 notices seeking possession
- Tenancy deposits
- Disrepair and Hazards
- Unlawful and retaliatory evictions
- Homelessness appeals
- Warrants
- Succession
- Anti Social Behaviour Injunctions and Committal Application
- Statutory Nuisance
- Specialised knowledge of Housing Act 1996, Housing Act 2004, Housing Act 1985, Housing Act 1988, section 11 Children Act 2004, Equality Act 2010 and public law defences.
- Discrimination
Public Law, Judicial Review, Procurement, Local Government and Welfare Benefits:
- The Equality Act 2010
- Articles 8 and 14
- Homelessness Judicial Review Claims
- Housing Benefit, Disability Living Allowance and Employment Support Allowance
- Waste Disposal Regulations
- HMO Licensing
- Delegated authority and agency.
General Civil
- Agency and Distributorship agreements
- Directors’ disputes
- Personal Injury: small, fast and multi track trials
- Financial Services, especially Regulatory & Compliance and FCA Investigations
- Sale of Goods and Services
- Banking and financial misselling
- Civil enforcement in the county courts and High Court (Chancery Division
- The application of CPR 85
- Civil Restraint Order
- Interest Rate Hedging disputes
- Fixed Rate Tailored Business Loans disputes
- Insolvency
Appointments & Memberships
- Chancery Bar Association
- Property Bar Association
- The Constitutional and Administrative Law Bar Association
- Human Rights Lawyers Association
- South Eastern Circuit
- Association of Women's Barristers
- Inner Temple
- Catholic Union of Great Britain
Cases / Recent Developments
Property and Housing
1. Successful in an appeal brought on behalf of a Rent Act Tenant in the First-tier Tribunal (Property Chamber) in a matter concerning the service of an Emergency Prohibition Order under section 43 of the Housing Act 2004. The case raised issues such as:
- Validity of section 239 notices;
- The delegation of authority on the part of the local authority;
- Whether an improvement notice would have been more appropriate in the circumstances.
2. Successful in a defending a secure tenant in a possession trial. This has been appealed by the Claimants and is due to be heard in May 2018 by a Circuit Judge.
3. In a recent service charge case, succeeded in securing service charges on behalf of a freehold management company in a section 27A Landlord and Tenant Act 1985 application in the First-tier Tribunal (Property Chamber).
4. First-tier Tribunal (Property Chamber), recently appeared on behalf of leaseholder challenging proposed works by the freehold management company concerning ‘windows’. This concerned the definition of windows under the lease with reference to Arnold v Britton [2015] UKSC 36 and Wood v Capita Insurance Services Limited [2017] UKSC 24.
5. Advising clients recently on easements, boundary disputes and service charge provisions in leases.
6. Advising a client in relation to the removal of a restriction on the Land Register.
Public Law
1. Presenting a seminar on Hate Crime (Criminal and Civil Sanctions) for Capsticks London ASB Advisory Service.
2. Advising local authorities in housing disputes, ASB cases and homelessness.
3. Represented a Local Authority in a matter concerning the procurement process and breach of contract.
4. Advising on Judicial Review cases concerning housing and homelessness.
5. Acted in parking enforcement cases on behalf of a local authority.
Trusts & Probate
1. Advising in case concerning The Inheritance (Provision for Family and Dependants) Act 1975.
2. Rachel has appeared in the county courts on Trusts of Land and Appointment of Trustees Act 1996 cases for cohabiting couples.
3. Advised on the tax implications and liabilities the spouse of a deceased self-employed worker owes, if at all, to HMRC.
Commercial and Insolvency
1. Rachel was recently successful at first instance and in having the appeal dismissed in a case concerning the contractual provisions of an employment contract in relation to pension contributions.
2. Attendance at a County Court in relation to interim and final charging orders.
3. Advising and appearing on behalf of a creditor in a hearing concerning the set aside of a statutory demand.
4. Advising on an enforcement claim against baliffs.
Employment
1. Advised a trade union in a case concerning references by employers and negligent misstatement.
Awards and Scholarships
- Inner Temple Bursary Award to attend the International Legal Ethics Conference (2014)
- Mayor Award for outstanding contribution to volunteering at Temporary Accommodation and as a legal adviser with the Procurement Team at Stockport Homes (2013)
- The Drapers’ Company Scholarship funding at an LLM in the American Legal System at The College of William & Mary, (Williamsburg, Virginia, USA) (2011-2012)
- Queen Mary, University of London Law School Legal Advice Centre Pro Bono Contribution Award (2011)
- Queen Mary, University of London Bursary Award Winner (2008) (2009) (2010)
- Aquinas College Von Hugel Institute for Future Leaders Course Scholarship (2008)
- A Level Theology – amongst the top ten in the country award (2008)
Volunteering
- Open Table - Help the Homeless
- QMUL Legal Advice Centre
- Sponsoring disabled orphans in the Middle East and sponsoring the education of slum children in Mumbai.
Publications
Shared Ownership leases of flats and Right to Manage: Is it possible?
'The benefit cap and lone parents with children under two: case analysis of DA and Others v Secre...
GOODBYE GRAYLING’S EMPLOYMENT TRIBUNAL FEES
The Secretary of State for the Home Department v Mosira [2017] EWCA Civ 407
The Right to Manage: A Brief Overview
Co-written with Ibraheem Dulmeer of the Leasehold Advisory Service, 19 October 2016, featured on Lexology and the Leasehold Advisory Service website.