Rachel is a specialist property barrister that also has experience in commercial dispute resolution and private client. Rachel acts in all types of property disputes (residential and commercial). Rachel’s practice also encompasses contentious trusts, wills, and probate (including TOLATA and Inheritance Act claims), commercial disputes arising out of a breach of contract and insolvency. Her expertise in property is founded on her last 4 years of being a tenant at the 36 Group, her pupillage at Arden Chambers and her work experience before coming to the bar when she spent time working in hedging product mis-selling often dealing with property investors and farmers, volunteering in the procurement and commercial team at Stockport Homes, volunteering as a cleaner at a temporary accommodation for domestic violence victims at Stockport Homes, paralegal work at law firms such as DWF LLP, and on secondments at Hyde Housing and OneSource. In the USA, she acted pro bono in property and planning matters in Virginia whilst studying for her LLM.
Clients that Rachel has worked with include private and commercial landlords, commercial and residential tenants/leaseholders, banks, U.K. solicitors’ firms with domestic and/or international clients, start-ups, private equity sponsors, local government departments and councils, property management companies, charities, high net worth individuals, beneficiaries, trustees and more vulnerable members of society.
Rachel has appeared in the High Court in the Business and Property Courts, Companies Court, Queens Bench Division and Chancery Division. She has built a strong experience in the County Court to multi track level. She also has experience in the First-tier Tribunal (Property Chamber) and (Land Registration) and advising in matters concerning service charges, rule 13 costs, boundary disputes, easements, breaches of covenant, adverse possession, rent repayment orders and the Housing Act 2004.
In addition to writing articles for LEASE, Flat Living and Local Government Lawyer, and delivering webinars and seminars for MBL Seminars, DG Legal, Datalaw and FOR Media Group, she was a pro bono volunteer at QMUL Legal Advice Centre. She also judges their annual mooting competition.
Rachel was called to the Bar in 2013. She graduated from Queen Mary, University of London with a First-Class Honours. After winning the prestigious Drapers’ Company Scholarship she graduated with an LLM in American Legal Studies at The College of William and Mary, USA, Virginia.
Rachel is an experienced advocate and is regularly instructed in a variety of property disputes, commercial, landlord and tenant, land registration, adverse possession, forfeiture, service charges, leasehold extension, Rule 13 Costs, right to manage applications, breach of leases (leasehold), dilapidations, right to light, business tenancy renewals, boundary disputes, tree preservation orders, enforcement of easements and covenants relating to land, trespass, unlawful eviction, injunctions, section 21 and section 8 notices, tenancy deposits, rent repayment orders, Housing Act 2004 appeals pursuant to sections 43 and 45 and disrepair.
Recent matters include:
Commercial Landlord and Tenant
- Drafting pleadings and representing a purchaser of a commercial premises that is currently seeking possession post transfer, the seller having failed to vacate;
- Representing the vendor in a Post Office building and business transfer in the High Court;
- Drafting pleadings and representing the landlord in an ongoing business tenancy renewal dispute concerning when a counter-notice was served and whether the business was in occupation when the s.26 was served;
- Representing a lender seeking to enforce a charge against a commercial premises owned by the Guarantor in a 5-day trial. The lender was successful. The matter has been appealed. The appeal is to be heard in December 2021 in the High Court and concerns the interplay between the Statute of Frauds Act 1677 and a potentially defective deed that is underpinned by a valid loan agreement;
- Drafting pleadings and representing a freehold owner of a mixed-use premises concerning the Party Wall Act 1996, noise nuisance and alleged trespass in respect of a flu;
- Drafting pleadings and representing a care home in a mixed-use tenancy in possession proceedings;
- Drafting pleadings and representing a business in a matter concerning subsidence alleged to be caused by the adjoining property’s construction work/s;
- Representing an outgoing tenant concerning whether he left the premises vacant and/or whether he can take the mezzanine floor with him;
- Drafting and representing a Claimant seeking to obtain a specific performance order for a signed transfer form and TR5 following an agreement between the parties in mediation;
- Advising on the drafting of an Option Agreement;
- Advising about a tenancy at will in a marketplace.
Residential Landlord and Tenant
- Drafting pleadings and representing a tenant in a challenge to an Emergency Prohibition Order;
- Drafting pleadings and representing a number of leaseholders in an ongoing service charge challenge;
- Drafting pleadings and representing a number of leaseholders in an ongoing matter in which they seek an extension of their lease at the correct premium that is now challenged;
- Drafting pleadings and representing a deceased’s daughter in a matter in which she resided in a property in which there was an Equity Release Mortgage that came to an end on the death of the deceased;
- Drafting pleadings and representing a vendor of residential property in respect of a Torts Act 1977 claim.
- Representing a bed and breakfast in an adverse possession application in respect of a cellar they legally owned;
- Drafting pleadings and representing an Applicant in that is currently seeking adverse possession of land next to a reservoir;
- Drafting pleadings and representing a landowner in an ongoing dispute in the High Court concerning the dredging of a lake on his land and remedial work/s to an Area of Outstanding Natural Beauty;
- Drafting pleadings and representing residents in a case concerning what constitutes a highway;
- Drafting pleadings and representing a private individual in a boundary dispute concerning parking;
- Drafting pleadings and representing a private individual about who owns an unregistered alleyway;
- Drafting pleadings and representing a commercial tenant in a right of way dispute concerning parking;
- Drafting pleadings and representing a private individual in a matter concerning an extension;
- Representing Respondents in Rule 13 Costs applications;
- Advising on the interplay between easements and section 77 Schools Standards and Framework Act 1998 in relation to playing fields;
- Advising about the High Hedges Regulations 2005 and right to light concerning a Grade I listed building;
- Advising a local authority about tree preservation orders;
- Advising about Japanese Knotweed;
- Advising a potential adverse possessor in a matter concerning estoppel.
Possession, Injunctions and Appeals (Private and Social Housing)
- Section 8 notices
- Section 21 notices
- Local Authority Secure Tenancies and possession including succession, only and principal home, Anti-Social
- Behaviour, rent arrears;
- Tenancy Deposits;
- HMO licences;
- Homelessness Appeals.
Private Client (Trusts and Probate)
Rachel’s private client practice covers wills and probate disputes, financial provision claims, the administration of estates, and contentious trusts matters (onshore and offshore). She has particular expertise in TOLATA 1996 and 1975 Act claims as well as litigation founded on breach of trust.
Rachel also engages in international probate work with particular expertise on re-sealing under the Colonial Probates Act 1892.
Recent matters include:
- Drafting and representing a Defendant in a 2-day trial determining beneficial ownership of property in circumstances where a property was built on a plot of land apparently sold to the Defendant’s ex-partner;
- Drafting and representing an Applicant in an ongoing matter seeking to set aside a TR1 alleged to have been signed when lacking capacity and/or under duress/undue influence;
- Drafting and representing a Claimant seeking a declaration of her alleged beneficial interest in a property;
- Representing an executrix concerning the burial of her mother in a foreign jurisdiction. This concerned a s.116 Senior Courts Act 1981 claim and application to remove the executrix as administrator;
- Drafting and representing a Claimant in a multi-track trial determining beneficial ownership of a family home in which there was a disputed declaration of trust;
- Advising a client about the failures of the executrix to set up a Nil Rate Fund Trust;
- Advising a beneficiary on the merits of an application to remove a personal representative.
Commercial Dispute Resolution
Rachel is experienced in a variety of commercial disputes, often with a property dimension. These include claims arising out of transactional agreements; shareholder, partnership and joint venture disputes; and sale of goods and services.
Recent matters that Rachel has worked on include:
- Drafting and representing a company in an ongoing dispute concerning a pharmaceutical contract;
- Representing a large company in several ongoing disputes concerning breaches of directors’ duties, unfair prejudice under the Companies Act 2006 and the non-payment of loans;
- Advising a large property developer about a breach of a construction contract entered into with a large company domiciled in Germany, with a particular emphasis on any breaches relating to the Building Regulations 2010 with regard to the common JCT contract;
- Advising a director of a large company in an unfair prejudice claim under the Companies Act 2006;
- Representing a director in an ongoing case concerning an alleged breach of a covenant;
- Advising on the recovery of renovation costs against a negligent builder;
- Advising on the relevant jurisdiction in contract claims concerning Latin American companies;
- Advising a Brazilian company on the enforceability of a contract in the UK concerning PPE;
- Advising a partner about how to dissolve a partnership;
- Advising and liaising with the FCA about interest rate hedging products;
- Advising on an alleged repudiatory breach of a large cleaning contract for a hotel;
- Advising on the novation of a contract and warranty.
Rachel has acted in a broad array of corporate and personal insolvency matters. She has acted in asset recovery proceedings and has particular experience of applications to restrain presentation and advertisement of petitions and to set aside statutory demands.
Recent matters include:
- Representing a company in proceedings against HMRC. The litigation concerned tax liabilities arising as a consequence of Construction Industry Scheme credits having not been processed and VAT returns requiring updating;
- Advising and representing companies on costs issues arising out of winding up petitions, see reported case in the chancery division at  EWHC 1079 (Ch);
- Representing a director of a business in an application to set aside statutory demands served in respect of a disputed deposit and bounced cheque;
- Representing public bodies and companies in winding-up proceedings founded on non-payment of non-domestic rates.
Rachel advises and represents individuals, shareholders, partners, directors or other third parties on corporate governance issues, including directors’ duties and remuneration, and unfair prejudice claims.
Recent matters that Rachel has worked on include:
- Advising a director of a large company on making an unfair prejudice claim, under the Companies Act 2006.
- Representing a director in an ongoing case in respect of a loan that remains unpaid by a former co-director that is alleged to be personal and unrelated to the company and not a company asset
- Representing a director (and his Company) in an ongoing case concerning an alleged breach of a covenant entered into with his former company to not compete with it in a set period of time and geographical area.
Rachel Coyle has specialist expertise on all matters relating to costs stemming from her time working as a Costs Paralegal for numerous national insurance companies in personal injury cases. Rachel is able to undertake drafting and advisory work on all forms of funding arrangements as well as advising on costs budgeting and estimates.
Seminars and Webinars
- Right to Light
- Do’s and Don’t of Conveyancing and Title Plans
- Business Rates and the decision in Monk
- The decision in R (Gaskin) v Richmond Upon Thames LBC  EWHC 1996 (Admin) Divisional Court
- Rent Repayment Orders
- Hedging and Misselling
- Homelessness Update
- Japanese Knotweed: Network Rail Infrastructure Ltd v Williams and Anor  EWCA Civ 1514
- IR Amendments
- Obtaining writs of possession: What clarity do we now have in Partridge v Gupta  EWHC 2110 (QB)?
- Domestic Abuse Act and Housing
- The decision in Cooper Estates Strategic Land Limited v Wiltshire Council  EWHC 1704 (Admin)
- Recourse against Landlords
- Prohibition Orders
- Leasehold Extensions for the London Boroughs Legal Alliance
- Homeless Reduction Act 2017 and Housing and Planning Act 2016 for London Boroughs Legal Alliance
- Hoarding and Mental Health for Housing Practitioners
- Hate Crime for Capsticks
- Section 21 Notices - Where Are We Now?
- Personal Contract Purchase – A Quick Guide
- Money Laundering Regulations – Mitigating Risk
- Homelessness Case Law Update
- Challenging Prohibition Orders
- Eviction and Coronavirus Act 2020
- Unlawful Eviction and Harassment
- Housing and Planning Act 2016 – An overview
- ‘A Practical Guide to Hoarding and Mental Health for Housing Lawyers,’ Law Brief Publishing, 2020;
- ‘A Practical Guide to the Housing Health and Safety Rating System (HHSRS)’, Law Brief Publishing, due to be published January 2022
- Shared Ownership: Leases of Flats and Right to Manage,’ LEASE website and Flat Living, July 2018
- ‘Goodbye Grayling’s Employment Tribunal fees’Local Government Lawyer, 10 August 2017
- Benefit cap and lone parents with children under two, Local Government Lawyer, 3 August 2017
- ‘Right to Manage: A Brief Overview.’ 19 October 2016, featured on Lexology and LEASE.
- Property Bar Association,
- Commercial Bar Association,
- Chancery Bar Association,
- South-Eastern Circuit,
- Constitutional and Administrative Law Bar Association;
- Association of Women Barristers,
- WINRS (Women in Law, Reed Smith),
- Inner Temple,
- St Thomas More Society.
• Direct Access Qualification July 2017
• -New Practitioner’s Course April 2017
• Manchester Metropolitan University September 2012-June 2013
Bar Professional Training Course (BPTC) 68.8%
• The College of William & Mary (WM) Williamsburg, VA (USA) (Draper Scholar) August 2011-May 2012 LLM American Legal Studies, GPA 3.42
• Queen Mary, University of London (QMUL) September 2008-June 2011
Law - First Class with Honours (LL.B) Hons
• Aquinas College (Sixth Form) September 2006-June 2008
A Levels: 3A’s (History, Law, Theology – top 10 in UK). AS: 1B (Classics). HEA: Distinction
• Harrytown Catholic High School September 2001-June 2006
GCSE: 3 A*’s, 5A’s 2B’s, 1C & European Computer Driving Licence, British Computer Society
Awards and Scholarships
Inner Temple Award (International Legal Ethics Conference 2014),
Mayor Award (2013),
CEDR Negotiation Competition Regional Finalist Award (2013),
The Drapers’ Company Scholarship funding an LLM in the USA (2011-2012)
QMUL Legal Advice Centre award (2011),
Various national moot awards (2009,2010,2011),
QMUL Law School Bursary Winner (2008-2011),
Aquinas College Von Hugel Institute Funding for Leadership Conference (2008).
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  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.