Practice Summary

Jacqueline joined Landmark in October 2008 after successfully completing her 12 months' pupillage in Chambers. She accepts instructions in all areas of Chambers' practice. Jacqueline has a busy property practice, and a rapidly developing planning / public law practice.

Since commencing tenancy, Jacqueline's work has included:

Property

• Residential landlord and tenant:  a wide range of advisory work and pleadings, including extent of demise (specifically roof or loft space), service charge disputes, rentcharges, unlawful eviction, disrepair and tenancy deposit disputes .  Regular appearances in the county courts and LVT.
• Commercial landlord and tenant: a wide range of advisory work and pleadings including rent reviews, various issues arising under Part II Landlord and Tenant Act 1954,  rectification of leases, and forfeiture.
• Mortgage disputes:  currently instructed on a large scale commercial lend cross-portfolio default also involving unlawful sublettings and insolvency.  Regular appearances in the county court in mortgage possession proceedings.  Advisory work includes issues arising out of the variation of leases of mortgaged property.
• Real property:  advisory work includes boundary disputes, rights of way and enforcement/release of covenants, including powers of parish councils.
• Flooding:  Advising on merits of potential nuisance/negligence claims against higher land-owners, and assisting other members of chambers in relation liabilities for flood defence structures.
• Applications in the TCC and Chancery Division, including applications to extend a freezing injunction to third parties and their assets, and for committal for contempt of court.
• A developing insolvency practice, including regular appearances in the Bankruptcy Court.
• Assisting other members of chambers in a wide range of matters, including proprietary estoppel in a family context, reasonableness of withholding consents, and contracts for the sale of land conditional upon the grant of a satisfactory planning permission.

Planning

• Appearing (with James Maurici) for the Interested Party in R (on the application of the Health and Safety Executive) v. Wolverhampton City Council, [2009] EWHC 2688 (Admin), an application to quash planning permission for a development built within 100m of an LPG facility which had not been properly notified to the HSE, where the JR was commenced almost a year after permission was granted, and the relief sought included final injunctive relief against the Interested Party.
• Appearances for local authorities at s.78 and enforcement notice appeals, with issues including conservation area concerns, flood risk, and waste.
• Acting for local authorities and defendants in planning prosecutions and appeals in both the Magistrates' and Crown Courts.  Currently instructed in a substantive Crown Court trial (acting for the local authority) and an appeal to the Crown Court against conviction (for the Defendant)  concerning alleged failures to comply with enforcement notices under s.179 TCPA 1990.
• Advisory work includes the merits of statutory appeals, enforcement action against unauthorized development (including , and the scope of permitted development rights in relation to constructing access from private property to a highway
• Assisting other members of chambers in wide matters including waste management, energy developments, highways, compensation, E.I.A., and permitted development rights.

Public

• Instructed as junior to Nathalie Lieven Q.C. in Djanogly v. Westminster City Council [2010] EWHC 1825 (a challenge to the introduction of charging for motorcycle parking in Westminster)
• Representing the Appellant (with David Forsdick) in an appeal to the Upper Tribunal against a decision that there had been overpayment of housing benefit/council tax benefit where the overpayment arose out of a retrospective equalization of pay between part-time and full-time workers (EM v London Borough of Waltham Forest  [2009] UKUT 245 (AAC));Immigration: appearances before the IAT at appeal and reconsideration stages against a refusal of indefinite leave to remain.  Advisory/drafting work includes summary grounds in JRs against refusal of ILR (including the stopping the clock provisions), refusal to treat further representations as fresh claims, and Article 8 claims. 
• Intervening (with James Maurici) by way of written submissions for Justice in a judicial review concerning prisoners' access to healthcare (R (Brooks) v. Secretary of State for Justice CO/6004/2008);
• Clerking and appearing as a representative at Education Appeals Tribunals (Selection, Transfer, Infant Class Size and Exclusion);
• Assisting other members of chambers with a variety of social security and immigration cases, and anticipated (or actual) challenges to decisions of public bodies;
• Various assignments undertaken for the Treasury Solicitors, including disclosure in ongoing large-scale litigation.
  Jacqueline is particularly interested in the intersection of planning / property law matters, and has recently been involved in a dispute concerning a contract for the sale of land conditional upon a satisfactory planning permission being obtained by a specified date.  For a brief article on the issues that can arise in such cases, please click here.