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.
Property
Jacqueline’s property work encompasses the full range of landlord and tenant (residential and commercial) and real property matters. She regularly appears before the County Courts, LVT and Adjudicator to HM Land Registry. Recent work includes an application in the LVT as to the premium payable for a new lease under the 1993 Act, a claim for a prescriptive easement over a property which was also burdened by an express right of way, and mortgage possession proceedings concerning a large scale commercial lend cross-portfolio default, unlawful sublettings and insolvency. Jacqueline also has a rapidly developing insolvency practice. High Court experience includes applications in the Chancery Division (including an ex-parte application to extend a freezing injunction to third party assets) and in the Bankruptcy and Companies Courts.
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, and advised on breaches of planning control/environmental regulation regimes in the context of the attempted termination of commercial leases.
Planning
Jacqueline regularly appears at planning inquiries (s.78 and enforcement notice appeals), and in the Magistrates and Crown Courts (for both local authorities and Defendants). Recent inquiries involved issues including waste, flood risk, noise and the statutory definition of caravans. Advisory work includes the scope of permitted development rights in the context of access to property from the highway, agreements under s.38 and s.278 of the Highways Act 1980, and the provision of affordable housing outside defined rural settlements. High Court work includes 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.
Public
Jacqueline undertakes a wide range of work in this area, including social security disputes, immigration appeals and ratings disputes. Recent local government work includes Djanogly v. Westminster City Council [2011] EWCA Civ 432(led by Nathalie Lieven QC) a challenge to the introduction of charging for motorcycle parking in Westminster, and a dispute concerning the use of a local authority’s powers under the Highways Act 1980 / Local Government Act 1972 to prevent obstruction of the highway.
Jacqueline regularly appears before the immigration and asylum first tier and upper tribunals, and is currently instructed (with Nathalie Lieven QC and Declan O’Callaghan) in GS (Article 3- health – exceptionality) India v. SSHD [2011] UKUT 35 (AC). Advisory/drafting work also 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, as well as applications to appeal on behalf of Appellant clients.
Social security work includes 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.
She has also undertaken various assignments the Treasury Solicitors, including disclosure in a large scale damages claim arising out of transfer of individuals to, and detention in, Guantanamo Bay.
Jacqueline is a member of the Property Bar Association and UKELA.
Jacqueline graduated with a BA in Law from Clare College, Cambridge in 2005 (MA, 2009), and with a LL.M. from the University of Chicago Law School in 2006, where she was the University of Cambridge-University of Chicago Gaylord-Donnelley Scholar. She was a recipient of the Gray’s Inn Prince of Wales Scholarship during her B.V.C year, and a senior scholar of the Inn during her pupillage year (Reid Scholarship).
Jacqueline has been appointed as a clerk to COIC and is an Assistant Editor of the Planning Encyclopedia.
