Brooke Lyne

Call: 2016
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Practice Summary

Brooke is a property and public law practitioner. She enjoys a busy court practice and accepts instructions to appear in all courts and tribunals across England and Wales.

Brooke appeared in the Supreme Court in January 2019 (being led) for a local authority on a homelessness case.

Landlord and Tenant

Brooke has extensive experience of all areas of landlord & tenant law including: possession, disrepair, succession, lease extensions, lease variations, service charge disputes, forfeiture, unlawful eviction and anti-social behaviour.

Brooke gained practical experience of housing litigation whilst on secondment at a large local authority.

Real Property

Brooke accepts instructions in relation to a wide range of real property matters, including disputes relating to easements, restrictive covenants, adverse possession, land registration and co-ownership.

Brooke recently advised a large property developer on the potential impact a restrictive covenant might have on proposals for a large residential development.

In December 2018 Brooke successfully argued at trial that a positive covenant ran with land under the “benefit and burden” principle. The case had widespread implications for an entire estate.

Public Law

Brooke has a wide range of experience advising and acting for local authorities in public law matters. She frequently advises on homelessness appeals and judicial review applications. Brooke appeared (being led) in the Supreme Court in January 2019 in an important homelessness case, the outcome of which will have significant ramifications for authorities across the country.

Brooke recently appeared in the High Court (being led by Justin Bates) in a widely-publicised judicial review challenge to the “Right to Rent” scheme introduced by the Immigration Acts in 2014 and 2016. Justin and Brooke successfully appeared on behalf of the Residential Landlord’s Association, which intervened in the proceedings.

Education

Brooke accepts instructions across a wide range of education law matters, including school exclusion appeals, admission appeals and judicial reviews. Brooke frequently acts as clerk/legal advisor to Independent Review Panels.

Publications

Brooke is the Assistant Editor of the Encyclopedia of Housing Law and Practice

Brooke was the Editorial Assistant of the 11th edition of Homelessness & Allocations (2018)

 

Memberships

Property Bar Association

Housing Law Practitioners Association

Qualifications

Bar Professional Training Course, City University, Outstanding

Graduate Diploma in Law, City University, Commendation

BA (Hons.) English, University of Cambridge, 2.1

Brooke was awarded a Duke of Edinburgh Scholarship and Exhibition awards for her Graduate Diploma in Law and for her Bar Professional Training Course.

Articles

“An Estoppel Case Review”, New Law Journal, 2 February 2018

“Clarity Matters: enforcing possession orders in the High Court”, New Law Journal, 1 December 2017

Co-author of “Upper Tribunal Decision on Corvan v Mahmoud”, ARMA, Autumn 2017

“Where to next?”, New Law Journal, 3 August 2018

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