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Kimberley Ziya

Call: 2018
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Practice Summary

Kim joined Chambers in 2019 following completion of pupillage during which she was supervised by Robert Walton QC, Thomas Jefferies, Galina Ward and Simon Allison. She accepts instructions in all areas of chambers work.

Prior to starting pupillage, Kim was a Research Assistant in the Law Commission’s Property, Family and Trusts team, where she worked on projects relating to Charities Law, Easements, Covenants and Profits, and Leasehold Enfranchisement. She also researched and assisted in pitching for government support for a number of possible future projects including reform of agricultural tenancies and commercial leasehold law. Before that Kim spent nine months at a boutique litigation firm in Los Angeles where she assisted with all aspects of cases covering civil fraud, employment, tort, probate and public law.

Property

Kim was the designated Property pupil, having developed a particular interest in property law during her time at the Law Commission. Kim has already started taking on her own property cases, including:

  • Acting for tenants (led by Thomas Jefferies) in a four day High Court trial regarding tenants’ rights of first refusal: York House (Chelsea) Limited v Thompson [2019] EWHC 2203.
  • Acting for the landlord (led by Justin Bates) in an appeal regarding on account service charges in the Court of Appeal: Avon Ground Rents Ltd v Cowley [2019] EWCA Civ 1827.
  • Appearing for landlords and tenants in the County Court and First Tier Tribunal on a range of matters such as residential possession, service charge disputes, rent reviews and lease extension claims.
  • Providing advice and drafting on matters such as noise nuisance, mortgages, easements, service charges and 1954 Act claims.

Kim is instructed (as a junior to Justin Bates) in appeals to the Upper Tribunal on a case regarding s20B of the Landlord and Tenant Act 1985;to the Court of Appeal on the first case under Part I of the Housing (Wales) Act 2014; and to the High Court in a case concerning the rights of access of local authority landlords to carry out fire safety works in flats where the tenant has exercised its right to buy. Kim is also instructed (led by Simon Allison) on an application for a leapfrog appeal from the Upper Tribunal to the Supreme Court in a case concerning the Right to Manage under Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002.

As a pupil Kim gained experience of a wide range of property law issues including:

  • Advising on rights of way, adverse possession, the conversion of mixed-use premises to residential (including associated issues concerning enfranchisement, 1954 Act protection, enforcement of user covenants, dilapidations and rent review), transfer terms following a collective enfranchisement claim, noise nuisance, tenants rights of first refusal, rights to manage and design defects in new build premises.
  • Assisting with hearings, trials and appeals such as the recent Supreme Court hearing in The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd concerning the availability of relief from forfeiture of a licence; a costs and permission to appeal hearing in a case regarding the meaning of a “self-contained building”; and an FTT hearing concerning the valuation of intermediate leasehold interests to be acquired as part of a collective enfranchisement claim.
  • Drafting pleadings and pre-action letters in a variety of disputes including rent review, rights of way and breaches of covenants for title.

Planning

Kim hopes to develop a varied practice covering all aspects of planning, infrastructure and procurement law. Kim was instructed (as a junior to Sasha White QC) in a successful appeal following a 6-day public inquiry and (as a junior to David Forsdick QC) in two judicial review challenges mounted by a local resident against planning permissions granted by his local authority.  She has also  been instructed in her own right to draft an objection letter to proposed development affecting the setting of a heritage asset and to advise a Parish Council on the lawfulness of draft Neighbourhood Plan policies setting sustainability standard for new developments.

While a pupil Kim gained experience of and assisted with a wide range of planning matters, including:

  • Written advice on planning issues, such as potential enforcement action against a houseboat, construing an ambiguous planning condition, the impact of an existing s106 agreement on a fresh planning application, inappropriate development in the green belt, certificates of lawful use and proposed development, permitted development rights, compulsory purchase issues arising from new Garden Communities developments, reviews of Local Plans and five year housing land supply.
  • Court hearings on planning matters, such as a Case Management Conference in a compensation claim being brought against TFL as a result of damage caused by the construction of Crossrail, a plea hearing in the Magistrates Court for breach of planning control, and various judicial review hearings including the Friends of the Earth and Talk Fracking challenge to the NPPF.
  • Planning and CPO inquiries and hearings, such as the West Hendon CPO3 public inquiry, an inquiry for a 1000+ dwelling housing development in North London and the Hart Local Plan examination in public.

Environment

While a pupil Kim gained experience of environmental law issues including:

  • Sitting with David Elvin QC and assisting with research for an advice in relation to the burning of peat bogs.
  • Assisting with research for the Friends of the Earth challenge to the failure to conduct a strategic environmental assessment of the NPPF.
  • Drafting an advice on the need for further environmental impact assessments following an application to vary an existing planning permission.

Public

Kim hopes to develop a varied public law practice. Kim has appeared (led by Tim Buley QC) in the Upper Tribunal (Administrative Appeals Chamber) in an appeal concerning EU Social Security Regulations. While a pupil Kim has gained experience of a wide range of public law cases including:

  • Assisting with the preparation of hearings such as judicial review proceedings in R (otao BPAS) v SSHSC [2019] EWHC 1397 (Admin) concerning abortion time limits; appeals against decisions of the Disclosure and Barring Service; and a hearing before the CJEU concerning the right to reside of self-employed women who take time off during the late stages of pregnancy (HD v HMRC, Case C-544/18).
  • Drafting pleadings and skeleton arguments including in unlawful detention claims.
  • Advising on issues such as an applicant’s right to be granted asylum on the basis that he would be subjected to treatment amounting to a violation of his Article 3 rights due to his sexuality and definitions of modern slavery and human trafficking under domestic and international law.

Rating

While a pupil Kim gained experience of rating issues, including by assisting Luke Wilcox with the preparation for and attending the Valuation Tribunal hearing regarding rates to be paid by the Royal Opera House.

Qualifications

  • University of Oxford (Lady Margaret Hall) – BA Law with French Law
  • University of Law, London – BPTC

Awards

  • Provost’s Award for Excellence, University of Law – 2017
  • Hardwicke Award, Lincoln’s Inn – 2017
  • Howarth & Smith Fellowship – 2015

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