Chambers continued success with rankings in Chambers and Partners 2021

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Chambers are thrilled to achieve success for another year having been recognised by Chambers and Partners 2021. Over three areas of law, Employment, Family and Planning, six members have also been individually ranked together with recognition for the clerking team.

“The clerks are friendly, very helpful and will liaise directly with the court and other clerks regarding hearings if there is a clash. They are easy to deal with.” “Grainne McGovern, senior family clerk, is an excellent clerk providing information regarding fees and availability of counsel in a quick and efficient manner.”

Employment

Nigel Moore (Band 3)

“He is technically excellent, very experienced and a high-quality advocate.”

Family/Matrimonial

Christopher Naish (Band 1)

“He is articulate and gently persuasive, grabbing the ear of the judges, and his witness handling is second to none.” “He quickly and easily establishes an excellent working relationship with clients.”

Rupert Chapman (Band 2)

“He is very easy to deal with, extremely thorough and always has a good rapport with clients.”

Carol Mashembo (Band 2)

“She is a firm favourite to instruct in financial remedy proceedings given her great client care, bedside manner, her thoughtful preparation and her availability to deal with queries in a timely manner.” “She always adopts a meticulously thorough approach in dealing with matters, which puts everyone involved at ease.”

Elizabeth Willsteed (Band 3)

“She brought balance and insight into the case and was perceptive and unflappable.” “She’s a class act. She knows family law inside out and she is excellent in her knowledge.”

Planning

Gavin Collett (Band 2)

“Gavin is great for regulatory and prosecution matters.” “He is very personable and knowledgeable.”

Many congratulations to all involved.

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Magdalen Chambers ranked as Leading Set by the Legal 500 2021

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Magdalen Chambers is delighted once again to be  recognised by the Legal 500 as a leading set on the Western Circuit in the Legal 500 UK Bar Guide 2021, with eight members of chambers individually ranked in their areas of expertise. Chambers is a recommended set on the Western Circuit in three categories – , Family and Children Law, Planning and Environment law and Property and Construction Disputes.

We are particularly proud that our family team has been promoted to Tier 2 in this year’s guide, reflecting as it does the continued growth and development of the team’s reputation and coverage.The authors of the guide wrote that:

“Magdalen Chambers has ‘an extremely strong family team‘ and offers ‘a wide range of barristers who without fail are top quality, therefore, they are usually my first phone call as they are helpful and friendly‘. Areas of expertise include private and public law children law, adoption, and financial remedy on divorce. At the senior end, Susan Campbell QC is an experienced silk, ‘popular with clients and has a gentle but persuasive manner; intellectually sharp‘. With a broad practice covering most areas, Christopher Naish is ‘calm, and approachable but has a rapier-sharp advocacy style which he can adapt to suit cases‘. Carol Mashembo is praised for having ‘attention to detail that is second to none‘ and for delivering ‘detailed and precise presentation in court‘, whether it be in relation to children matters or financial. Elizabeth Willsteed is a go-to for children law matters; for family financial dispute resolution matters and TOLATA cases, Rupert Chapman is ‘always meticulous in his preparation‘.”

Five members of the family team have been ranked as leading individuals:

  • Susan Campbell QC is ranked as a leading silk in Child Law (Public and Private): ‘She has an innate ability to put clients at ease in the most upsetting and trying situations. She goes the extra mile to ensure that clients feel that they have had their say but also that they understand the process.’;
  • Christopher Naish is ranked in Tier 1 for both Child Law and Financial Remedies: ‘In terms of numerous strengths, Mr Naish is technically excellent, has a quick mind and a very personable manner with clients. Such is his ability, I have complete confidence in whatever area of Family Law I instruct him in.’;
  • Joint head of chambers Rupert Chapman is ranked at Tier 2 for Financial Remedies: ’Rupert has a sharp analytical mind that suits him particularly well to complex and technical cases; in particular cases involving trusts and business assets. He is friendly and approachable and easy to work with as an instructing solicitor. Clients like him.’;
  • Carol Mashembo is rated as Tier 2 for both Child Law and Financial Remedies: ‘Good affinity with clients, gives clear and firm advice. Clients find her pleasant to work with. Excellent preparation and analysis of facts, issues and law. Detailed and precise presentation in court. Always prepared to go the extra yards to get the case right.’; and
  • Elizabeth Willsteed, ranked Tier 4 for Child Law: ‘a highly skilled and effective advocate in the courtroom producing concise written legal documents and excelling in submissions and cross examination. She is highly regarded amongst clients and solicitors alike.’

“Magdalen Chambers’ commercial, property, and Chancery team handles national cases as well as those on the Western Circuit. Russell James specialises in housing and homelessness work, acting often for clients with disabilities, as well as taking on landlord and tenant, as well as boundaries and easements work. Natasha Bellinger has particular expertise in social housing, specialising in possession claims, injunctions, and committals. She uses her practice in personal injury and environmental law to take on cross-discipline matters, such as occupier’s liability. Also of note, the set recently introduced a direct access platform.”

Three members of our civil team are individually recognised:

  • Natasha Bellinger is ranked at Tier 2 for Property and Construction: ‘Always very thoughtful and responsive. Pragmatic, thorough, and great with clients. Friendly and approachable and always willing to look into matters early on. Great on her feet.’
  • Gavin Collett is described as ‘highly experienced in planning, highways, and rights of way matters’; and
  • Russell James is rated as Tier 2 for Property and Construction: ‘Russell is our first choice for complex housing work.’;

Joint head of Chambers Rupert Chapman said ”While it is always encouraging to read positive reviews in the legal directories, this year’s edition of the Legal 500 reflects Magdalen Chambers’ continuing growth as one of the prominent sets in the South West for all forms of civil and family work. It is a testament to the hard work and adaptability of our barristers and clerks that chambers not only receives such positive feedback from our clients but that they show how we continue to go from strength to strength in even the most challenging of legal markets.”

Magdalen Chambers

Magdalen Chambers Welcomes Jonathan Ward

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Magdalen Chambers are pleased to announce that Jonathan Ward has joined chambers.

Jonathan, who was formerly a solicitor in a local firm, is a welcome addition to the Magdalen Chambers Civil Team practising predominantly in property, commercial and construction litigation. We are delighted that he has decided to join us and add to our specialist commercial and property and chancery teams.

 

Jonathan says:

“I am delighted to be joining Magdalen Chambers.  Having worked with them for some time as a solicitor, they are a natural choice following my transfer to the bar.  It is testament to the quality of their legal services that even during these challenging times, Chambers is in a position to expand and invite me to join.”

Gas Safety and Section 21 Notices – “With you everything’s gas”*

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The Court of Appeal has (on 18 June 2020) handed down judgment in the appeal of Trecarrel House v Rouncefield [2020] EWCA Civ 760 ruling on the consequences for the validity of a section 21 notice in landlord and tenant proceedings of late compliance with the Gas Safety (Installation and Use) Regulations 1998. The effect of this decision is to overrule both the County Court decision in this case and in Carridon Property Limited v Shooltz(2018), which had held that failure to serve a gas safety record before a new tenant of an assured shorthold tenancy went into occupation was an irremediable breach meaning that no valid notice pursuant to section 21 of the Housing Act 1988 (‘section 21 notice’) could be served.

Before turning to the decision of the Court of Appeal it is helpful to remind oneself of the legislative provisions relating to gas safety records and section 21 notices that the court was required to interpret. The important points are these:

(1) By amendments made by the Deregulation Act 2015 a new section 21A of the Housing Act 1988 was inserted. This provided that a section 21 notice may not be given at a time when the landlord is in breach of a prescribed requirement.

(2) Regulation 2 of the Assured Shorthand Tenancy Notices and Prescribed Requirements (England) Regulations 2015 made paragraphs 36(6) and 36(7) of the Gas Safety (Installation and Use) Regulations 1998 prescribed requirements for the purpose of section 21A of the Housing Act 1988.

(3) Regulation 36(6) of the Gas Safety (Installation and Use) Regulations 1998 requires a copy of the gas safety record made pursuant to regulation 36(3)(c) to be given to a tenant within 28 days of the check and for a copy of the last record to be given to any new tenant “before the tenant occupies those premises”.

(4) Regulation 36(7) of the Gas Safety (Installation and Use) Regulations 1998 provides that where there is no relevant gas appliance in any room of the tenant, but there is in the building, a copy of the record can be displayed in a prominent position in the premises instead of giving it to the tenant.

The issues that the Court of Appeal had to consider in Trecarrel House Ltd v Rouncefield [2020] EWCA Civ 760 were three:

(1) It was common ground that a copy of the gas safety record had not been given to the tenant prior to her taking up occupation of the property, although there was one and this had been provided prior to the service of the section 21 notice. The question for the court was therefore whether this breach of regulation 36(6)(b) could be remedied by late compliance.

(2) A subsequent gas safety check had been carried out longer than 12 months after the previous one and since regulation 36(3)(a) required a check to be carried out “at intervals of not more than 12 months since it was last checked”, the question for the court was whether this was fatal.

(3) It was contended by the tenant that she had not been given the most recent gas safety record prior to service of the section 21 notice.

By a majority of 2:1 the Court of Appeal decided these issues as follows:

(1) The obligation in regulation 36(6) of the Gas Safety (Installation and Use) Regulations 1998 to provide a gas safety record to a new tenant before that tenant goes into occupation can be complied with late. As long as it is served before or at the same time as the section 21 notice, the section 21 notice will be valid.

(2) Failure to carry out a subsequent gas safety check and provide the record within 12 months is not fatal either. Patten LJ said: “I am not persuaded that a failure to carry out the next safety check within 12 months of the last one means that a landlord cannot comply with paragraph 6(a) as a prescribed requirement if he serves the tenant with a copy of the record once the check has been carried out.”

(3) On the factual issue of whether or not the tenant had been given a copy of the most recent gas safety record, raised in a Respondents Notice, the case needed to be remitted to the County Court for a determination of this point to be made.

In conclusion, the overriding message of this decision is that late compliance will be good for the purpose of a section 21 notice provided there is compliance at the time of or prior to the service of the section 21 notice.

 

*(Timon to Pumbaa in the Lion King).

Family pupil Liberty Crawford is on her feet.

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We are delighted to announce that Liberty has successfully completed her specialist family first six pupillage. She has now entered into her second six months and is able to accept instructions.

Liberty has been fully trained to use the main cloud-based video platforms (Sykpe for Business, Zoom and Microsoft Teams), in order to conduct remote hearings from home together with telephone conferencing. Papers can be accepted electronically and our clerking team will be happy to help you with any advice.

During Lockdown Liberty provided Covid19 Guidance for Local Authorities which was published by Class Legal. See the link below.

Class Legal Covid19 Guidance

Private FDR – Frequently Asked Questions – Covid 19 and beyond

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Given the understandable delays in the Court system brought on by the Covid-19 crisis we have seen an unprecedented number of enquiries about our Private FDR service.  Even more so following the encouragement of the judiciary both locally Financial Remedy Work During Lockdown  and nationally Presidents Guidance Covid 19 for parties to consider Private FDRs as a means to resolve their cases.

To assist those who are considering a Private FDR we list below some of the questions our clerks are being asked most frequently:

  1. How much does it cost?

At Magdalen Chambers we pride ourselves in making the legal process accessible.  We offer a range of options tailored to the level of complexity of each case.

In most cases an experienced Private FDR Judge can be provided for between £1,000 and £2,000 for the day.  This cost is shared between the parties unless otherwise agreed

  1. How quickly can the Private FDR take place?

Subject to availability a hearing can normally be arranged within two weeks – complex cases will, as a rule, require longer to prepare.  However where there is an urgent need for matters to be resolved quickly every attempt will be made to assist the parties to do so.

  1. Can the hearing be conducted remotely?

All our Private FDR Judges and Barristers are able to work remotely.  We find that the most effective way to conduct an FDR is by one of the available video platforms.  The parties will generally just require access to a computer and broadband.  Our clerks will speak to both parties to identify the best platform to work on.

  1. What if one party is unable to use video-conferencing technology?

We have video-conferencing facilities in Chambers available upon request to parties taking part in a Private FDR organised by Magdalen Chambers.  Use of the facilities will be subject to strict safety criteria which will be discussed with the party upon request.

  1. How long will the Private FDR last?

Like the ideal court based FDR a Private FDR will normally be scheduled to start early in the day.  Unlike a court based FDR the Private FDR Judge will then be available exclusively to the parties for the whole day.  To maximise the chances of settlement the parties should also make themselves available all day.  On occasions where a second day of input would be of benefit this can be arranged.

  1. What if one of the parties has to work Monday to Friday?

We understand that during the national Covid-19 crisis those who are currently able to work may find it difficult to take time off.  Therefore whilst the current situation persists our Judges and Barristers are available to work outside of the traditional Monday to Friday working week where necessary.

  1. Is every case suitable for a Private FDR?

The aim of an FDR is to find a way to settle proceedings by consent.  In the current economic climate the future may simply be too uncertain for the parties to reach an agreement.  This can be discussed with the Private FDR Judge before a booking is made.  Alternatively parties may wish to have the input of a Private FDR Judge to settle some of the issues in a case whilst leaving other issues to be resolved after the crisis has abated.