EXPERTISE

Alice is a sought-after specialist in public law and property law. She is the Deputy Head of the Civil Team at Trinity Chambers and a member of the Attorney General's ‘B’ Panel of Counsel (2021-2029).

Between 2021 and 2024, Alice worked in-house in the dispute resolution department of a Top 100 UK law firm. Prior to her hiatus from the self-employed Bar she was ranked by Legal 500 as a "Rising Star" in Property & Construction, Social Housing and Administrative & Public Law.

Public Law & Judicial Review

Alice is regularly instructed in a broad range of public law work. She has appeared both solo and led in the High Court, Upper Tribunals and Court of Appeal. She has significant experience in cases concerning alleged breaches of the Human Rights Act 1998 and the Equality Act 2010. 

Alice’s reported cases include:

MOC (by his litigation friend MG) v Secretary of State for Work and Pensions [2022] EWCA Civ 1, [2022] P.T.S.R. 576, (2022) 25 C.C.L. Rep. 63 - sole counsel in the Upper Tribunal and led in the Court of Appeal acting for the Secretary of State in a challenge to the “hospitalisation rule” in the Social Security (Disability Living Allowance) Regulations 1991. Of note the Court of Appeal considered whether lack of capacity constituted an “other status” under Article 14 ECHR.

R (Fisher) v Durham County Council [2020] EWHC 1277 (Admin), [2020] All ER (D) 139, [2020] Env L.R. 28, [2020] H.L.R. 41, [2020] L.L.R. 565, [2020] A.C.D. 85 – led in a judicial review of a noise abatement notice served on a person with an involuntary vocalisation disorder, primarily under the Equality Act 2010.

R (Sambotin) v London Borough of Brent [2018] EWCA Civ 1826, [2019] P.T.S.R. 371, [2019] H.L.R. 5 – on the extent of a local authority’s power to revisit a homelessness decision under Part VII of the Housing Act 1996. Alice was sole counsel in the Judicial Review and led in the appeal.

Alice’s recent work includes a challenge to a local authority’s ‘direct payment’ scheme under the Care Act 2014, acting for a local authority in a challenge to the grant of a lease over public open space, acting for parish councillors in a challenge to a censure, advising in regards to school closures, acting in a challenge to a SEND decision and acting on behalf of a community forest in a planning challenge.

She also regularly appears in s.204 homelessness appeals and advises on housing standards, environmental protection, building safety, and licensing and enforcement under the Housing Act 2004. She recently successfully argued a submission of no case to answer in a noise abatement prosecution in the Magistrates’ Court.

Property

Alice acts in the full range of landlord and tenant disputes, both commercial and residential including forfeiture & relief, possession and service charge disputes. She also accepts instructions in TOLATA claims and real property disputes.

Alice has appeared in a number of leading cases. She successfully represented a landlord in the Court of Appeal in Pease v Carter [2020] EWCA Civ 175, [2020] 1 W.L.R. 1459, [2020] 4 All E.R. 519, [2020] 2 WLUK 174, [2020] H.L.R. 21,  [2020] 2 P. & C.R. 11, [2020] L. & T.R. 18 [2020] 2 P. & C.R. DG2, Times, April 28, 2020 on the applicability of the “reasonable recipient” test and “substantially to the same effect” provisions to possession notices served under s.8 Housing Act 1988.

Alice was junior counsel in Houldsworth Village Management Co Ltd v Barton [2020] EWCA Civ 980, [2020] 4 W.L.R. 107,  [2020] 7 WLUK 418,  [2020] B.C.C. 953, [2020] H.L.R. 46, [2020] L. & T.R. 25  concerning the rights of members of lessee-owned management companies to request company information under section 116 of the Companies Act 2006.

She was also junior counsel instructed by an intervener in the Supreme Court in McDonald v McDonald [2016] UKSC 28, [2017] A.C. 273, [2016] 3 W.L.R. 45, [2017] 1 All E.R. 961, [2016] 6 WLUK 351, [2016] H.R.L.R. 18 [2017] B.P.I.R. 728, [2016] H.L.R. 28, [2017] L. & T.R. 9, [2016] 2 P. & C.R. DG22, Times, June 29, 2016 concerning the applicability of Article 8 of the European Convention on Human Rights to possession proceedings brought by a private landlord.

Housing

Alice has over ten year’s experience working with the social housing sector. She was described in the Legal 500 as “the go-to Barrister in Newcastle for this kind of work”. Her practice covers all aspects of landlord and tenant and social housing litigation, including:

  • Possession
  • Homelessness & allocations
  • Anti-social behaviour
  • Unlawful eviction
  • Disrepair & housing conditions
  • Tenancy fraud
  • Succession & assignment
  • Equality Act & Human Rights

APPOINTMENTS

  • Attorney General's Regional B Panel of Counsel (2021 - 2029)
  • Attorney General's Regional C Panel of Counsel (2018 - 2021)
  • Equality & Human Rights Commission Panel of Counsel for England & Wales (2019 - 2023)

PUBLICATIONS

  • The ‘reasonable recipient’ test and possession notices (Pease v Carter), Lexis PSL, 20th February 2020 (available here).
  • The right to rent and local authorities’ duties (R v Milton Keynes Council), Lexis PSL,19th January 2018 (available here).
  • Proportionality and Private Landlords, Solicitor’s Journal 2016, 160(36) Supp (Bar Focus), 24-27.
  • Ali v United Kingdom: Homelessness Appeals and the Right to a Fair Trial, Journal of Housing Law 2016, Vol.19(2), 38-42.

MEMBERSHIPS

  • Property Bar Association
  • Social Housing Law Association
  • Constitutional & Administrative Law Bar Association

EDUCATION & AWARDS

  • Sir Joseph Priestly Scholarship 2013- The Honourable Society of the Inner Temple
  • Duke of Edinburgh Scholarship 2012 - The Honourable Society of the Inner Temple
  • BPTC - College of Law, London Bloomsbury
  • LLB 2.1 (Hons) - The University of Newcastle-upon-Tyne

ADDITIONAL INFORMATION

Alice is qualified to accept instructions directly from members of the public through the Direct Access scheme.

Clerking team

Steve Walker

Lead Business, Property & Employment Clerk

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0191 245 9589

Business & Property Clerk

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0191 245 9556

Lead Housing, Personal Injury & Public Law Clerk

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0113 3235 955

Junior Civil Clerk

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0191 245 9543

Junior Civil Clerk

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0191 3009 359

Criminal & Family Clerk

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01642 247 569

Direct Access Clerk

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01642 247 569
  • "Alice is a confident and highly-organised barrister. She is open and transparent at all times when dealing with her client."

    Legal 500 2022

  • "A rising star of the Bar"

    Social Housing - Rising Star, Legal 500 2022

  • "An exceptionally well-rounded performer; real depth of knowledge in residential property law"

    Rising Star - Property & Construction, Legal 500 2021

  • "Very creative and excellent at spotting a new point, Alice is very thorough in her work and has strong advocacy skills"

    Rising Star -Administrative & Public Law, Legal 500 2021

  • "Extremely knowledgeable about Administrative and equality law", "relaxed and calm and with a very good paper presentation of a case" and also "knowledgeable about funding possibilities which can appear as an adjunct to many other areas"

    Rising Star - Administrative & Public Law, Legal 500 2021

  • "The go-to barrister in Newcastle for this kind of work"

    Rising Star - Social Housing, Legal 500 2021

Lack of capacity was not an ‘other status’ under Article 14 and Regulations 8, 10, 12A and 12B of the Social Security (Disability Living Allowance) Regulations 1991 (the ‘hospitalisation rule’) had an objective and reasonable justification.

The Court of Appeal considered the correct approach to requests made to lessee-owned property management companies under s.116 Companies Act 2006. It was not improper to obtain contact information for other members to propose resolutions to replace the existing directors and managing agent. Whilst rights as a leaseholder and as a shareholder are distinct, it was impossible to draw a sharp dividing line between the covenants under the lease and the affairs of the company.

Successfully represented the Secretary of State for Work and Pensions defending a challenge to the lawfulness of the 28 day ‘hospitalisation rule’ in the Social Security (Disability Living Allowance) Regulations 1991. The Upper Tribunal held that a lack of capacity was not an ‘other status’ for the purposes of Art.14 and the rule did not unlawfully discriminate against disabled adults in hospital. 

Judicial review of a decision to serve a noise abatement notice on a person with an involuntary vocalisation disorder primarily on the basis of disability discrimination under the Equality Act. The High Court agreed that the matter could proceed by way of judicial review notwithstanding the existence of a right to a statutory appeal as it was ‘uncertain’ whether the Magistrates’ Court had jurisdiction to consider the EA points.

Successfully represented a private landlord in a second appeal, to the Court of Appeal, on the applicability of the “reasonable recipient” test and “substantially to the same effect” provisions to possession notices served under s.8 Housing Act 1988.

It was an entirely proper and legitimate purpose for a member of a lessee-owned property management company to seek to inspect the register of members in order to pursue the objective of effecting a change of managing agents.

Successfully represented a tenant, pro-bono, in an appeal against the decision of the First Tier Tribunal (Property Chamber) to grant a Rent Repayment Order of £1. The judge held that there had been a breach of natural justice, the appeal was allowed on all grounds and the matter remitted to the FTT for a re-hearing.

Successfully represented a lessee-owned property management company in an application to the High Court seeking a direction that it need not comply with a shareholder’s request to inspect the register of members. The request was not made for a “proper purpose” because Mr Barton sought to pursue his rights as a leaseholder, not as a member of the company.

Represented the Secretary of State in this appeal concerning the test for “genuine and effective work" in relation to an EU citizen’s right to reside in the UK. The judge praised Alice’s “measured and thoughtful questioning and submissions

Successful appeal against conviction for failure to license an HMO under s.72(1) Housing Act 2004 on the basis of abuse of process. The authority had taken the decision to prosecute despite failing to deal with the landlord’s application for a license pursuant to the Act.

Successfully defeated the local authority’s appeal to the Court of Appeal. The authority were not entitled to ‘revise’ their positive decision on Mr Sambotin’s homelessness application notwithstanding the fact that a local connection referral was outstanding.

Successfully represented the local authority in the largest ever gang-injunction application against 18 members of rival gangs engaging in serious anti-social behaviour. The case received national media attention.

Successfully represented the claimant in a judicial review of a local authority’s decision to revoke a decision made under Part 7, Housing Act 1996.

Successfully opposed an appeal to the Court of Appeal on the lawfulness of a suspended sentence for breach of a gang injunction.

Successfully acted for the RLA, an intervener, in the Supreme Court on the applicability of an Article 8 defence in possession proceedings brought by a private landlord.

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