Priya Gopal

Priya deals with all matters arising in the context of residential landlord and tenant disputes. She is an experienced county court advocate and is regularly instructed to appear in the county court in the context of:

• Possession claims (in relation to both social housing and private renting)
• Tenancy deposit claims
• Trespasser possession claims
• Forfeiture proceedings
• Anti-social behaviour

Priya also has experience advising on liability and quantum in disrepair claims.

Priya accepts instructions across the scope of real property and mortgage disputes.

She frequently acts in:

• Mortgage possession claims
• Claims involving questions of whether a mortgage is regulated
• Claims where a mortgage contract is challenged on the basis that it was entered into in breach of the general prohibition under the Financial Services and Markets Act 2000

Her other recent work includes:

• Acting in a boundary dispute where a landowner sought rectification of the register on the grounds of mistake
• Drafting a Defence to a trespass claim where a landowner had acquired a right of way and right to park by prescription
• A claim for the acquisition of an interest through a common intention constructive trust and proprietary estoppel
• A claim concerning the proper interpretation and scope of a party wall award
• A claim against a local authority for damage caused by flooding
• The liability of a vendor for misrepresentation in a Property Information Form
• Adverse possession claims, both in relation to unregistered land and under the Land Registration Act 2002
• Whether the position of the boundary as identified on the title plan had been varied by an informal boundary agreement

Priya accepts instructions in a wide variety of leasehold matters. Her recent work includes:

• Representing a Management Company in a claim against leaseholders for breach of covenant and nuisance
• Advising in a claim involving breach of covenant through advertising property on Air BnB
• Advising on the prospects of obtaining an injunction and damages under the Protection from Harassment Act 1997
• Representing landlords in forfeiture proceedings
• Advising on waiver of the right to forfeit
• Advising and appearing in the First Tier Tribunal and County Court in relation to service charge disputes
• An appeal in the context of a disrepair claim, where a defence was raised under the Equality Act 2010

Priya acts for both landlords and tenants in commercial property disputes. Her recent work includes:

• Representing a landlord in a claim where a tenant refused to pay service charges on the basis that works to the roof of the property were defective
• Advising a landlord on the merits of a forfeiture claim for non-payment of rent
• A contested lease renewal in respect of the Landlord and Tenant Act 1954
• Forfeiture proceedings against the tenant of a public house for breach of covenant, including substantial rent arrears
• Whether a landlord had complied with the formalities to contract out of the Landlord and Tenant Act 1954
• Representing a landlord in possession proceedings where the parties had contracted out of the Landlord and Tenant Act 1954

Priya accepts instructions in relation to applications under section 14, TOLATA 1996 as well as other co-ownership disputes, including constructive trusts of the family home and proprietary estoppel.

Her recent work includes:

• Advising on the prospects of obtaining an Order for Sale in relation to co-owned commercial property where the trustees were in a deadlock
• Representing creditors in their applications for an Order for Sale in respect of co-owned property
• Obtaining an Order for sale in respect of property which the Applicant jointly owned with her brother. Priya was also able to recover a substantial amount of the Applicant’s costs
• Advising on the prospects of obtaining an order for sale under TOLATA 1996
• Drafting a Particulars of Claim in respect of a claim to secure a beneficial interest in a family home pursuant to a common intention constructive trust and proprietary estoppel

Priya has a particular interest in the Electronic Communications Code and welcomes instructions in this area.

Her recent work includes:

• Advising a landowner on whether they can terminate a licence agreement entered into with a code operator under the new Electronic Communications Code
• Advising a landowner on whether he was bound by Code Rights and how the Transitional Provisions applied to his case

Priya is developing a broad commercial practice and welcomes instructions in this area.

As Judicial Assistant to Lord Justice Hamblen, Priya was involved in numerous high-profile commercial cases, including Global Asset Capital Inc v Aabar Block Sarl [2017] EWCA Civ 37 and PJSC Tatneft v Bogolyubov [2017] EWCA Civ 1581.

Her recent work includes:

• Assisting Nigel Jones QC and Sri Carmichael in a multi-million dollar fraud claim
• Assisting Nigel Jones QC and Laurence Page in an application for payment out of sums in court to allow for the payment of legal fees: Skatteforvaltningen (Danish Customs and Tax Administration) v Solo Capital Partners LLP (In Special Administration) [2020] EWHC 2161
• Acting as junior counsel to Nigel Jones QC and Emily Betts in a claim involving breach of warranty and misrepresentation
• Acting as junior counsel to David Lewis QC in a claim for fraudulent misrepresentation under a building contract
• Advising on liability for making misleading statements, dishonest omission and dishonesty delay under the Financial Services and Markets Act 2000
• Acting as sole counsel in an appeal involving non-payment of solicitors’ fees
• Defending a claim for unpaid letting fees on the basis that it amounted to an unfair term under the Consumer Rights Act 2015
• Drafting a claim for conversion and breach of a Sale and Lease Agreement
• Advising on the enforcement of a Settlement Agreement and the availability of the defence of equitable set-off
• Advising on whether a wedding contract had been frustrated as a result of the Covid-19 pandemic
• Representing an online retailer in a claim against a PR agency for breach of contract and unjust enrichment

Priya is developing a practice in banking and financial services work. Her interest in banking and finance stems from her experience as Judicial Assistant to Lord Justice Hamblen where she was involved in the seminal decision of Metlife v JP Morgan [2016] EWCA Civ 1248, which concerned the interpretation of a ‘CER event’ within a structured note programme.

Priya has recently acted in cases where:

• A mortgage deed has been challenged as being defective
• Lenders are seeking to rely on the second charge business loan and investment property loan exemptions under The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 2001/544

She has also defended a well-known cryptocurrency exchange platform in a claim concerning repayment of losses incurred following purchase of cryptocurrency.

Priya is developing a practice in this area and welcomes instructions in respect of all forms of company disputes.

Priya’s recent work includes:

• Advising on the circumstances in which the knowledge of directors can be attributed to a company
• Acting in a claim involving breach of directors’ duties under the Companies Act 2006
• Advising on the liability of non-executive directors for breach of directors’ duties
• Advising on the prospects of a derivative claim
• Advising on the prospects of piercing the corporate veil
• Advising on whether proceedings can be brought against a company in insolvent liquidation

Priya has an interest in Franchising and welcomes instructions in this area.

She has recently defended the franchisor of a large cleaning company in a claim brought by a franchisee who alleged that he was not liable to pay for diary management system costs and advance payments under the franchising agreement.

Priya is interested in developing a practice within professional liability and particularly in the context of property law.

As a Judicial Assistant, Priya was involved in the seminal case of Burgess v Lejonvarn [2017] EWCA Civ 254, where it was concluded that an architect who had provided gratuitous professional services was under a duty to exercise reasonable care and skill for any work she had assumed responsibility for.

Priya has also assisted with a case concerning an architect’s liability for the negligent design and construction of a barn.

Priya accepts instructions in professional liability matters involving legal professionals. Her recent work includes:

• A loss of chance claim arising from a failure to register an interest as a restriction on the property register
• Advising a solicitor on whether he was negligent in preparing a defence when representing a landlord in an unlawful eviction claim

Priya has experience with professional claims against a variety of professionals, including solicitors and accountants.

She has recently acted for an accountant in a negligence claim brought by a former client for failure to advise in relation to capital gains tax and bankruptcy.

Priya regularly deals with costs matters arising out of property and commercial litigation, including advising on Part 36 offers and attending costs budgeting hearings.

Her other recent work includes:

• Assisting Robin Dunne in the matter of PME v Scout Association [2019] 7 WLUK 574 which concerned whether authorised court officers had jurisdiction to conduct provisional assessments and whether there could be an appeal from a provisional assessment
• Advising on appealing a summary assessment of costs in a housing dispute