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

She also has experience of advising on merits and quantum in respect of disrepair claims.

Priya accepts instructions across the scope of real property and mortgage disputes. She regularly appears for lenders in mortgage possession claims.

Her other 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
• Acting for a lender in a claim concerning whether a mortgage was regulated by the Financial Conduct Authority
• A claim for the acquisition of an interest through a common intention constructive trust and proprietary estoppel
• The prospects of obtaining an order for sale under TOLATA 1996
• 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
• A claim for rectification
• 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 landlords in forfeiture proceedings
• Advising on waiver of the right to forfeit
• Advising and appearing in the First Tier Tribunal in relation to service charge disputes
• Advising on quantum in respect of a disrepair claim
• An appeal in the context of a disrepair claim, where a defence was raised under the Equality Act 2010

Priya is interested in developing a practice within commercial landlord and tenant law and is keen to accept instructions in this area. She has recently worked on cases involving:

• 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

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
• 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 commercial litigation. Her commercial work includes:

• Misuse of private information, breach of confidence and the General Data Protection Regulation
• Appearing in a claim for damages in respect of the supply of goods
• Acting for the Claimant in a claim for unpaid invoices
• Appearing in a claim to recover payments due under a contract of hire
• Drafting a claim for conversion and breach of a Sale and Lease Agreement
• The enforcement of a Settlement Agreement and the availability of the defence of equitable set-off
• Directors’ misfeasance and in particular, attribution and the illegality defence
• The interpretation of a mediation clause under a Terms of Business Agreement
• A claim against a recruitment company for negligence in pre-engagement screening
• A claim based on a sham joint venture agreement

Priya is looking to develop 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 for lenders in cases where:

• A mortgage deed has been challenged as being defective
• There is a dispute as to whether a second charge mortgage was regulated by the Financial Conduct Authority

Property professionals

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.

Legal Professionals

Priya is interested in developing a practice involving claims against legal professionals. In particular, she has been involved in a loss of chance claim arising from solicitors’ negligence.