Priya Gopal

Areas of expertise

• Property
  • Housing (social & privately rented)

    Housing (social & privately rented)

    Priya is a specialist in all matters arising in the context of residential landlord and tenant disputes, including possession claims, disrepair claims and forfeiture proceedings. She is also regularly instructed in proceedings in respect of serious anti-social behaviour.

    Her regular client base includes private landlords, housing associations, local authorities, banks and bridging loan providers.

    Recent work

    • Successfully resisted an appeal in a possession claim concerning members of the traveller community: Smith & Ors v Baker [2022] EWHC 2592 (KB)
    • Representing a landlord in a disrepair claim where the damages claimed by the tenant were in the region of £50,000. Priya succeeded in having the majority of the claim struck out, with the result that the landlord was not liable to pay any damages for disrepair.
    • Acting for a housing association where the tenant was responsible for serious anti-social behaviour. Priya was able to secure a wide-reaching injunction which is of substantial value to her client.
    • Drafting proceedings for committal for breach of an anti-social behaviour injunction.
    • Representing the landlord in a 2-day trial involving unpaid repair works, breach of quiet enjoyment and complex arguments surrounding negligent misrepresentation.
    • Representing a landlord in a possession claim which also involved allegations of disrepair, the validity of the section 8 notice and protection of the tenancy deposit.
    • Advising a landlord on whether he could obtain an injunction requiring a tenant to vacate the property in order to carry out repair works.
  • Real property & mortgages

    Real property & mortgages

    Priya has extensive experience of real property and mortgage disputes.

    In particular, she frequently acts in complex mortgage claims, involving difficult questions on whether a mortgage is regulated and whether the mortgage contract was entered into in breach of the general prohibition under the Financial Services and Markets Act 2000.

    She is also experienced in disputes involving easements and restrictive covenants, the subject matter of her publication ‘A Practical Guide to Easements, Restrictive Covenants and Rights of Way’ (2023, Law Brief Publishing).

    Recent work

    • Succeeding at trial in an adverse possession claim, where the possession relied upon was prior to the Land Registration Act 2002: Osborne v Murphy [2023] UKFTT 00556 (PC)
    • Successfully resisting an application for rectification of the title register on the grounds of mistake following trial.
    • Obtaining an order for sale on behalf of trustees in bankruptcy in possession proceedings which involved complex arguments under section 283A, Insolvency Act 1986.
    • Drafting a Defence to a trespass claim where a landowner had acquired a right of way and right to park by prescription.
    • Acting in a 3-day trial in a claim for a common intention constructive trust
    • The liability of a vendor for misrepresentation in a Property Information Form.
    • Whether the position of the boundary as identified on the title plan had been varied by an informal boundary agreement.
    • Advising on whether a Contract for Sale could be rescinded based on misrepresentation.
  • Leasehold & leasehold management

    Leasehold & leasehold management

    Priya is regularly instructed in a wide variety of leasehold matters, including service charge disputes and forfeiture.

    Recent work

    • Representing a Management Company in a claim against leaseholders for breach of covenant and nuisance.
    • Representing a group of residents in a claim involving breach of a restrictive covenant through advertising property on Air BnB.
    • Advising on the prospects of obtaining an injunction and damages under the Protection from Harassment Act 1997.
    • Successfully resisting an application for summary judgment in respect of a claim for breach of covenant.
    • Representing the landlord in an appeal in the context of a disrepair claim, where a defence was raised under the Equality Act 2010.
    • Advising on the recovery of legal costs under a Lease.
    • Advising on whether a landlord could obtain an injunction for breach of the structural alterations clause in a Lease.
  • Commercial landlord & tenant

    Commercial landlord & tenant

    Priya acts for both landlords and tenants across the full spectrum of commercial property disputes, including forfeiture, lease renewals and service charges.

    Recent work

    • Acting as junior counsel to Jamal Demachkie in Man Limited v Back Inn Time Diner Limited [2023] EWHC 363 (Ch) which concerned (inter alia) the proper application of the intention to redevelop ground under section 30(1)(f), Landlord and Tenant Act 1954.
    • 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.
    • Representing the landlord in a lease renewal under the Landlord and Tenant Act 1954 where the parties’ experts differed substantially on the valuation of rent. The matter settled in the landlord’s favour shortly before trial.
    • 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.
  • Trusts of land

    Trusts of land

    Priya is experienced in disputes arising under section 14, TOLATA 1996 as well as other co-ownership disputes, including constructive trusts of the family home and proprietary estoppel.

    Recent work

    • Acting on behalf of the trustees of a pension plan scheme. Priya succeeded in securing an order for sale in relation to the investment property.
    • 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.
  • Electronic Communications Code

    Electronic Communications Code

    Priya has experience of the Electronic Communications Code and advises on all aspects of the Code.

    Recent work

    • Acting for a landowner in a dispute as to whether they could terminate a Code Agreement pursuant to paragraph 31(4)(c) of the New Code.
    • Advising a landowner on the transitional provisions under Schedule 2 of the Digital Economy Act 2017.
    • Advising on the procedure for renewal of a code agreement and whether renewal was under the Landlord and Tenant Act 1954 or Electronic Communications Code.
    • Advised a landowner on the options for termination of a licence agreement under the Electronic Communications Code (advice produced jointly with Andy Creer of Landmark Chambers).
    • Advising on consideration and valuation under the Electronic Communications Code.
• Commercial dispute resolution
  • Commercial litigation

    Commercial litigation

    Priya specialises in all aspects of commercial litigation, including disputes where her specialisms overlap.

    Recent work

    • Acting as junior counsel to Nigel Jones KC and Emily Betts in a claim involving, breach of warranty, fraudulent misrepresentation and negligence.
    • Assisting Nigel Jones KC and Sri Carmichael in a multi-million-pound investment fraud claim which also raised questions of breach of confidence.
    • Assisting Nigel Jones KC 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 David Lewis KC in a claim for fraudulent misrepresentation under a building contract.
    • Assisting David Lewis KC in 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.
    • 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.

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    Further, 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.

  • Banking & finance

    Banking & finance

    Priya specialises in banking and financial services work. She is regularly instructed by banks and bridging loan providers based on her expertise in this area.

    Recent work

    • Acting for a lender where the mortgage deed has been challenged as being defective.
    • Successfully defended her client bank in an application for rectification of the title register.
    • Representing a lender who sought 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.
    • Advising on a claim against receivers where there was an allegation of sale at an undervalue.
    • Successfully defending a well-known cryptocurrency exchange platform in a claim concerning repayment of losses incurred following purchase of cryptocurrency. Priya was able to have the case against her client struck out in its entirety.
    • Advising on whether a default interest provision in a loan agreement was a penalty clause.
    • Successfully represented the lenders in a claim alleging an unfair relationship under section 140A, Consumer Credit Act 1974.
  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    Priya’s LLM involved a particular focus on corporate law and she has extensive experience in advising on disputes within the corporate context, including breach of directors’ duties under the Companies Act 2006.

    Priya also has experience acting in matters where her property and corporate law specialisms overlap.

    Recent work

    • Representing a property owner in a trial involving a dispute with a management company. The case raised complex questions of breach of directors’ duties and company management. Priya played an instrumental role in obtaining a favourable settlement for her client on the day of the trial.
    • Assisting Sarah McCann in advising on the circumstances in which the knowledge of directors can be attributed to a company.
    • Advising on the liability of non-executive directors for breach of directors’ duties.
    • Advising a property owner in relation to a derivative claim against a management company.
    • Drafting a defence against an allegation that the corporate veil should be pierced.
    • Advising on whether proceedings can be brought against a company in insolvent liquidation.
• Professional liability
  • Property & construction professionals

    Property & construction professionals

    Priya is regularly instructed to advise on the liability of property and constructional professionals. She is particularly well-placed to advise in these areas given her extensive experience with property disputes.

    Recent work

    • Advising a property owner on whether her surveyor was liable in negligence for various deficiencies and omissions in a Home Survey Report, including a failure to sufficiently identify the risk of property damage.
    • Advising on the liability of a surveyor arising from a failure to identify asbestos in a RICS HomeBuyer Report.
    • Advising on a claim against an estate agent for failure to carry out due diligence on a prospective purchaser.
    • Assisting James Hall with a case concerning an architect’s liability for the negligent design and construction of a barn.

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    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.

  • Legal professionals

    Legal professionals

    Priya has acted in a wide range of professional negligence disputes involving allegations against legal professionals.

    Recent work

    • Advising on whether a claim was properly brought by solicitors within the limitation period in circumstances where there had been non-compliance with the Electronic Working Pilot Scheme.
    • Representing solicitors at trial in a professional negligence claim arising out of their management of litigation in a boundary dispute, including an allegation of failure to follow instructions. The claim against the solicitors was dismissed in its entirety.
    • Advising on a claim against a solicitor for failing to report the Grade II listed status of a property.
    • A loss of chance claim arising from a failure to register an interest as a restriction on the property register.
    • Assisted Laurence Page in a claim concerning solicitors’ negligence in preparing an unlawful eviction claim.
    • Advising a solicitor on potential negligence arising out of a failure to safeguard their client’s position in respect of a Community Infrastructure Levy in a conveyancing transaction.
    • Advising on the merits of a claim against a solicitor for a failure to bring a timely action in respect of a lapsed life insurance policy.
    • Advising on the prospects of a claim against a solicitor for registering proprietors of a property as joint tenants as opposed to tenants in common.
    • Advising a solicitor on liability for failing to properly advise in respect of a restrictive covenant and planning permission in connection with the purchase of a property.
  • Financial professionals, insolvency professionals, directors & officers

    Financial professionals, insolvency professionals, directors & officers

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

    Recent work

    • Representing an accountant in a negligence claim brought by a former client for failure to advise in relation to capital gains tax and bankruptcy.
    • Advising a policyholder on a negligence claim against her insurance company following mismanagement of a claim.
    • Advising on a claim against receivers for negligence.
• Costs and litigation funding

  Costs and litigation funding

  Priya is an experienced costs practitioner and has appeared in a wide range of costs matters, including: solicitor-client disputes, inter-partes disputes and Part 36 offers. She regularly appears in the SCCO and is routinely instructed on costs matters where her specialisms overlap.

  Priya has also delivered training on the new fixed recoverable costs regime and wasted costs orders.

  Recent work

  • Junior counsel to Robin Dunne in the matter of TRX v Southampton Football Club Ltd [2022] EWHC 3392 (KB): https://caselaw.nationalarchives.gov.uk/ewhc/kb/2022/3392. This High Court appeal concerned whether: (a) there was a private retainer in place covering the pre-CFA period; (b) the effective date of a CFA; and (c) the scope of a judge’s discretion under CPR r47.20.
  • Successfully recovered (with Thomas Bell) substantial sums in a detailed assessment in the SCCO which raised issues including: hindsight and the relevance of costs budgets in circumstances where there was no costs management order made.
  • 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.
  • Represented the receiving party in a detailed assessment in the SCCO where Priya successfully obtained an order debarring the paying party from making further submissions.
  • Advising on whether a retainer was a private retainer or conditional fee agreement.
  • Successfully resisted an application for summary judgment in respect of unpaid solicitors’ fees and obtained a stay of those proceedings in circumstances where Priya’s client had commenced proceedings under the Solicitors Act 1974.
  • Acting in a detailed assessment in the SCCO where Priya persuaded the court that an electronic bill was not required for a case issued under CPR Part 55.
  • Obtaining approval for a deduction of a 100% success fee and ATE insurance premium from a damages award.
  • Advising on interim statute bills.
  • Acting as sole counsel in a County Court appeal involving non-payment of solicitors’ fees.
  • Advising on whether litigation costs were recoverable under a lease and, specifically, the interplay between the fixed costs regime and contractual costs.