Deia Russell-Smith is a pupil at Cornerstone Barristers accepting instructions across all areas of chambers work, with a particular interest in housing, property, planning and environment, and public law and judicial review.
Expertise
- Public law & judicial review
Deia is keen to build a practice which includes public law and judicial review. During the first six months of her pupillage, Deia has assisted her supervisors by:
- Advising on the merits of a proposed judicial review related to the interpretation of assimilated EU law on food safety.
- Drafting Summary Grounds of Defence for a judicial review/ section 289 appeal under the TCPA 1990 relating to alleged breaches of Art. 9 and Art. 2 Protocol 1 ECHR.
- Advising on the merits of a proposed judicial review of a decision to grant prior approval for a development on grounds relating to the failure to take into account material considerations including transport, noise and ecological impacts.
- Advising on the lawfulness of a decision to reclassify certain dwellings for the purpose of council tax and the merits of any potential challenge by way of judicial review.
- Drafting a PAP Response for a proposed judicial review relating to the settlement boundary contained in a Neighbourhood Development Plan.
- Planning & environment
During the first six months of her pupillage, Deia has assisted her supervisors Robert Williams KC and Jack Parker as well as other members of Chambers on a wide range of Planning and Environment matters including:
- Undertaking legal research on whether “deemed consent” under advertisement regulations is a “possession” within the meaning of Art. 1 Protocol 1 of the ECHR.
- Preparing closing submissions for a 1-day planning inquiry concerning an appeal against an enforcement notice under s. 175 of the Town and Country Planning Act 1990.
- Advising on the potential effects of the Steel Industry Act 2025 on enforcement powers under environmental permitting regulations.
- Advising on the scope of lawful use rights pursuant to a lawful development certificate for a caravan park.
- Drafting brief submissions for why permission to appeal should be refused on grounds relating to the service of an enforcement notice and meaning of “premises” under s. 329 of the Town and Country Planning Act 1990.
- Advising on the enforceability of planning obligations contained in a section 106 agreement.
- Drafting an advice note on whether a local authority had the power to serve a Tree Replacement Notice (TRN) in respect of land subject to a Felling Licence and a TPO.
- Research on the applicable enforcement time limit under s. 171B of the Town and Country Planning Act 1990 in respect of the amalgamation of two self-contained units.
- Housing
During the first six months of her pupillage, Deia has assisted her supervisor Matthew Feldman on a range of housing related matters including:
- Drafting a skeleton argument for an appeal under s. 204 of the Housing Act 1996 challenging the suitability of temporary accommodation.
- Advising on the merits of a local authority’s decision not to provide s. 188 interim accommodation pending their inquiries into habitual residence and alternative accommodation outside the UK.
- Drafting a skeleton argument for an ASB injunction which raised issues about the weight to be attributed to uncorroborated anonymous hearsay evidence of professional housing officers.
- Drafting Particulars of Claim for possession proceedings on a mandatory anti-social behaviour ground.
- Property
In her first six, Deia has assisted her supervisors Matthew Feldman and Alistair Cantor by drafting:
- A skeleton argument inviting the First-tier Tribunal to strike out an application to set aside a property transfer on the basis of fraud.
- Advice on the termination provisions in an Agreement for Lease and merits of any challenge on the basis of an equitable lease, constructive trust, or proprietary estoppel.
- Advice to a landlord on the upcoming effect of the Renters’ Rights Act 2025 on their standard tenancy agreement.
- Advice on tenants’ repair obligations under the terms of an existing lease in the context of ongoing proceedings for the grant of a new business tenancy.
- A research note on the grounds for challenging a party wall award following the expiry of the statutory appeal window under the Party Wall Act 1996.
- Advice on a business forfeiture claim on the basis of substantial rent arrears.
- Commercial & Regulatory
Deia welcomes instructions which raise commercial and regulatory matters. During her first six, Deia has drafted a Defence to a claim for the return of gambling losses which raised issues relating to a gambling operator’s alleged negligence and non-compliance with codes of practice under the Gambling Act 2005.