Deia Russell-Smith

Call: 2023

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Deia is a barrister at Cornerstone Barristers, accepting instructions across all areas of chambers work, with a particular interest in planning and environment, licensing, information law, property and housing. Deia successfully completed her pupillage under the supervision of Estelle Dehon OBE KC, Robert Williams KC, Matthew Feldman, Jack Parker, Alistair Cantor and John Fitzsimons.

Expertise

  • Public Law & Judicial Review

    Deia is keen to build a practice which includes public law and judicial review. During 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

    Deia welcomes instructions on planning and environment matters. During pupillage, Deia has assisted her supervisors Estelle Dehon OBE KC, 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. 174 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.
  • Licensing

    Deia welcomes instructions on licensing matters. Deia is currently instructed in relation to two taxi licensing appeals defending the licensing authority’s decision to revoke a license/ refuse to renew a license following disclosure of allegations of sexual assault in which the police determined to take no further action.

  • Information Law

    Deia welcomes instructions which raise questions relating to information law. Deia was previously a Data Protection Officer at a surveying company, and regularly provided training on data protection compliance to employees.

    During pupillage, Deia assisted her supervisor John Fitzsimons by drafting:

    • A skeleton argument for an appeal of a decision to withhold disclosure of certain documents relying on an exemption in the Freedom of Information Act 2000
    • Advice on a local authority’s data protection obligations within the coronial system.
  • Property & Housing

    Led by Kelvin Rutledge KC, Deia is currently instructed by a local housing authority in respect of a judicial review concerning the local authority’s discharge of their duties in respect of homeless applicants.

    Deia is regularly instructed on a range of housing- and property-related matters, such as:

    • Drafting pleadings in relation to disrepair
    • Advising and drafting pleadings on a dispute concerning recovery of estate rentcharges under the Rentcharges Act 1977
    • Interim and final Anti-Social Behaviour injunctions
    • Injunctions to obtain access to properties for the purpose of inspection, gas safety, electrical safety and maintenance works
    • Possession proceedings for example on the basis of trespass, failed succession, anti-social behaviour, and rent arrears
    • Advising in relation to the procedure for recovering possession of temporary accommodation used in discharge of the local authority’s homelessness duties
    • Pleadings in respect of possession proceedings on mandatory and discretionary grounds

    During pupillage, Deia also assisted her supervisors Matthew Feldman and Alistair Cantor by drafting:

    • A skeleton argument for an appeal under s. 204 of the Housing Act 1996 challenging the suitability of temporary accommodation.
    • Advice 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.
    • 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.
    • 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.