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Philip Kolvin

Matthew Feldman

Called
1995
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

Matthew has a broad practice with particular expertise in Housing, Property, Public, and Commercial Law.

He acts for local authorities, housing associations, businesses, and private individuals in all Courts in England and Wales, including the Supreme Court.

Matthew specialises in property, housing, public and administrative law, and general commercial litigation. He acts for local authorities, housing associations, businesses, and private individuals in all Courts in England and Wales, including the Supreme Court.

His more recent work includes: The Queen on the application of Vincent Nolson v Stevenage Borough Council [2020] EWCA Civ 379 in which the Court of Appeal considered the procedure for reviewing an application for interim relief in a claim for judicial review following a refusal of interim relief on the papers; R (Bukartyk) v Welwyn Hatfield BC [2019] EWHC which concerned a successful claim for judicial review to quash the Council's decision to refuse to accept a fresh homelessness application under Part VII of the Housing Act 1996; and GBQ Investments Ltd v (1) Mortgage Express, (2) NRAM Limited [2018] EWHC 2536 (Ch) an ongoing case concerning the equity of redemption in relation to a portfolio of mortgaged properties.

Overview

Matthew has extensive experience in housing law and is a founder member of the Social Housing Law Association. He advises and represents local authorities, registered providers and tenants of all types up and down the country in statutory homelessness appeals, possession claims, human rights, discrimination and Equality Act 2010 challenges, statutory succession and right to buy proceedings, claims and injunctions based on anti-social behaviour, unlawful eviction and harassment claims, disrepair, succession, deposits, and EPA 1990 matters.

Cases:

Yemshaw v Hounslow LBC [2011] UKSC 3. The Supreme Court held that the term 'domestic violence' in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm.

Yemshaw v Hounslow LBC [2009] EWCA Civ 1543. The meaning of 'domestic violence' in section 177(1) of the Housing Act 1996.

R (McGarrett) v Kingston Crown Court [2009] EWHC 1776 (Admin). The Divisional Court held that the purpose of an ASBO was not to punish, and the terms of the order had to be proportionate to the risk to be guarded against. Further, the order had to be both necessary and justified.

Vesely v David Levy & Others [2008] L & TR 9. Whether a fixed contribution towards joint household expenditure was capable of amounting to rent, and whether the purpose of the arrangement between the parties and the surrounding circumstances gave rise to the inference that there was an intention to create a landlord and tenant relationship between the parties.

London & Quadrant Housing Trust v Ansell [2007] HLR 37. Part of the 'tolerated trespasser' litigation. Leave to appeal to the House of Lords was granted to the Appellant, and the case was settled on favourable terms shortly before the final hearing.

Overview

Matthew's property practice incorporates both real property and residential/commercial landlord and tenant. He has particular expertise in fields such as adverse possession, boundary disputes, easements and covenants, Land Registry disputes, mortgages, trusts of land and building disputes.

He combines his commercial and property expertise to provide highly effective representation in business tenancy renewal negotiations and disputes. He also acts for landlords and tenants in forfeiture/possession proceedings, dilapidations/disrepair disputes and service charge disputes, including more complex matters heard in the High Court.

In addition, he acts for landlords and leaseholders in claims for new leases and enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, including disputes as to premium and the terms of new leases, and the rights of landlords following enfranchisement.

Cases:

GBQ Investments Ltd v (1) Mortgage Express, (2) NRAM Limited [2018] EWHC 2536 (Ch). An ongoing case concerning the equity of redemption in relation to a portfolio of mortgaged properties.

Parkes v Wilkes [2017] EWHC 1556 (Ch). A High Court appeal in a case concerning the intention of the parties behind the purchase of the freehold interest pursuant to the collective enfranchisement provisions under the Leasehold Reform, Housing and Urban Development Act 1993.

Chubb & Bruce v Dean & Anr [2013] EWHC 1282 (Ch). An application for an order for sale in a mortgage case dealing with (i) the applicable rate of interest due, (ii) whether matters gave rise to an 'unfair relationship' between the parties under s140B of the Consumer Credit Act 1974, and (iii) appropriation.

Patel v Singh & Anor [2009] EWHC 2980 (Fam). A successful claim under the Trusts of Land and Appointment of Trustees Act 1996 lasting more than three weeks in the High Court.

Overview

Matthew has considerable experience representing local authorities and private individuals in public law proceedings. He has particular expertise in the judicial review of decisions concerning the allocation and management of social housing, provision of accommodation for the homeless pending review, and the assessment of and provision for care and support needs under the Care Act 2014.

Matthew also has extensive experience in defending and pursuing human rights, public law and administrative law challenges to public authority possession claims. He is well-versed in the disability provisions of the Equality Act 2010 and discrimination claims of social housing tenants.

More recently, he has been involved in the following cases:

The Queen on the application of Vincent Nolson v Stevenage Borough Council [2020] EWCA Civ 379. The Court of Appeal considered the procedure for reviewing an application for interim relief in a claim for judicial review following a refusal of such interim relief on the papers. Matthew acted for the Respondent local authority.

R (Bukartyk) v Welwyn Hatfield BC [2019] EWHC 3480 (Admin). A successful claim for judicial review to quash the Council's decision to refuse to accept a fresh homelessness application under Part VII of the Housing Act 1996.

R (McGarrett) v Kingston Crown Court [2009] EWHC 1776 (Admin). The Divisional Court held that the purpose of an ASBO was not to punish, and the terms of the order had to be proportionate to the risk to be guarded against. Further, the order had to be both necessary and justified.

Overview

Matthew has wide-ranging commercial and general civil litigation experience with particular emphasis on agency disputes, consumer credit, enforcement of judgments, Inheritance Act 1975 claims, misrepresentation, partnership disputes, sale of goods and services, undue influence/duress, and interim relief applications including freezing and other injunctions.

Recent work includes:

  • advice in respect of the purchase of a gym franchise.
  • advice and representation in a fraudulent misrepresentation action in the High Court in relation to the sale of a property.
  • advice and drafting in an undue influence/breach of fiduciary duty claim in the High Court.
  • advice and representation in an application for security for costs in the High Court.
  • obtaining summary judgment in the High Court dismissing a substantial damages claim against a local authority.
  • advice and representation in a complex commercial fraud case.

Matthew's publications as at:

14th September 2020

  • 'Clear Intentions' – a discussion of the impact of Jones v Kernott in cases where there is an express declaration of beneficial interests: Family Law Journal, March 2012
  • Legal Action, September 2012, Oyzen v Bell-Gam
  • Legal Action, October 2015, Autunes v Smith and Right Move Lettings & Property Management Services Limited

Property Bar Association
Constitutional & Administrative Law Bar Association
Chancery Bar Association
ACIArb
The Surrey County Agricultural Society Advisory Board

News:

Matthew Feldman joins Cornerstone Barristers

14th September 2020

Cornerstone Barristers are delighted to welcome Matthew Feldman who joins the set from 42 Bedford Row. Matthew is an experienced barrister and his practice spans property, housing, commercial and regulatory and,....