Olivia Davies

Housing

Events – Zoom webinar – the lifting of the possession stay.

Recent instructions include:

• Obtaining multiple orders for immediate possession and use & occupation (with costs), including in cases of ASB and against trespassers, in both the county court and High Court.

• Defending Local Authorities in EPA claims.

• Defending landlords in claims under section 214 Housing Act 2004 for breach of the deposit protection rules. 

• Prosecuting breaches of the HMO regulations on behalf of Local Authorities.

• Securing a Part 8 injunction to prohibit the obstruction of a right of way.

• Obtaining an injunction for the term of the tenancy enabling a landlord to carry out annual gas safety inspections in compliance with its duty under the Gas Safety (Installation and Use) Regulations 1998.
  
  
• Advising Local Authorities on various disrepair matters arising under the Landlord and Tenant Act 1985.

• Drafting defences to claims made under the Landlord and Tenant Act 1985.

While a pupil, Olivia gained experience of a range of housing matters, including:

• Drafting an advice for a local authority in relation to an appeal under s 204 Housing Act 1996 and what constitutes “reasonable living expenses”.

• Drafting summary grounds of opposition to a claim that a local authority failed to undertake a statutory review under s 202 of the Housing Act 1996

Anti-Social behaviour 

Recent instructions include: 

• Obtaining closure orders under section 80 of the Anti-Social Behaviour, Crime and Policing Act 2014 and subsequent extensions of orders under section 82 for the maximum period.

• Representing Local Authorities at Committal hearings after breaches of ASB injunctions.

• Drafting grounds of appeal under s 46 of the Anti-social Behaviour, Crime and Policing Act 2014 against the issue of a Community Protection Notice for fly-tipping, leading to the withdrawal of the Community Protection Notice by the Local Authority.

• Representing a Housing Association in a trial for a final ASB injunction under s 1 of the Anti-Social Behaviour, Crime and Policing Act 2014.

• Securing  stalking protection orders (SPOs) under the Stalking Protection Act 2019 and sexual risk orders under the Sexual Offences Act 2003 on behalf of the Metropolitan Police.

Information Law

Events – Zoom webinar - GDPR 2 years on - Lessons learned and practical tips for compliance
22.06.2020

Recent instructions include:

• An allocation hearing in a DPA claim, in which it was successfully argued on behalf of the Defendant that the claim should be allocated to the small claims track.

• Succeeding on behalf of a Local Authority before the Information Tribunal in striking out an application to certify an offence to the Upper Tribunal for failure to comply with an FTT decision.

• Advising on prospects of success and drafting pleadings for and against claims made under the GDPR/DPA 2018.

As a pupil, Olivia gained the following information law expertise:

• Drafting an advice on whether a Government department's processing of personal data as part of a surveillance programme complied with GDPR.
  
  
• Drafting an advice on the prospects of a DPA representative claim against a Big Tech company.
  
  
• Drafting an advice on whether a contractual confidentiality clause prevented disclosure of documents to the ICO.

Public Law and Judicial Review

Recent instructions include:

• Junior counsel, with Sam Fowles, to Lisa Busch QC in Hamilton and Ors v Post Office Limited [2021] EWCA Crim 577, representing 3 of the 42 appellants who successfully overturned convictions for crimes of dishonesty in the Court of Appeal.

• Junior counsel to Philip Coppel QC in R. (on the application of Evans) v Electoral Commission [2021] EWHC 1818 (Admin), successfully defending a challenge by the Labour Party to the Electoral Commission's process for dealing with applications to change political parties' "registered descriptions".

• Junior counsel to Philip Coppel QC in R (Valero Logistics UK Ltd & Greenergy Terminals Ltd) v Plymouth City Council [2021] EWHC 1792 (Admin), a judicial review of a planning permission decision.

• Editor of the 2020 edition of Volume 25(2) of Atkins' Court Forms on Local Government.

As a pupil, Olivia gained the following experience:

• Drafting a Statement of Facts and Grounds in support of a judicial review claim against a Government department for the disclosure of refugees' personal data.

• Assisting with drafting the Statement of Facts and Grounds for the SNP's judicial review claim in R (on application of the Liberal Democrats and the Scottish National Party) v. ITV Broadcasting Ltd [2019] EWHC 3282 (Admin)

• Drafting an advice on the lawfulness of the consultation exercise undertaken by a Council prior to library closures.

Commercial

Recent instructions include:

• Successfully representing the Claimant in a small claims track trial brought in respect of sub-standard building work.

• Successfully representing a public body in an application to set aside default judgment in a financial claim.

• Drafting pleadings in a High Court claim for breach of a loan agreement.

• Editor of the 2021 volume of Atkins' Court Forms on Bills of Sale

As a pupil, Olivia's experience included:

• Drafting an advice on the consequences of failing to file group accounts in accordance with s 399 of the Companies Act 2006.

• Drafting a skeleton argument for an application to strike out a claim of unlawful means conspiracy.

• Drafting an advice on the lawfulness of HMRC's alcohol wholesaler registration scheme.

Planning and Environment

Recent experience includes:

• Junior counsel to Philip Coppel QC in Valero Logistics UK Ltd & Greenergy Terminals Ltd v Plymouth City Council [2021] EWHC 1792 (Admin), a judicial review concerning the grant of planning permission for a commercial heliport on a site located among fuel storage depots.

• Advising on the avenues of challenge available to a resident who was omitted from neighbourhood consultation on a planning application.

As a pupil, Olivia's experience included:

• Drafting summary grounds of resistance to a judicial review claim against a Council's grant of planning permission for a solar farm.

• Drafting a Statement of Facts and Grounds in support of a judicial review claim against a Council's decision to adopt a Masterplan without complying with the requirements for Supplementary Planning Documents.

• Drafting a skeleton argument for a statutory review under s 288 of the Town and Country Planning Act 1990.

• Drafted an advice on the lawfulness of revisions to a s 106 agreement.

Licensing

Zoom webinar: Licensing in the COVID-19 Era. Date 15.10.2020.

Recent instructions include:

• Advising a Local Authority on settlement in relation to its partial refusal of an application to vary a premises licence.

Recent experience includes:

• Advising on the prospects of success of an application to vary a premises licence under the Licensing Act 2003.