Olivia Davies

Call: 2016

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Olivia joined Cornerstone Barristers as a tenant in October 2020 after successful completion of pupillage. She is developing a broad practice in all areas of Chambers’ work.

During pupillage, Olivia was supervised by Philip Coppel KC, Ed Grant, Emmaline Lambert and Rob Williams. She carried out work for her supervisors, members of Chambers and her own clients in a range of areas including public, housing, commercial, and data protection law, and assisted in cases such as the SNP’s judicial review challenge of its exclusion from the leaders’ debate by ITV.

Before coming to the Bar, Olivia had both private and public sector legal experience. In the private sector, Olivia worked in the Brussels office of an international law firm, drafting EU merger filings.

In the public sector, Olivia has worked as a Legal Intern at the Competition & Markets Authority on competition and consumer law enforcement cases, and as a Research Assistant in the commercial and common law team at the Law Commission.

At the Law Commission, Olivia worked on the Goods Mortgages Bill and Report, and co-authored the “Right to Manage” consultation paper, part of MHCLG’s leasehold reform programme.

Olivia has a degree in law from St. Peter’s College, Oxford and a Competition Law LLM from King’s College, London for which she received a Distinction. Olivia read for the Bar at City Law School, with the benefit of an Exhibition from Inner Temple. She was graded Outstanding. During her studies, she volunteered with the Citizens Advice Bureau and Free Representation Unit, achieving a successful outcome in social security appeals for all her clients.

Expertise

  • 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 KC 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 KC 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 KC 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 and Regulatory

    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 KC 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.

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