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Housing and Property

Anya Newman

Email:

Clerk Enquiries:

Barrister

(Year of Call 2007)

Joined Chambers: 2007

Qualifications:

LLB Birmingham University

BVC Nottingham Law School

Background:

Anya Newman has developed a strong reputation in the field of housing and property law and is a specialist in this area. She is noted for her pragmatic advice and her willingness to advance her client’s case with force.

Anya prides herself on her ability to understand her client’s objectives and give practical advice, enabling clients to achieve the best possible outcome in the most efficient manner without unnecessary cost or delay.

Anya frequently undertakes possession claims involving complex human rights and Equality Act 2010 elements. Anya is a specialist in anti-social behaviour litigation and offers training in this area. Anya also enjoys Judicial Review and has recently been representing a Housing Association brought into an application for permission. Linked to her anti-social behaviour practice Anya is also involved in several Protection from Harassment claims.

Anya regularly appears in the High Court and often acts in cases where agreements have been made in relation to real property between families or associates but not properly formalised leading to multifaceted litigation. She also undertakes boundary dispute work and Party Wall Act litigation.

With regard to commercial property, Anya has a particular interest in leasehold disputes and dilapidations claims.

Anya is regularly instructed to undertake work in the following areas:
• Possession: Landlord and Tenant (including human rights and Equality Act 2010 issues)
• Possession: Mortgage
• Anti-Social Behaviour Injunctions
• Anti-Social Behaviour Orders
• Committal Proceedings
• Housing Disrepair Claims
• Homelessness and Allocations
• Housing related Judicial Review
• Mobile Homes Act work
• Agricultural Tenancies
• Commercial Property Disputes (including dilapidations claims)
• Succession claims

Anya is Head of Training for St Ives Chambers Housing Group and is available for targeted training on request. She has recently written a course for Advanced Advocacy in Social Housing Litigation.

Recommendations:

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Chambers & Partners 2017: "Has an excellent rapport with clients and is always prepared to argue fiercely for the outcome desired by those instructing her."

Chambers & Partners 2016: "She fights tooth and nail for her clients." "She is a very knowledgeable, very smart young barrister who knows the law, thinks well on her feet and is well prepared. She's highly respected."

Chambers & Partners 2015: "She is fresh and determined. She is always enthusiastic, practical and very approachable. She has an excellent rapport with clients and is always willing to argue hard for the outcome desired by those instructing her."

Chambers & Partners 2014: "She is to be highly commended for the quality of the advice, support and guidance we received throughout our particularly difficult case."

Notable Cases:

Wolverhampton and Others v Persons Unknown
In this ground breaking case Anya is being lead by Joseph Giret QC applying for a ‘car cruising’ injunction in the High Court in an attempt to prevent car cruising across all of the Black Country. The case has received significant media attention although it is not yet concluded.

Bromford Housing Association Ltd v Wallace and Wallace
In this case Anya successfully obtained a possession order in a case where one joint tenant was in prison for sexually abusing a child. The tenant’s spouse who had no knowledge of the offences remained in the property alone but wished for her partner to return to her when he is released several years in the future.

R (on the application of Madgwick) v Coventry CC and Whitefriars Housing Group
In this case Anya represented a Landlord who had been added as a third party to a claim for judicial review. She successfully defended her client’s position and the application for leave was dismissed.

Wolverhampton City Council v Bailey
In this case the Defendant tried to avoid the Council’s usual allocations procedure by moving into a property just before another member of her family had vacated. She applied for but was refused succession rights. Possession was sought and the occupier defended on the basis that firstly a tenancy had been created by the acts of the Council which meant that they were unable to recover possession and secondly, that her human rights were being breached by the Council pursuing possession. Despite running the matter to trial, the defence conceded that they could not answer Anya’s skeleton argument and a possession order was not opposed.

Wolverhampton Landlords Committee Ltd v Wolverhampton City Council
This matter involved a judicial review challenge to the consultation process which had taken place prior to the designation of an area of Wolverhampton as a Selective Licensing area. The Applicant company was formed after the designation and claimed to represent dozens of Landlords in the affected area. The case raised issues such as standing, public interest and delay in addition to the principal question of whether the consultation process had been carried out lawfully. Having advised on the case from its inception, Anya’s response to the application for permission to apply for judicial review was successful and the case was dismissed on the papers. Unsatisfied with this, the Applicant applied to the High Court for an injunction to prevent the implementation of the Selective Licensing scheme. Anya successfully defeated this application and due to the defeat, the Applicant withdrew its request for a review of the initial decision to refuse permission for judicial review.

Warwickshire County Council v Persons Unknown
This case concerned illegal car cruising taking place at Hams Hall estate in Warwickshire. The car cruises would be attended by up to 2000 individuals who congregate in order to show off their modified vehicles, perform dangerous stunts and compete in illegal races on the public roads which traverse the estate. The Council sought an injunction against the potential 2000 unknown Defendants. Anya successfully obtained the injunction in the High Court. The injunction was widely publicised in the local media and it is hoped that it will provide the local residents who were suffering from this flagrant anti-social behaviour with safer roads and peace of mind.

The BBC article on the injunction can be read by following this link

A YouTube video example of the car cruising can be viewed by following this link

Shakoor v Akhtar

In this matter, the trial of which lasted 9 days, Anya successfully defeated an occupier’s attempt to reverse the sale of her property (which was sold at an undervalue) to her Landlord. In addition to defeating the claims of the occupier, Anya obtained possession for her client and full costs. The matter was hard fought: the case lasted for over 2 years and involved issues of mental capacity.

Abbass v Wahid

In this High Court case Anya successfully recovered monies for her client which were owned under a novel agreement secured against the Defendant’s property with a default provision to sell the property to her client for a fixed figure.

Further Information:

Scholarships and Prizes: Ashworth Price, Inner Temple Exhibition Award, Inner Temple Duke of Edinburgh Award, Inner Temple Camm Cup Winner, Birmingham University, 2005 Mistress of the Moots, Birmingham University, 2005-2006 Lady Barbour Prize for mooting 2006 King Henry VIII Trust Award

Appointments:

Treasurer of SHLA Midlands

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