Property & Real Estate Barristers
Kerry Bretherton to be appointed as new QC in 2016
11th January 2016
Tanfield Chambers is delighted to announce Kerry Bretherton’s appointment as a new Queen’s Counsel in February 2016.
One of only 25 women to be appointed to Queen’s Counsel in 2016, Kerry Bretherton has expanded her public law and court of protection practice to establish herself as one of the leading lights in residential and commercial property transactions, in particular those involving the complex world of social housing and the areas in which it impacts on commercial property matters.
A member of the Government’s A Panel, key, recent property cases include acting as case leader in the Supreme Court in March 2016 in McDonald v McDonald (in relation to the right to rely upon Article 8 in a mortgage possession claim), the Court of Appeal decision in L&Q v Prestige Properties (in which she achieved considerable success for the Claimant in relation to an alleged ransom strip including obtaining personal costs orders against directors of the Defendant), acting in Gold Harp Properties v McLeod (in which she led in the Court of Appeal in relation to land registration) and, acting in the Supreme Court cases of Haile v London Borough of Waltham Forest, MB v DWP and ACCG v MN.
Recognised by Chambers & Partners as “ferociously tenacious” Kerry is known for her “willing[ness] to take on difficult cases and battle on where others would give up”. She has, in 2016, been praised by the directories for being “extremely hard-working, dedicated and knowledgeable.”
The silk ceremony will take place on Monday 22nd February 2016.
Editorial Notes
Kerry is a highly respected barrister with a highly respected practice as one of the leading experts in public & administrative law (including Court of Protection), and, in particular, the cross-over between social housing and commercial property matters.
Kerry was appointed to the Attorney General’s A Panel in 2012. Her work includes all aspects of public & administrative law including education, immigration, funding challenges as well as public procurement, and VAT work. She acts in all matters of local government work including community care. Kerry is highly experienced in Court of Protection work and has acted in the lead cases both in relation to property and affairs and in relation to welfare. Her property work ranges from housing to all aspects of residential and commercial L&T as well as real property and she has appeared in courts including the Supreme Court in relation to property cases.
She is case leader in the Supreme Court in March 2016 in McDonald v McDonald in relation to the right to rely upon Article 8 in a mortgage possession claim. Her commercial 54 Act L&T work has included very complex cases including her A Panel Government work and high value cases.
An example of her commercial L&T work is the Court of Appeal decision in L&Q v Prestige Properties in which she achieved considerable success for the Claimant in relation to an alleged ransom strip including obtaining personal costs orders against directors of the Defendant.
Her real property work includes Gold Harp Properties v McLeod, in which she led in the Court of Appeal in relation to land registration. She has a keen interest in the Party Wall Act and rights to light.
Her housing work has included numerous Court of Appeal cases and success as case leader in the Supreme Court in 2015 in Haile v London Borough of Waltham Forest in a homelessness case, which justifies her ranking in Band 1 for Social Housing by Chambers & Partners.
Kerry is also experienced in public law including COP. She is acting in MB v DWP in which the Supreme Court is considering the pension rights of a married transsexual and the direct effect of the EU Directive. Kerry is also acting in ACCG v MN in which an application for permission to appeal has been lodged with the Supreme Court in a case, which concerns the jurisdiction of the Court of Protection and the Administrative Court. Her work includes R (on the application of Kent County Council) v Secretary of State for Health on a funding dispute regarding ordinary residence AM (Belarus) v Secretary State for the Home Department on the right to family life, Hall v Leicestershire CC concerning a museum closure; and M v A local authority a lengthy trial involving allegations of factitious illness syndrome.
Kerry has been ranked by Chambers and Partners in Band 1 in Social Housing for a number of years and is also ranked in Public & Administrative Law and Court of Protection and is ranked by the Legal 500. Comments for Chambers & Partners 2016 include: Social Housing “She fights hard for her clients and gives it her all”; Public & Administrative Law 2016 “Ferociously tenacious, she has incredible judgement and is willing to take on difficult cases and battle on where others would give up.” “She is methodical, robust and a solid, safe pair of hands,”; Court of Protection 2016: “She is extremely hard-working, dedicated and knowledgeable.” “She brings in experience from other fields and takes a sensible and forensic approach to Court of Protection work. She is very highly regarded.” In other years comments for the directories include she is “extremely strong in terms of her oral advocacy.” she is “…excellent on her feet”. In Court of Protection work Kerry has been described as a “dogged advocate opposing counsel underestimate at their peril.” Sources note that her “written work is exceptional,” and appreciate that “she is not afraid to run unusual points of law and is willing to go the extra mile in terms of advice and assistance.” She has also been described as “tenacious, and someone whose advice is always clear and concise. If you have a tough case and you need a battler, she is the one,” and is “excellent with clients“.