Court of Appeal victory secured for a landlord on an urgent basis

A huge thank you to Riccardo Calzavara of Cornerstone Barristers and Hugh Rowan of Tanfield Chambers for stepping in on an urgent basis to represent our help seeker, a landlord, in her housing case in the Court of Appeal. 

Because she did not comply with the improvement notice, the City Council imposed a penalty of £22,500 which, again, was sent to an address at which our help seeker did not receive it. She only became aware of the improvement notice and the penalty when the City Council sought to enforce payment of the penalty.

After the First-tier Tribunal (Property Chamber) upheld the penalty but reduced its amount, the Upper Tribunal (Lands Chamber) concluded that our help seeker had a reasonable excuse for not complying with the improvement notice, and so removed the penalty entirely. However, the City Council appealed to the Court of Appeal. Riccardo and Hugh stepped in 2 days before the hearing to draft the skeleton argument and represent our help seeker at the hearing. They were successful in their defence, and the appeal was dismissed.

The Court were extremely grateful to both Advocate and to Riccardo and Hugh for stepping in on such an urgent basis to help.

Lord Justice Zacaroli said: 

“65. The Court is extremely grateful to Advocate who were able, notwithstanding the limited time, to find representation for Ms Tabbasam at the hearing. The point raised by the appeal was undoubtedly of great importance to Ms Tabbasam, as well as of some wider importance, and the interests of justice were undoubtedly best served by having the issues properly explored in a full adversarial process.

66. The Court is equally grateful to Mr Calzavara and Mr Rowan who, despite being instructed only two days before the hearing, provided a skeleton argument of the highest quality and oral submissions to match. These were of great assistance to the Court, and have proved to be of significant benefit to Ms Tabbasam. This case demonstrates the enormous value to litigants and the courts of charities such as Advocate who provide free legal assistance for litigants in need of it, and of lawyers who are prepared to provide their services for free.”

The Court also made a pro bono costs award of £1,000 to be paid to the Access to Justice Foundation to help fund further free legal advice.

Thank you, Riccardo and Hugh.

Read the full judgement here.

Find out more about taking on pro bono work through Advocate and more about the benefits of pro bono cost orders and how to secure them.