Ms Rachel Coyle

Barrister

  • Public Access

Introduction

Rachel is a specialist Civil Barrister. She enjoys a thriving practice in general civil and commercial work.

She has been praised for her tenacity, determination and sound, thorough legal knowledge by clients, judges and opponents. She is committed to providing practical advice in a timely manner and pays attention to detail in complex factual and legal matters. Rachel has been described by clients as courteous, very personable and approachable.

Before coming to 36 Civil, Rachel completed pupillage at Arden Chambers during which time she undertook a secondment at Newham & Havering LBC in their housing department working on Judicial Review cases and homelessness as well as statutory nuisance. She also undertook a secondment at Hyde Housing Association during which time she dealt with anti-social behaviour injunctions, evictions, suspension of warrants, boundary disputes, nuisance, hoarding, Manchester v Finn/Sheffield v Hopkins applications and other housing and property related disputes.

Before coming to the Bar, Rachel worked as a Legal and Finance Associate at Seneca Banking Consultants dealing primarily with claims against banks in the pre-litigation stage that engaged in the sale of Interest Rate Hedging products, Fixed Rate Tailored Business Loans, GRGs, Annuities and Currency Swaps. Rachel handled a case load of over 150 clients including premiership footballers, hoteliers, accountants, private residential and commercial landlords, private student halls of residence companies, private hospitals, farmers, car dealerships and private individuals. Her experience included drafting pleadings and conducting negotiations. The highest pre-litigation negotiation solely handled was for £4.5 million in favour of a private landlord and letting agent. She was also exposed to insolvency and enforcement work.

Rachel also worked as a Catastrophic Personal Injury Paralegal at DWF and Costs Paralegal at Horwich Farrelly Solicitors on behalf of some of the Europe’s biggest insurance companies. In both positions she drafted documents such as witness statements, defences, Part 18 requests, Points of Dispute and Precedent H forms.

Rachel is also direct access qualified.

Specialisms

Commercial:

Agency and Distributorship agreements

Business start-up packs

Directors’ disputes

Directors’ service contracts

Financial Services, especially Regulatory & Compliance and FCA Investigations

General contracts

Professional negligence

Sale of Goods and Services, domestic and international

Shareholder remedies, including Unfair Prejudice petitions

Banking and financial misselling

Property & Landlord and Tenant:

Commercial and Residential Property

Adverse possession

Easements and Covenants

Possession

Agricultural tenancies

Business tenancies under the Landlord and Tenant Act 1954 and land registration

Service Charges and improvement work

HMO licensing

Mobile Homes Act 1983

Mortgage Repossessions (Protection of Tenants) Act 2010 disputes

Right to Manage provisions under the Commonhold and Leasehold Reform Act 2002

Enfranchisement provisions under the Leasehold Reform, Housing, and Urban Development Act 1993, as well as the Housing Act 2004

Regulation 13 Costs.

Chancery:

Civil enforcement in the county courts and High Court (Chancery Division

The application of CPR 85

Civil Restraint Order

Interest Rate Hedging disputes

Fixed Rate Tailored Business Loans disputes

Insolvency

Employment and Regulatory:

Unfair Dismissal

Whistleblowing

Discrimination

Harassment

Victimisation

Union work

Civil Employment Disputes

Confidential Information and Database rights

Garden Leave

Injunctions and other interim remedies

Restrictive Covenants

Professional Misconduct Panel Hearings

 

Public Law, Judicial Review, Procurement, Local Government and Welfare Benefits:

The Equality Act 2010

Articles 8 and 14

Homelessness Judicial Review Claims

Housing Benefit, Disability Living Allowance and Employment Support Allowance

Waste Disposal Regulations

HMO Licensing

Delegated authority and agency.

 

Housing:

Mutual Housing Cooperatives

Section 21 and section 8 notices seeking possession

Tenancy deposits

Disrepair and Hazards

Unlawful and retaliatory evictions

Homelessness appeals

Warrants

Succession

Anti Social Behaviour Injunctions and Committal Application

Statutory Nuisance

Specialised knowledge of Housing Act 1996, Housing Act 2004, Housing Act 1985, Housing Act 1988, section 11 Children Act 2004, Equality Act 2010 and public law defences.

Discrimination

Qualifications, Appointments

The College of William & Mary, Virginia, USA, Draper's Company Scholarship, LLM in American Legal Studies (2012) 

Queen Mary University Of London, LL.B (Hons) First Class (2011) 

Manchester Metropolitan University, BPTC (2013)

 

 

Publications

'The benefit cap and lone parents with children under two: case analysis of DA and Others v Secretary of State for Work and Pensions [2017] EWHC 1446 (Admin)

The benefits cap was slammed by Mr Justice Collins as operating to unlawfully discriminate lone parents with children under the age of two. Rachel Coyle explains why.

 

GOODBYE GRAYLING’S EMPLOYMENT TRIBUNAL FEES

R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) [2017] UKSC 51

The Supreme Court has unanimously ruled that the government was acting unlawfully and unconstitutionally when it introduced the fees four years ago.

Features in the Local Government Lawyer 

 

The Secretary of State for the Home Department v Mosira [2017] EWCA Civ 407

The nub of it

The Home Office has been criticised by the Court of Appeal for its legal analysis.

The Secretary of State was seeking to apply refugee cessation provisions to a non-refugee deportee.

Mr Mosira was a Zimbabwean national who had not been granted refugee status. There was a family re-unification which led the Secretary of State to impose its rigid position years later.

 

The Right to Manage: A Brief Overview

Co-written with Ibraheem Dulmeer of the Leasehold Advisory Service, 19 October 2016, featured on Lexology and the Leasehold Advisory Service website.