Ms Rachel Coyle

Barrister

  • Public Access

Introduction

Rachel Coyle is a specialist property barrister that also works in commercial dispute resolution and private client.

Rachel acts in all types of commercial and property disputes, whether arising from contract, breach of duty, or otherwise. Rachel’s practice also encompasses contentious trusts, wills, and probate (including TOLATA and Inheritance Act claims) and insolvency.

Rachel’s expertise in property and commercial law is founded on time spent working in hedging product mis-selling, volunteering in the procurement and commercial team at Stockport Homes, paralegal work at law firms such as DWF LLP and on secondments at Hyde Housing and OneSource. In the USA, she acted pro bono in property and planning matters in the State of Virginia whilst studying for her LLM in American Legal Studies.

Clients that Rachel has worked with include global banks, U.K. solicitors’ firms with domestic and/or international clients, a Cypriot law firm, start-ups, private equity sponsors, local government departments and councils, large landowners and property management companies, charities, high net worth individuals and more vulnerable members of society. As part of her private client practice, she assists and represents trustees, beneficiaries and estates with inheritance and administration-related matters

Rachel can assist with advice, negotiation, mediation and litigation to the Court of Appeal level. Rachel has appeared in the High Court in the Business and Property Courts, Companies Court, Queens Bench Division, Chancery Division and Administrative Division. She has built a strong experience in the County Court to multi track level.

She also has experience in the First-tier Tribunal (Property Chamber) and First-tier Tribunal (Land Registration) cases including service charges, enfranchisement, boundary disputes, easements, breaches of covenant, adverse possession and the Housing Act 2004. She also accepts instructions in a developing area of interest, Equine Law.

Rachel delivers and assists with training at Inner Temple and with webinar and seminar providers across the country. She is a pro bono volunteer at Queen Mary, University of London Legal Advice Centre and trains students there. She has also taught Brazilian Lawyers on the Legal System of England and Wales.

Rachel was called to the Bar in 2013. She graduated from Queen Mary, University of London with a First-Class Honours. After winning the prestigious Drapers’ Company Scholarship she graduated with an LLM in American Legal Studies at The College of William and Mary, USA, Virginia.

Specialisms

Property

Rachel Coyle is an experienced advocate and is regularly instructed in a variety of property disputes, commercial, landlord and tenant, land registration, adverse possession, forfeiture, service charges, enfranchisement, leasehold extension, rent repayment orders, right to manage applications, appointment of manager applications, beach of leases (leasehold), Housing Act 2004 appeals pursuant to sections 43 and 45, boundary disputes, tree preservation orders, enforcement of easements and covenants relating to land, trespass, unlawful eviction, injunctions, section 21 and section 8 notices, tenancy deposits, local authority connection referrals in homelessness, homelessness appeals and allocation, disrepair and anti-social behaviour injunctions and committals.

Recent matters that Rachel Coyle has worked on include:

Representing a bed and breakfast in the First-tier Tribunal (Land Registration Chamber) on an adverse possession application in respect of a cellar they legally owned

Representing a tenant in a challenge to an Emergency Prohibition Order under sections 43 and 45 of the Housing Act 2004

Representing more than several homeless applicants in section 204 and 204A appeals in the County Court before Circuit Judges

Representing a landlord in a set aside of a judgment application and subsequent appeal in the County Court before a Circuit Judge concerning alleged non-protection of a tenancy deposit

Representing an individual leaseholder in a service charge challenge under s.27A of the Landlord and Tenant Act 1985

Representing an individual leaseholder in an ongoing dispute concerning alleged disrepair on the part of the freeholder

Representing an individual in an ongoing disrepair under an AST

Representing a landlord in an ongoing possession claim

Representing a tenant in an ongoing unlawful eviction claim

Representing a leaseholder in an ongoing matter in which they seek an extension of their lease at the correct premium that is now challenged

Representing a Defendant in a matter in which the question has arisen as to whether and who the deceased assigned a lease to

Representing a deceased’s daughter in an ongoing matter in which she resides in a property in which there was an Equity Release Mortgage that has come to an end on the death of the deceased

Representing a second successor in an ongoing eviction matter where matters of alleged non-application and breach of the allocation policy has arisen, and which has given rise to separate proceedings in the High Court

Representing a housing association in an anti-social behaviour injunction matter

Representing a local authority in a homelessness appeal

Advising a local authority on a local connection referral

Ongoing advice to a local authority about tree preservation orders

Representing a care home in a mixed-use tenancy and the implications of serving an invalid notice to quit

Advising in an ongoing matter concerning a tenancy at will in a marketplace

Representing a high net worth individual on his property portfolio and the enforcement of a mediation agreement entered into with his then partner

Representing a third party in ongoing forfeiture proceedings

Representing a cricket club in ongoing forfeiture proceedings

Represented a private individual in a boundary dispute concerning parking

Representing a private individual in an ongoing boundary dispute concerning an extension.

Commercial Dispute Resolution

Rachel Coyle is an experienced advocate and is regularly instructed as sole counsel in a variety of commercial disputes.

Rachel Coyle specialises in commercial contract litigation, including claims arising out of transactional agreements; shareholder, partnership and joint venture disputes; and sale of goods and services actions.

Recent matters that Rachel has worked on include:

Advising a Brazilian company on the enforceability of a contract in relation to medical equipment in an exclusive distributorship agreement with a UK domiciled company

Advising a large property developer about a breach of a construction contract entered into with a large company domiciled in Germany, with a particular emphasis on any breaches relating to the Building Regulations 2010 with regard to the common JCT contract

Advising a partner how to dissolve a partnership in the absence of a Partnership Agreement and exercise his rights

Representing a large company in several ongoing disputes concerning breaches of directors’ duties, investment in a multi-million-pound company, unfair prejudice under the Companies Act 2006 and the non-payment of loans

Advising on the relevant jurisdiction in contract claims concerning Latin American companies or individuals

Representing a large property management company in an ongoing breach of contract claim

Advising on and redrafting contractual terms of business in the property management sector

Representing a Farmers’ Association in an appeal concerning a pension dispute about the interpretation of an employment contract.

Rachel’s commercial practice is underpinned by extensive hedging mis-selling experience:

Advising and liaising with the FCA on behalf of large landowners, companies and high net worth individuals on the matter/s of Rollercoaster Swaps, Currency Swaps and Fixed Rate Tailored Business Loans as well as Caps and Collars

Advising on an alleged repudiatory breach in an ongoing case concerning a large cleaning contract for a hotel.

Insolvency

Rachel Coyle acts in a broad array of corporate and personal insolvency matters, whether representing office-holders, debtors, creditors, companies, directors or insolvency practitioners.

She has excellent knowledge of asset recovery proceedings, e.g. office-holder claims, transactions defrauding creditors, void dispositions etc. She also acts in claims against directors, including for breach of duty and disqualification, misappropriation of assets, unlawful dividends etc.

She has particular experience of applications made within insolvency proceedings, including applications to restrain presentation and advertisement of petitions and to set aside statutory demands.

Recent matters include:

Representation of a company in proceedings against HMRC. The litigation concerned tax liabilities arising as a consequence of Construction Industry Scheme credits having not been processed and VAT returns requiring updating

Advising and representing companies on costs issues arising out of winding up petitions, bankruptcy petitions and statutory demands, see reported case in the Chancery Division at [2019] EWHC 1079 (Ch)

Drafting of “warning correspondence” in circumstances where insolvency proceedings had been pursued maliciously and in abuse of process and subsequently representing the Company in the winding up proceedings

Representation of a director of a business in applications to set aside statutory demands served in respect of a disputed deposit and bounced cheque

Representation of a public body in winding-up proceedings founded on non-payment of non-domestic rates

Representation of a company in winding up proceedings founded on non-payment of non-domestic rates which the company were found not liable to pay, thus avoiding being wound up. 

Company

Rachel advises and represents individuals, shareholders, partners, directors or other third parties on corporate governance issues, including directors’ duties and remuneration, and unfair prejudice claims.

Recent matters that Rachel has worked on include:

Advising a director of a large company on making an unfair prejudice claim, under the Companies Act 2006.

Representing a director in an ongoing case in respect of a loan that remains unpaid by a former co-director that is alleged to be personal and unrelated to the company and not a company asset

Representing a director (and his Company) in an ongoing case concerning an alleged breach of a covenant entered into with his former company to not compete with it in a set period of time and geographical area.

Private Client (Trusts and Probate)

Rachel Coyle’s private client practice covers wills and probate disputes, financial provision claims, the administration of estates, and contentious trusts matters (onshore and offshore).

With Rachel’s property specialism, she has particular expertise in TOLATA 1996 proceedings, both in a co-ownership and an administration context. Rachel has particular expertise in Muslim marriages and agricultural land.

Stemming from her property specialism, Rachel represents and represents beneficiaries, executors, trustees and other interested parties in inheritance disputes including 1975 Act claims, challenges to the validity of wills, and applications to remove executors and trustees, as well as litigation founded on breach of trust. She also acts in non-contentious trusts matters, including advising on proving a disputed will, and applications to widen a trustee’s powers.

Recent matters include:

Representation of a Defendant in a 2 day trial determining beneficial ownership of a property in circumstances where a property was built on a plot of land apparently sold to the Defendant’s ex-partner. A TP1 was signed some years later and it was alleged by the Defendant that this did not reflect the common intention of the parties and what she had paid and contributed to the build itself. The litigation engaged questions of proprietary estoppel, constructive trusts and land registration

Representation of an executrix in which she buried her mother in foreign jurisdiction and not in the UK against the wishes of the deceased’s grandchildren. This concerned a s.116 Senior Courts Act 1981 claim and application to remove the executrix as administrator

Representation of a Claimant in a multi-track trial determining beneficial ownership of the family home following an acrimonious divorce in which there was a disputed declaration of trust

Representing and advising a client in an ongoing dispute concerning the failure on the part of the executrix to set up a Nil Rate Fund Trust in favour of the beneficiaries named in the Will of the deceased. Issues have arisen as to the application of Hastings-Bass and whether there has been ‘deliberation’ or a ‘corrupt purpose’

Advising a beneficiary on the merits of an application to remove a personal representative as well as an application for an account

Advising a daughter in TOLATA 1996 proceedings concerning a property shared with her mother.

Advising on the implications of residing in a property granted to more than one beneficiary and only one beneficiary (who is also executor) residing in the property. 

Aviation

Rachel Coyle appears on behalf of a major airline defending flight delay compensation claims under Regulation (EC) No. 261/2004.

Costs

Rachel Coyle has specialist expertise on all matters relating to costs stemming from her time working as a Costs Paralegal for numerous national insurance companies in personal injury cases. Rachel is able to undertake drafting and advisory work on all forms of funding arrangements as well as advising on costs budgeting and estimates.

 

 

Qualifications, Appointments

• LLB(Hons) (First Class) Queen Mary, University of London

• LLM (American Legal Studies), Draper Scholar, The College of William and Mary, Virginia USA (GPA 4.2, equivalent of First Class, (A)).

• Bar Professional Training Course (Manchester Metropolitan University)

• Direct Access Qualified

 

 

Publications

Webinars

•         Leasehold Extensions for the London Boroughs Legal Alliance

•         Homeless Reduction Act 2017 and Housing and Planning Act 2016 for London Boroughs Legal Alliance

•         Hoarding and Mental Health for Housing Practitioners

•         Hate Crime for Capsticks

•         Section 21 Notices - Where Are We Now?

•         Personal Contract Purchase – A Quick Guide

•         Money Laundering Regulations – Mitigating Risk

•         Homelessness Case Law Update

•         Challenging Prohibition Orders

•         Unlawful Eviction and Harassment

•         Housing and Planning Act 2016 – An overview. 

Articles

SHARED OWNERSHIP LEASES OF FLATS AND RIGHT TO MANAGE: IS IT POSSIBLE?

 

'THE BENEFIT CAP AND LONE PARENTS WITH CHILDREN UNDER TWO: CASE ANALYSIS

 

GOODBYE GRAYLING’S EMPLOYMENT TRIBUNAL FEES

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT V MOSIRA [2017] EWCA CIV 407

 

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.