Lydia Majdalany

Called: 2014

Inn: Gray’s Inn

 

Qualified for Direct Access

Email: lmajdalany@1ec.co.uk

 

Summary

 

Lydia joined 1 Essex Court in January 2018 on successful completion of her third six pupillage. Lydia accepts instructions in all areas of Chambers work and is developing an extensive Commercial and Chancery Practice.

 

She has been instructed as Independent Counsel to undertake extensive reviews of privileged material in complex fraud investigations. 

 

Lydia is regularly instructed in a wide range of matters including contractual disputes, banking and finance, landlord and tenant, property and insolvency.

Associations

Chancery Bar Association

The Honourable Society of Gray’s Inn

London Common Law & Commercial Bar Association

2010 - present

2010 - present

Practice Areas

 

 

Property and Housing

 

Lydia appears regularly on behalf of landlords and tenants, in the private and social sector, in possession claims relating to rent arrears, mortgage arrears, dilapidation, anti-social behaviour, succession and loss of security of tenure.

 

She is also experienced with:

  • Disrepair and claims relating to housing conditions including prosecutions under the Environmental Health Act 1990.

 

  • Injunctions, Party Wall matters, cavity wall disputes, deposit claims pursuant to the Housing Act 2004 as amended by the Deregulation Act 2015.

 

  • Equality Act 2010 defences including public law and human rights “proportionality” defences to possession claims.

 

  • Claims for forfeiture and applications for relief and leasehold disputes involving claims for unpaid service charges and disrepair.

  • Advised and represented client in boundary dispute between two neighbouring properties.

 

  • Advised, drafted pleadings and represented client in an easement dispute - obtained injunction restraining trespass, entry into a defined perimeter and communication with specific individuals.

 

  • Successfully obtained injunctive relief in unlawful eviction proceedings.

 

  • Charging Orders.

 

  • Successfully opposed an application to strike out a claim alleging breach of a repairing covenant and substantial disrepair.

 

  • Advised a neighbouring landowner in a claim brought by a golf club in relation to a nuisance based upon straying golf balls.


 

Commercial and Insolvency

Lydia has experience in commercial and insolvency matters, including:

 

  • Winding-up petitions in the Companies Court, acting for both petitioning creditors and companies.

 

  • Lydia appeared before the Chancery division in the High Court in an urgent application; argued that a clause in an agreement pertaining to the purchase of property from a Trustee in Bankruptcy, may constitute a penalty and be unenforceable.

  • Validation orders pursuant to s.127 Insolvency Act 1986.

  • Agency law with a focus on the Recruitment Industry and Estate Agents. 

 

  • Unfair terms in consumer contracts.

  • Advising on and appearing in contested winding-up and bankruptcy petitions.

  • Represented the Defendant in a wrongful dismissal claim involving breach of contract, misrepresentation and Estate Agents commission - obtained successful settlement for the client.

 

  • Received last minute instructions to attend the High Court in which the Applicant sought injunctive relief to restrain Receivers from selling a portfolio of properties at an undervalue.

 

  • Successfully resisted an application for permission to appeal in respect of a possession order on grounds that the order was incompatible with Human Rights and whether the licence constituted an AST.

 

  • Prepared cross-examination on the Defendant’s asset disclosure in respect of a Freezing Injunction. 

 

  • Successfully opposed application to set side statutory demand advanced on grounds of duress, service of the demand, contractual interpretation/ validity of underlying loan agreement

 

  • Successfully resisted an appeal concerning the courts jurisdiction to suspend warrant subsequent to a mandatory possession order (schedule 2 HA 1988) - MR(PT)A 2010, s 29 TOLATA, s 36 AJA considered.

 

  • Applications to extend time to register charges at Companies House.

 

  • Advised and represented client in contested disposal hearing - Property dispute between cohabitees raising issue of undue influence.

 

  • Successfully defended a company director against a claim alleging misfeasance and/or breach of duty pursuant to section 212 of the Insolvency Act 1986 and ss 171 – 77 of the Companies Act 2006.

 

  • Regularly instructed by banks and financial institutions in PPI claims, undisclosed commission cases, early neutral evaluation hearings.

 

  • Advisory work on behalf of borrowers in respect of potential claims involving undisclosed commission and breach of fiduciary duties.

 

  • Unfair relationships under the Consumer Credit Act 1974.

 

 

General Civil Litigation

Lydia is instructed in general civil litigation, with frequent attendance in Small claims and Fast Track trials.

 

She is familiar with:

 

  • Consumer credit disputes including debt and asset recovery, assignment of debt and unfair relationships.

  • General enforcement proceedings, small claims and fast track trials involving contractual disputes. 

  • Interim applications including summary judgment, applications to strike out and relief from sanctions.

 

  • Successfully represented a contractor in respect of unpaid fees concerning breach of contract in construction dispute.

Personal injury claims involving liability and quantum.

Feedback

''The client was extremely impressed with her. He reported that she was a clear, reasoned and effective advocate, who he would definitely use again should the need so arise. The Defendant was a particularly belligerent individual, but I am told that Lydia cut him down to size. 

 

She is an asset to your Chambers. I will definitely instruct her in the future. 

 

As always, thank you for providing me with strong Counsel.''

 

Glanvilles Solicitors. 

Skills & Interest

Theatre

Cooking

Sport

 

Education

 

BPTC- City University

 

LLB Law (2:1) - Westminster University

 

Privacy Policy

 

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