Practice overview
Lina is a specialist property practitioner who is widely recognised as an excellent trial advocate and for her common sense commercial advice. She is recommended for property work in both Chambers UK and Legal 500.
Lina practises in the full range of property disputes, including commercial and residential landlord and tenant disputes, easements, restrictive covenants, adverse possession, and land registration. She has particular expertise in commercial property disputes, including development and joint venture agreements. She also acts in professional negligence claims involving property transactions.
She is regularly instructed in High Court, Upper Tribunal (Lands Chamber), FTT Property Chamber, and County Court hearings as well as a junior to leading counsel in the Supreme Court and the Court of Appeal. She also frequently represents clients at mediations and other forms of ADR.
Lina regularly writes “Did you miss”, the monthly update on recent case law in Gatehouse Chambers' property team newsletter.
In her spare time Lina enjoys hiking, diving and a Sunday roast with her family and friends in the pub.
Areas of expertise
- Property
- Commercial landlord & tenant
Commercial landlord & tenant
Lina’s practice encompasses commercial, residential and agricultural property.
Recent Work:
- Rabiu v Marlbray Ltd [2016] EWCA Civ 476; [2016] 1 W.L.R. 5147; [2016] 2 P. & C.R. DG21 (Court of Appeal), 24 May 2016; dispute concerning the enforceability of a contract for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel by joint tenants where only one proposed joint tenant participates. Lina led by Brie Stevens-Hoare KC.
- Rabiu v Marlbray Ltd [2013] EWHC 3272 (Ch) (Chancery Division), 29 October 2013; disputed concerning the enforceability of a number of contract for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel. Lina led by Brie Stevens-Hoare KC.
- Development & planning
Development & planning
Lina advises on development issues such as restrictive covenants and easements, adverse possession, trespass, TLATA claims, Party Wall Act disputes, boundary disputes, and fixtures.
- Housing (social & privately rented)
Housing (social & privately rented)
Lina handles short term tenancy disputes such as refusal to consent, breach of tenancy etc.
Recent Work:
- 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch); [2017] 1 P. & C.R. 8 (Chancery Division), 06 October 2016; dispute regarding a landlord’s unreasonable refusal to grant consent for assignments of residential leases in a prestigious development in Canary Wharf. Appeal to the Court of Appeal outstanding; Lina led by Jonathan Seitler KC.
- Leasehold & leasehold management
Leasehold & leasehold management
Lina is experienced in dealing with the issues that arise with long leases such as enfranchisement, forfeiture and breach of covenant.
Recent Work:
- East Tower Apartments Ltd v No.1 West India Quay (Residential) Ltd (Upper Tribunal (Lands Chamber)), 19 December 2016; service charge dispute relating to a landlord’s overcharge by several hundreds of thousands by double charging VAT and CCL to the lessees.
- Patel v Patel unreported Westlaw; County Court (Southend), 04 April 2016; acting for the landlord in an opposed lease renewal pursuant s 30(1)(g) of the Landlord and Tenant Act 1954 Act.
- Real property & mortgages
Real property & mortgages
Lina has experience in all types of real property cases including disputes over the creation, ownership, transfer and protection of property interests or rights over property and the impact of relationship breakdowns and death.
Recent Work:
- Pickard v Constable [2017] EWHC 2475 (Ch), (Chancery Division), 6 October 2017; possession of matrimonial home sought by Trustees in Bankruptcy against non-bankrupt spouse.
- De Le Cuona v Big Apple Marketing Ltd, (Chancery Division), unreported (on Westlaw), 12 April 2017; dispute regarding an easement to park. Lina led by John de Waal KC.
- Parr v Tiuta International Ltd [2016] EWHC 2 (QB) (Queen’s Bench Division), 12 January 2016; acting for a lender in relation to a challenge to a charging order on ground of the doctrine of merger upon judgment.
- (on the application of Aguilar Quila) v Secretary of State for the Home Department [2011] UKSC 45; [2012] 1 A.C. 621; [2011] 3 W.L.R. 836; [2012] 1 All E.R. 1011 (Supreme Court); challenge by way of judicial review.
- Commercial landlord & tenant
- Banking & finance
Banking & finance
Lina has a particular expertise in banking litigation regarding securities that are challenged on the basis of fraud or threatened by forfeiture.
Recent Work:
- Parr v Tiuta International Ltd [2016] EWHC 2 (QB) (Queen’s Bench Division), 12 January 2016; acting for a lender in relation to a challenge to a charging order on ground of the doctrine of merger upon judgment.
- Commercial dispute resolution
Commercial dispute resolution
Lina is regularly instructed on contractual disputes. She is also experienced in obtaining and resisting applications for interim injunctive relief, including freezing orders.
Recent Work:
- Pickard v Constable [2017] EWHC 2475 (Ch), (Chancery Division), 6 October 2017; Trustees in Bankruptcy claim against non-bankrupt spouse.
- 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch); [2017] 1 P. & C.R. 8 (Chancery Division), 06 October 2016; dispute regarding a landlord’s unreasonable refusal to grant consent for assignments of residential leases in a prestigious development in Canary Wharf. Appeal to the Court of Appeal outstanding; Lina led by Jonathan Seitler KC.
- Rabiu v Marlbray Ltd [2016] EWCA Civ 476; [2016] 1 W.L.R. 5147; [2016] 2 P. & C.R. DG21 (Court of Appeal), 24 May 2016; disputed concerning the enforceability of a contract for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel by joint tenants where only one proposed joint tenant participates. Lina led by Brie Stevens-Hoare KC.
- Rabiu v Marlbray Ltd [2013] EWHC 3272 (Ch) (Chancery Division), 29 October 2013; disputed concerning the enforceability of a number of contracts for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel. Lina led by Brie Stevens-Hoare KC.
Directory recommendations
Lina is recommended for Property Litigation and Real Estate Litigation by both Chambers UK and The Legal 500.
- “Lina is a fantastically confident advocate with ferocious tenacity and commitment to her clients. Lina is always very well prepared and does her very best for her clients each and every time she is instructed.” (The Legal 500 2024, Property Litigation)
- “Lina is excellent with clients and is a no-nonsense advocate and strategist.” (Chambers and Partners 2024, Real Estate Litigation)
- “Lina never ceases to surprise in how capable she is in a variety of areas.” (Chambers and Partners 2024, Real Estate Litigation)
- “Lina is absolutely brilliant, clients love her and she is easy to work with.” (Chambers and Partners 2024, Real Estate Litigation)
- “She has a tremendous love of the technical side of things and is a great advocate.” (Chambers UK, 2023)
- “Her advocacy is very thorough and engaging; you can see the judges follow her and really pay attention.” (Chambers UK, 2023)
- “She is well prepared and informed.” (Chambers UK, 2023)
- “She is extremely commercially aware and looks laterally at not just the legal issues but the practical and commercial ones as well. Lina provides detailed and focused advice and will really delve into the heart of the case. Highly approachable, she is excellent with her clients.” (The Legal 500, 2023)
- “Lina is an excellent litigator, calm under pressure and quick on her feet. She always puts the client first and the clients recognise this. Lina is always open to input which not only creates cohesive team approach to cases but makes working with her a pleasure.” (Legal 500)
- “[she is] technically excellent, commercially astute and ruthless in court” (Legal 500).
Publications
Contributor to Law Society’s publication “Risk and Negligence in Property Transactions”, Editor John de Waal KC, published in late September 2018.
Qualifications
- LLB (European Legal Studies) Hons, Lancaster University, Lancaster, First Class (2004-2008)
- Erasmus – Socrates, University of Seville, Spain, First Class with special mention (2006-2007)
- Master of Laws, London School of Economics, London, Merit (2008-2009)
- Bar Vocational Course, College of Law, London, Very Competent (2009-2010)
- 2009 Sir Thomas More Bursary
- 2008 Hardwicke Scholarship
- 2007 – 2008 F H Lawson Prize
- 2006 – 2007 Hart Publishing Prize
- 2004 – 2005 Sweet and Maxwell Law Prize