Priya Gopal

Areas of expertise

• Property
  • Housing (social & privately rented)

    Housing (social & privately rented)

    Priya is a specialist in all aspects of residential landlord and tenant disputes, including claims for: possession, disrepair, tenancy deposits and forfeiture.

    Her regular client base includes private landlords, housing associations, local authorities, banks, bridging loan providers and other lenders.

    Recent work

    • Securing possession in a claim defended on the ground that the landlord had not complied with the section 21 notice preconditions.
    • Successfully resisting an appeal in a possession claim concerning members of the traveller community: Smith & Ors v Baker [2022] EWHC 2592 (KB). Priya has recently secured a committal for breach of an injunction in related proceedings.
    • Representing a landlord in a disrepair claim where the damages claimed by the tenant were in the region of £50,000. Priya succeeded in having the claim struck out.
    • Representing the landlord in a 2-day trial involving unpaid repair works, breach of quiet enjoyment and complex arguments surrounding negligent misrepresentation.
    • Representing a landlord in a possession claim which also involved allegations of disrepair, the validity of the section 8 notice and protection of the tenancy deposit.
    • Advising a landlord on whether he could obtain an injunction requiring a tenant to vacate the property in order to carry out repair works.
  • Real property & mortgages

    Real property & mortgages

    Priya has extensive experience of real property and mortgage disputes.

    In particular, she frequently acts in complex mortgage claims, involving difficult questions on whether a mortgage is regulated as well as issues arising under the Financial Services and Markets Act 2000.

    Priya is experienced in disputes involving easements and restrictive covenants, the subject matter of her publication ‘A Practical Guide to Easements, Restrictive Covenants and Rights of Way’ (2023, Law Brief Publishing).

    She also regularly acts in claims involving rectification of the register of title as well as adverse possession.

    Recent work

    • Representing a landowner in a claim for trespass in respect of an easement. Priya resisted the Defendant’s application for summary judgment and strike out of the claim. She also secured a substantial costs award.
    • Advising on whether an insured had a proprietary interest in premises damaged by a fire. The claim is worth £15m.
    • Representing landowners in a claim for rectification, involving serious allegations of forgery.
    • Acting in a claim for a vesting order after the freehold company was dissolved.
    • Succeeding at trial in an adverse possession claim, where the possession relied upon was prior to the Land Registration Act 2002: Osborne v Murphy [2023] UKFTT 00556 (PC)
    • Successfully resisting an application for rectification of the title register on the grounds of mistake following trial.
    • Acting in a 3-day trial in a claim for a common intention constructive trust.
    • Advising on the liability of a vendor for misrepresentation in a Property Information Form.
    • Advising on whether a Contract for Sale could be rescinded based on misrepresentation.
    • Securing an injunction for breach of freehold covenants within a building scheme.
  • Leasehold & leasehold management

    Leasehold & leasehold management

    Priya is regularly instructed in a wide variety of leasehold matters, including improper management, service charge disputes and forfeiture.

    Recent work

    • • Representing a landlord in a claim by a tenant for set aside of a possession order after the possession order had been executed.
      • Acting for a local authority in a commercial forfeiture claim involving unlawful subletting.
      • Representing a Management Company in a claim against leaseholders for breach of covenant and nuisance.
      • Representing a group of residents in a claim involving breach of a restrictive covenant through advertising property on Air BnB.
      • Advising on the prospects of obtaining an injunction and damages under the Protection from Harassment Act 1997.
      • Representing the landlord in an appeal in the context of a disrepair claim, where a defence was raised under the Equality Act 2010.
      • Advising on whether a landlord could obtain an injunction for breach of the structural alterations clause in a Lease.
  • Commercial landlord & tenant

    Commercial landlord & tenant

    Priya acts for both landlords and tenants across the full spectrum of commercial property disputes, including forfeiture, lease renewals, dilapidations and service charges.

    Recent work

    • Representing a leaseholder in a claim by its landlord for trespass and use of space in a commercial business park. Priya substantially reduced her client’s liability on various grounds, including procedural defects with the claim.
    • Acting as junior counsel to Jamal Demachkie in Man Limited v Back Inn Time Diner Limited [2023] EWHC 363 (Ch) which concerned (inter alia) the proper application of the intention to redevelop ground under section 30(1)(f), Landlord and Tenant Act 1954.
    • Representing the landlord in a lease renewal under the Landlord and Tenant Act 1954 where the parties’ experts differed substantially on the valuation of rent. The matter settled in the landlord’s favour shortly before trial.
    • Advising a former leaseholder of a hotel in respect of the likely sum payable by way of dilapidations.
    • Forfeiture proceedings against the tenant of a public house for breach of covenant, including substantial rent arrears.
    • Whether a landlord had complied with the formalities to contract out of the Landlord and Tenant Act 1954.
  • Trusts of land

    Trusts of land

    Priya is experienced in disputes arising under section 14, TOLATA 1996 as well as other co-ownership disputes, including constructive trusts of the family home and proprietary estoppel.

    Recent work

    • Acting on behalf of the trustees of a pension plan scheme. Priya succeeded in securing an order for sale in relation to the investment property.
    • Advising on the prospects of obtaining an Order for Sale in relation to co-owned commercial property where the trustees were in a deadlock.
    • Representing creditors in their applications for an Order for Sale in respect of co-owned property.
    • Obtaining an Order for sale in respect of property which the Applicant jointly owned with her brother. Priya was also able to recover a substantial amount of the Applicant’s costs.
    • Drafting Particulars of Claim in respect of a claim to secure a beneficial interest in a family home pursuant to a common intention constructive trust and proprietary estoppel.
  • Electronic Communications Code

    Electronic Communications Code

    Priya has extensive experience of the Electronic Communications Code and advises on all aspects of the Code.

    Recent work

    • Advising on whether an agreement was a “subsisting” Code Agreement.
    • Advising on whether termination of a lease was governed by the Landlord and Tenant Act 1954 or the New Code.
    • Resisting a claim for a new Code Agreement and seeking termination under the redevelopment ground at paragraph 31(4)(c) of the New Code.
    • Advising a landowner on the transitional provisions under Schedule 2 of the Digital Economy Act 2017.
    • Advising on the procedure for renewal of a code agreement.
    • Advised a landowner on the options for termination of a licence agreement under the Electronic Communications Code (advice produced jointly with Andy Creer of Landmark Chambers).
    • Advising on consideration and valuation under the Electronic Communications Code.
• Commercial dispute resolution
  • Commercial litigation

    Commercial litigation

    Priya specialises in all aspects of commercial litigation, appearing in both the County Court and High Court.

    Recent work

    • Acting as junior counsel to David Lewis KC and Rajiv Bhatt in a claim for fraudulent misrepresentation, negligent misrepresentation, breach of contract and unjust enrichment concerning the development of LIDAR technology used to measure the speed and direction of air particles around commercial wind turbines.
    • Acting as junior counsel to Nigel Jones KC and Emily Betts in a multi-million-pound claim involving, breach of warranty, fraudulent misrepresentation and negligence.
    • Assisting Nigel Jones KC and Laurence Page in an application for payment out of sums in court to allow for the payment of legal fees: Skatteforvaltningen (Danish Customs and Tax Administration) v Solo Capital Partners LLP (In Special Administration) [2020] EWHC 2161.
    • Assisting Nigel Jones KC and Sri Carmichael in a multi-million-pound investment fraud claim which also raised questions of breach of confidence.
    • Assisting David Lewis KC in advising on liability for making misleading statements, dishonest omission and dishonesty delay under the Financial Services and Markets Act 2000.
    • Defending a claim for unpaid letting fees on the basis that it amounted to an unfair term under the Consumer Rights Act 2015.

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    Further, as Judicial Assistant to Lord Justice Hamblen, Priya was involved in numerous high-profile commercial cases, including Global Asset Capital Inc v Aabar Block Sarl [2017] EWCA Civ 37 and PJSC Tatneft v Bogolyubov [2017] EWCA Civ 1581.

  • Banking & finance

    Banking & finance

    Priya specialises in banking and financial services work. She is regularly instructed by banks and bridging loan providers based on her expertise in this area.

    Recent work

    • Acting for a lender in a possession claim, which is defended on the grounds of undue influence.
    • Successfully defending her client bank in an application for rectification of the title register.
    • Representing a lender who sought to rely on the second charge business loan and investment property loan exemptions under The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 2001/544.
    • Acting for a lender where the mortgage deed has been challenged as being defective.
    • Advising on a claim against receivers where there was an allegation of sale at an undervalue.
    • Successfully defending a well-known cryptocurrency exchange platform in a claim concerning repayment of losses incurred following purchase of cryptocurrency. Priya was able to have the case against her client struck out in its entirety.
    • Advising on whether a default interest provision in a loan agreement was a penalty clause.
    • Successfully represented the lenders in a claim alleging an unfair relationship under section 140A, Consumer Credit Act 1974.
  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    Priya has extensive experience in advising on disputes within the corporate context, including breach of directors’ duties under the Companies Act 2006.

    Priya also has experience acting in matters where her property and corporate law specialisms overlap.

    Recent work

    • Representing a property owner in a trial involving a dispute with a management company. The case raised complex questions of breach of directors’ duties and company management. Priya played an instrumental role in obtaining a favourable settlement for her client on the day of the trial.
    • Advising on whether former company property vested bona vacantia in the Crown following dissolution.
    • Assisting Sarah McCann in advising on the circumstances in which the knowledge of directors can be attributed to a company.
    • Advising on the liability of non-executive directors for breach of directors’ duties.
    • Advising a property owner in relation to a derivative claim against a management company.
    • Drafting a defence against an allegation that the corporate veil should be pierced.
    • Advising on whether proceedings can be brought against a company in insolvent liquidation.
• Professional liability
  • Property & construction professionals

    Property & construction professionals

    Priya is regularly instructed to advise on the liability of property and construction professionals. She is particularly well-placed to advise in these areas given her extensive experience with property disputes.

    Recent work

    • Advising a property owner on whether her surveyor was liable in negligence for various deficiencies and omissions in a Home Survey Report, including a failure to sufficiently identify the risk of property damage.
    • Advising on whether an architect was liable in negligence in respect of their handling of a Community Infrastructure Levy exemption.
    • Advising on the liability of a surveyor arising from a failure to identify asbestos in a RICS HomeBuyer Report.
    • Advising on a claim against an estate agent for failure to carry out due diligence on a prospective purchaser.
    • Assisting James Hall with a case concerning an architect’s liability for the negligent design and construction of a barn.
    • Advising on whether an architect had assumed responsibility for tasks undertaken that were beyond the scope of their retainer.

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    As a Judicial Assistant, Priya was involved in the seminal case of Burgess v Lejonvarn [2017] EWCA Civ 254, which is a leading authority on whether an architect who had provided gratuitous professional services was under a duty to exercise reasonable care and skill for any work she had assumed responsibility for.

  • Legal professionals

    Legal professionals

    Priya has acted in a wide range of professional negligence disputes involving allegations against solicitors, barristers and other legal professionals.

    Recent work

    • Representing a solicitor in a £2m claim for negligence and breach of fiduciary duty arising out of a property development.
    • Advising on whether a conveyancing solicitor was liable in negligence for failing to advise vendors on how to complete a property information form.
    • Representing solicitors in a claim against a barrister for negligence arising out of advice and conduct in costs proceedings.
    • Representing conveyancing solicitors at trial based on the failure to provide advice in relation to a septic tank during the purchase of a property. The case raised difficult questions of causation and the measure of loss.
    • Representing solicitors at trial in a professional negligence claim arising out of their management of litigation in a boundary dispute, including an allegation of failure to follow instructions. The claim against the solicitors was dismissed in its entirety.
    • Advising on a claim against a solicitor for failing to report the Grade II listed status of a property.
    • A loss of chance claim arising from a failure to register an interest as a restriction on the property register.
    • Advising a solicitor on potential negligence arising out of a failure to safeguard their client’s position in respect of a Community Infrastructure Levy in a conveyancing transaction.
    • Advising on the merits of a claim against a solicitor for a failure to bring a timely action in respect of a lapsed life insurance policy.
    • Advising on the prospects of a claim against a solicitor for registering proprietors of a property as joint tenants as opposed to tenants in common.
    • Advising a solicitor on liability for failing to properly advise in respect of a restrictive covenant and planning permission in connection with the purchase of a property.
  • Financial professionals, insolvency professionals, directors & officers

    Financial professionals, insolvency professionals, directors & officers

    Priya has experience with professional claims against a variety of professionals, including accountants and insurance companies.

    Recent work

    • Representing an accountant in a negligence claim brought by a former client for failure to advise in relation to capital gains tax and bankruptcy.
    • Advising a policyholder on a negligence claim against her insurance company following mismanagement of a claim.
    • Advising on a claim against receivers for negligence.
• Costs and litigation funding

  Costs and litigation funding

  Priya is a specialist in all aspects of costs litigation, including: solicitor-client disputes, inter-partes disputes and Part 36 offers.

  Priya is an experienced court advocate, who regularly appears in the High Court, both as sole counsel and junior counsel. She was involved in TRX v Southampton Football Club Ltd [2022] EWHC 3392 (KB), a seminal decision on the factors a costs judge can consider when determining the appropriate costs order in respect of a detailed assessment.

  Priya also appeared in Ingram v Singh, both in the High Court ([2023] EWHC 3488 (KB)) and the Court of Appeal ([2025] EWCA Civ 264).

  Priya is regularly instructed in approval hearings for a shortfall deduction from damages in complex catastrophic injuries claims.

  She is also frequently instructed in claims for unpaid solicitors’ fees (both by solicitors and former clients).

  Recent work

  • Ingram v Singh [2025] EWCA Civ 264 (as junior counsel to Robin Dunne). The case concerned whether a solicitor and client had entered into a retrospective conditional fee agreement. Priya also appeared in the High Court appeal with Robin Dunne, reported at [2023] EWHC 3488 (KB).
  • Turner v Coupland: Acting as sole counsel in a High Court appeal concerning a solicitor’s obligation to disclose information about secret commissions.
  • Representing the receiving party in an application to set aside a default costs certificate.
  • Junior counsel to Robin Dunne in the matter of TRX v Southampton Football Club Ltd [2022] EWHC 3392 (KB): https://caselaw.nationalarchives.gov.uk/ewhc/kb/2022/3392. This High Court appeal concerned whether: (a) there was a private retainer in place covering the pre-CFA period; (b) the effective date of a CFA; and (c) the scope of a judge’s discretion under CPR r47.20.
  • Successfully recovered (with Thomas Bell) substantial sums in a detailed assessment in the SCCO which raised issues including: hindsight and the relevance of costs budgets in circumstances where there was no costs management order made.
  • Represented the receiving party in a detailed assessment in the SCCO where Priya successfully obtained an order debarring the paying party from making further submissions.
  • Acting in a claim for a charging order under section 73, Solicitors Act 1974.
  • Advising on whether a solicitor/client retainer was frustrated due to a lack of capacity
  • Representing solicitors in a claim against a barrister for negligence arising out of advice and conduct in costs proceedings.
  • Acting in a detailed assessment in the SCCO where Priya persuaded the court that an electronic bill was not required for a case issued under CPR Part 55.
  • Obtaining approval for a deduction of a 100% success fee and ATE insurance premium from a damages award.
  • Advising on interim statute bills.
  • Advising on whether litigation costs were recoverable under a lease and, specifically, the interplay between the fixed costs regime and contractual costs.