Rowena has experience of appearing on behalf of banks / finance companies and debtors in proceedings relating to the validity of credit agreements regulated by the Consumer Credit Act 1974 and non-regulated commercial credit agreements (hire purchase, asset lease agreements and credit hire agreements). In relation to credit hire agreements Rowena has experience of dealing with issues of validity (often associated with the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008), enforceability (issues of subrogation arising) and quantum (usually concerned with recoverable rates). She also has experience of dealing with the validity of personal guarantees and indemnities (in relation to commercial agreements). She has appeared in both interim applications and final hearings and has also been instructed to draft pleadings in this context. Her experience includes issues related to (but not limited to):
- Validity and enforceability of guarantees and / or indemnities
- Credit hire agreements
- Bank charges (unauthorised overdraft charges as penalty charges)
- Unfair Terms in Consumer Contracts Regulations
- Improperly executed regulated credit agreements
- Reconstituted credit agreements
- Consequences of fraudulent mortgage applications
- Credit references and data protection issues
Rowena undertook pupillage at New Square Chambers, a leading chancery and commercial chambers in Lincoln’s Inn, before returning directly to academia for a time. She was a pupil to Nicholas Le Poidevin QC, Alexander Hill-Smith and Mark Hubbard. Subsequently, whilst lecturing, she held a practising door tenancy with Harcourt Chambers in Oxford and then joined No5 Chambers upon taking up full time practice.
Seminars and Training
Rowena frequently delivers seminar / training papers on a wide range of topics to audiences of legal practitioners as well as to other professionals such as planning consultants. Recent papers delivered include topics such as localism, emerging policy and the weight to be attributed to ministerial statements, break clauses in commercial leases, agricultural and business property relief from inheritance tax, commercial leases and the landlord and tenant relationship and contentious probate (due execution of wills, capacity, undue influence, want of knowledge and approval, etc).
Academic Profile
Prior to joining No5 Chambers Rowena enjoyed an academic career. She has held lecturing posts at New College, Oxford, and the University of Buckingham. Until 2014 she continued to teach the Law of Trusts for New College every year (alongside her practice) and from 2009 to 2012 Rowena held a three year, fixed term appointment as external examiner for the University of Cambridge for their Land Economy Tripos undergraduate programme (with specific responsibility for all law and planning papers).
Rowena has published widely on various property law related topics although she does have a particular interest in the rapidly developing law on the registration of new greens. Her publications address but are not limited to topics as diverse as the law concerning the registration of new greens, issues concerning public and private rights of way, proprietary estoppel, the establishment of rights in the family home and issues arising in respect of the liability of trustees who are also directors of a corporate trust company. Rowena has been a regular contributor to the Rights of Way Law Review (an authoritative commentary on English Law relating to rights of way, new green registration and highway law, amongst other things) and one of her articles (RWLR Oct 2009) was cited with approval by Lord Hope in the Supreme Court in R (Lewis) v Redcar and Cleveland BC [2010], a decision which changed the legal test for the registration of new town and village greens.
Publications
Prescription and User As of Right: Ripe for Wholesale Reform? Modern Studies in Property Law Volume 6, Hart Publishing, 2011, Susan Bright ed, Chapter 12, p 241
New Town and Village Greens and Rights of Use, Rights of Way Law Review (RWLR), April 2011, Section 15.3, page 189
The Village Green Industry: Back in Business [2010] 69(2) Cambridge Law Journal 238
Redcar in SC: Deference is Dead Rights of Way Law Review, May 2010, Section 15.3, 161
Wild v Secretary of State Rights of Way Law Review, January 2010, Section 6.2, 27
Nec vi, nec clam, nec precario: The only criteria for a prescriptive claim? [2009] 73 Conveyancer and Property Lawyer, 505
Deference and User As of Right: An Unholy Alliance Rights of Way Law Review, October 2009, Section 15.3, 147
Pick a Number (2009) New Law Journal 1281
‘Dog-leg’ claims kicked into touch: beneficiaries exposed? [2009] Denning Law Journal 119
A setback for the village green industry? [2009] 68(2) Cambridge Law Journal 281
A Family Affair (2009) New Law Journal 588
Smith v Muller Rights of Way Law Review, February 2009, Section 14.2, 85
Show Me The Money (2009) New Law Journal 144
The Winchester Case Rights of Way Law Review, February 2008, Section 7.1, 33
New Town and Village Greens Rights of Way Law Review, October 2007, Section 15.3, 123
New Town and Village Greens: Back From the Brink [2006] 70 Conveyancer and Property Lawyer 584
New Town and Village Greens: A Thing of the Past? [2006] 70 Conveyancer and Property Lawyer 265
A New Dawn for Town and Village Greens? Rights of Way Law Review, February 2006, Section 15.3, 91
Secret Trusts: Do They Have a Future? [2003] 67 Conveyancer and Property Lawyer 203
Memberships
Lincoln’s Inn (Lord Denning, Hardwicke and Shelford Scholar and Buchanan Prize Winner)
Denning Society (society of scholars of Lincoln’s Inn)
Property Bar Association
Society of Legal Scholars
Planning and Environment Bar Association
Qualifications
- LLB (Hons) (First Class)
- BCL (Oxon)
- BVC (graded ‘Outstanding’)
- Licensed for direct access
- Awarded a ‘Lord Denning Scholarship’, a ‘Hardwicke Scholarship’ and a ‘Shelford Scholarship’ by Lincoln’s Inn
- Awarded a ‘Buchanan Prize’ by Lincoln’s Inn for ‘outstanding’ BVC performance
- Awarded the ‘Clifford Chance Prize’ for best performance in Civil Procedure in the 2003 BCL examinations
- Awarded the ‘Barnett Bequest’ by Merton College, Oxford, to study for the BCL
- Awarded ‘Linnels Pize’ for best graduating undergraduate law student in her year
