Rowena Meager is an experienced practitioner who specialises in the fields of Business & Property, Inheritance and Planning law.
Rowena practices the following areas:
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):
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.
Rowena has a busy court and paper practice and she appears regularly in the County Court and High Court in procedural hearings (CCMC’s, PTR’s, etc), contested applications, multi-track trials and appeals. Her experience includes disputes concerning professional negligence, mistake, misrepresentation, breach of contract, breach of fiduciary duty and construction of commercial agreements.
Rowena has experience of both company and partnership disputes having advised, drafted court documents and appeared in cases in the County Court and High Court concerning minority shareholder actions, derivative action against a foreign registered company, winding up of companies, dissolution of partnerships, partnership accounts, disqualification of directors and recovery of assets.
Rowena has a busy advisory and court practice and she appears regularly in the County Court and High Court in procedural hearings (CCMC’s, PTR’s etc), contested applications, final hearings and appeals. Rowena has experience in both corporate and personal insolvency including winding up petitions, bankruptcy proceedings, setting aside of statutory demands, recovery of property and the establishment of third party interests in property belonging to a debtor.
Rowena has a busy court / tribunal practice appearing regularly in the High Court and County Court in procedural hearings (CCMC’s, PTR’s, etc) as well as contested applications and multi-track trials. In addition, she regularly appears in the First Tier Tribunal, Property Chamber. Rowena also has a busy paper practice undertaking advisory work and drafting statements of case and other court / tribunal documents.
Rowena’s real property experience is broad and has a significant focus on boundary disputes, adverse possession, rights of way (public and private) and restrictive covenants. She does, however, regularly advise and represent clients in disputes concerning trusts of property (including TOLATA claims), Pallant v Morgan equities, proprietary estoppel, residential and commercial leases, service charges, forfeiture, dilapidations, nuisance, trespass, possession, contracts for the sale of land, procuring transfers by undue influence, rectification and other property related disputes.
Rowena also has a particular specialism in non-domestic rating liability and regularly advises and represents both ratepayers and rating authorities in the Magistrates’ Court and on appeal to the High Court by way of case stated / Judicial Review
Rowena has a busy court and advisory practice dealing with a range of issues including, but not limited to, applications for reasonable financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, contested probate claims (undue influence, capacity, etc), breach of trust, construction of trusts and wills, removal of personal representatives and actions for an account.
Rowena regularly appears in the County Court and High Court in procedural hearings, contested applications, multi-track trials and appeals. She has recently appeared in the Court of Appeal in the significant, reported case of Jennison v Jennison [2022] EWCA Civ 1682; [2023] 2 WLR 1017, where she successfully resisted a second appeal (having represented the Claimant successfully both at trial and on the first appeal) challenging the standing of a foreign executor to issue proceedings in England without first obtaining a grant of probate or resealed grant. Permission to appeal to the Supreme Court has been refused.
Rowena’s practice under the ‘planning and environment umbrella’ is largely concerned with new town and village green applications under the Commons Act 2006, highway related work, particularly the creation, modification and extinguishment of public rights of way (sometimes in the planning context where diversion / extinguishment is necessary to facilitate development), and issues arising out of the interplay between planning law and real property / commercial law such as the effect of restrictive freehold covenants relating to property and the interpretation of agreements relating to land in a planning context such as section 106 agreements or overage agreements.
Rowena has a wealth of inquiry experience, sitting as Inspector in the context of new town and village greens as well as appearing for the parties, and appearing for the parties in rights of way work. She also has a very busy advisory practice and she is happy to advise in writing or in conference.
Recent Inquiry experience, as well as approximately 16 appointments as Inspector by commons registration authorities, includes acting for landowners / developers in village green applications, advising commons registration authorities in respect of village green applications, acting for developers in the context of footpath diversion orders and extinguishment orders, and for landowners in response to applications for DMMOs to record new public rights of way.
Uncategorised
Jennison v Jennison [2022] EWCA Civ 1682 Lord Justice Newey, delivering the judgment of the Court of Appeal, has confirmed that a foreign executor suing…
Uncategorised
The Planning Podcast turns to look at the practical effect of town and village green registration through the case of TW Logistics. Where a long…
Uncategorised
Jennison v Jennison [2022] EWCA Civ 1682 Lord Justice Newey, delivering the judgment of the Court of Appeal, has confirmed that a foreign executor suing…
Uncategorised
The Planning Podcast turns to look at the practical effect of town and village green registration through the case of TW Logistics. Where a long…
