Rowena has a busy court practice and appears regularly in the County Court and the High Court. She has also appeared in the Tax Tribunal (first tier) and the Probate Registry. She frequently represents clients at directions hearings, CMCs, CCMCs, applications for strike out and summary judgment, applications to set aside judgment and injunction applications (including ex parte applications). She is frequently instructed in fast track and multi track trials. Rowena has appeared in applications for permission to appeal and substantive appeal hearings. Rowena also has experience of providing representation in mediation.
In addition to court work Rowena has a very busy paper practice and she is regularly instructed to advise and draft pleadings. Also, Rowena is often instructed to advise in conference both on the merits of a potential claim and the tactical options available in the ongoing management of litigation.
Rowena’s relevant experience includes issues associated with (but is not limited to):
- Constructive and resulting trusts of real and personal property (including TOLATA claims)
- Proprietary estoppel
- Pallant v Morgan equity
- Construction of trusts and wills
- Breach of trust
- Inheritance (Provision for Family and Dependants) Act 1975
- Testator’s capacity
- Undue influence
- Issues concerning IHT
- Beddoe applications
- Removal of executors / administrators for breach of duty
- Actions for an account of a deceased’s estate
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).
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 , a decision which changed the legal test for the registration of new town and village greens.
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  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?  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?  Denning Law Journal 119
A setback for the village green industry?  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  70 Conveyancer and Property Lawyer 584
New Town and Village Greens: A Thing of the Past?  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?  67 Conveyancer and Property Lawyer 203
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
LLB (Hons) (First Class)
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