About Rowan

Overview

Regarded as the go-to junior for ToLATA litigation, Rowan has delivered seminars and written articles on recent developments in the field. She works collaboratively with instructing solicitors and has gained significant experience in representing litigants in person. She is a member of the Chancery Bar Association, and the Property Bar Association, and is about to embark on the 5-day Bar Council mediation training.

Known for her approachable nature and strong client care skills, Rowan has a unique ability to break down complex legal arguments and distil the essential factual elements during witness cross examination to strengthen her client’s position. Her advice and drafting are not only precise and meticulously researched but also commercially practical. Rowan is adept at managing tight deadlines and is always available to respond  to urgent instructions.

Property and Construction

• Rowan has a diverse property practice that incorporates ToLATA, proprietary estoppel, easements and covenants, rights of way, adverse possession and construction.
• Notable case 1: An 11-day ToLATA, breach of trust and account trial that involved the breakdown of the relationship between brother and sister co-owners of a £2.4m London property that had been illegally rented out by one of the beneficial owners.
• Rental income and renovation works over 6 years turned into a hugely complex accounting process, the second largest in Judge Lightman’s history of some 25 years sitting at Central London on accounts cases.
• The matter went to appeal, where Rowan successfully opposed a complex legal argument relating to the status of the proceeds of crime element of the account.
• Notable case 2: A 5 day trial before HHJ Simpkiss, consolidated with mortgagee possession proceedings, whereby C was the sole mortgagor, ousted during construction works that remained unfinished.
• Vast scott schedules for the construction works required complex data sorting.
• C did not oppose the mortgage possession, but remained contractually liable for the bank’s litigation costs as a result of D unsuccessfully pursuing an undue influence allegation against C, associated with her signing of the mortgage consent deed.
• Complex occupation rent dispute where property was not lettable. Counterclaims by D for breach of trust for misappropriation of mortgage funds, and an equitable account for expenditure incurred during the relationship.

Probate

• Rowan’s growing probate practice often overlaps with her property work, arguments of common intention constructive trust and proprietary estoppel on behalf of the estate or equitable beneficiaries.
• Notable case 1: Part 8 claim by a father for a declaration of sole beneficial ownership against his daughter in circumstances where he had bought the in 2005, but his daughter had lived there for 15 years, on the understanding she was the 100% beneficiary. She issued a probate counterclaim 8 years after limitation on a potential claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 against her late mother’s estate.
• Notable case 2: An original will seemingly stored at solicitors offices, the solicitor had since merged with another firm and denied having ever held the original will. The dispute involves a presumption in favour of the revocation of the will and an application to propound in favour of the copy of the will. The case bears striking similarities to Blyth v Sykes [2019] EWHC 54 (Ch).
• Notable case 3: A mother of two adult children made claim pursuant to the 1975 Act in respect of her late husband’s estate, he had cut her out of the will during a divorce that had not reached conclusion before he died. As such she was left with no remedy other than against her two children, the beneficiaries of the estate.
• Rowan is familiar with advising and drafting Beddoe orders, to ensure executors have indemnity for costs from the estate before issuing or defending litigation.

Employment

• Rowan has a particular interest in discrimination and whistleblowing, and has acted in cases for and against both multi-national private and public companies including organisations such as the NHS and Ministry of Justice.
• Notable case: complex disability discrimination claim on behalf of an adult employee whose disciplinary conduct arose as a consequence of his disability. A major British multinational retail employer failed to safeguard him and the co-employee involved and refused to consider the causal connection between the behaviour and the disability despite an imminent occupational health report advising on that very issue. The dispute includes a complex personal injury claim for the resulting mental health breakdown of the Claimant.
• Handling of the case not only required complex legal argument, but care and compassion with witnesses and the claimant himself.
• The Legal 500 featured Rowan as one of the leading Juniors in the South East Employment section for three years prior to her entry into the Property and Construction section.

https://guildfordchambers.com/news/trusts-of-land-and-appointment-of-trustees-act-1996-tolata-series-part-3-the-importance-of-the-common-intention-and-how-to-prove-it/

https://guildfordchambers.com/news/beddoe-or-not-beddoe-a-family-tragedy-and-the-personal-liability-of-the-executor/

https://guildfordchambers.com/news/trusts-of-land-and-appointment-of-trustees-act-1996-tolata-series/

Rowan accepts Direct Access instructions.

VAT Number 869909647