Tina Kumar-Jacob

Membership Status: Barrister - Full Member

General Information

Tina has extensive advocacy experience and has appeared as sole counsel in the Court of Appeal (recent case of Khandanpour v Chambers [2019] EWCA Civ 570), High Court and County Court. She has also appeared in the First-tier Tribunal (Property Chamber) in both the Residential Property and Land Registration divisions.

Her practice has always been in civil litigation, with a current emphasis on property and landlord and tenant (both residential and commercial). In addition, Tina continues to be instructed on partnership, company law, contract, costs and defamation matters.

A qualified, accredited mediator in civil and commercial matters, Tina is an Associate Member of the Chartered Institute of Arbitrators (CIArb). She accepts instructions on a Direct Access basis.

Areas of law

Real Property & Mortgages
Landlord & Tenant Disputes
Company Law
Contract Law
Defamation Law
Costs
Mediation & ADR

Real Property & Mortgages

Tina is regularly instructed on various types of real property cases, including:

Trusts of land and co-ownership
Alteration and rectification of the Land Register
Restrictive covenants and easements
Boundary disputes
Adverse possession
Mortgage possession matters instructed on behalf of banks, private lenders/borrowers and receivers

Landlord & Tenant (Residential & Commercial)

Tina is regularly instructed to advise and appear in court and/or the First-tier Tribunal (Property Chamber) (FTT) on the following matters:

All aspects of residential claims ranging from possession, disrepair, tenancy deposits
Advising on lease renewals and enfranchisement
Possession claims against trespassers (private and LPA Receivers)
Orders for Sale (including applications under TOLATA and pursuant to charging orders)
Commercial leases relating to all contractual issues, break clauses, renewal of business tenancies, forfeiture
Service charge-related claims and Right to Manage applications
Applications under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA)

Recent examples of work:

1 day fast-track trial representing the successful claimant claiming damages for negligence/nuisance following disrepair to neighbouring property
Advising, drafting and representing successful claimant at court on an application pursuant to s.49(1) LRHUDA
Advising and drafting in relation to an application to the FTT by a Company to exercise the Right to Manage under section 84(3) of the Commonhold and Leasehold Reform Act 2002
Advising and drafting on a s.25 Landlord and Tenant Act 1954 application not to renew lease by London Underground in relation to business premises at South Kensington Station
Regularly appearing at the FTT on service charges-related matters

Company Law & Contractual Matters

Tina continues to be instructed on various matters relating to company law and contractual matters. Recent examples of her work include:

Advising, drafting and representing the defendant company in relation to damages following a breach of duty and an application pursuant to the Companies Act 2006 for permission to continue a derivatives claim
Advising, drafting and representing 8 defendant companies in a matter relating to breach of duties under the Companies Act 2006, contact/shareholder agreements, fiduciary duty and with remedies being sought as to injunctive, specific performance and equitable compensation

Defamation Law

Tina has been instructed on various matters, including successfully representing clients in High Court trials.

Costs

Tina has been instructed on various types of interim applications relating to costs issues in the county court. She is also instructed on Detailed Assessments both in county courts and the Senior Court Costs Office (SCCO). She has been instructed by the NHS Litigation Authority (NHSLA) on all such costs matters.

Mediation & ADR

A member of the Civil Mediation Council, Tina regularly accepts instructions on civil and commercial mediations in the capacity of a barrister and also as a mediator. She is a faculty member with the London School of Mediation and tutors on the courses. She has recently tutored at the Special Tribunal for Lebanon at The Hague and sat as a judge at the UK Student Mediation Competition 2019 in Bristol.

Her experience in arbitration extends to acting for the Forestry Commission in relation to farm/woodland grant schemes in relation to an arbitration clause within the contract.

Memberships

Property Bar Association (PBA)
Civil Mediation Council (CMC)
Advocate
RCJ Advice Bureau for Court of Appeal cases (COAS)

Education

International Human Rights Law (short course), University of Oxford (2014)
LL.M (Merit), Queen Mary, University of London (2006)
Bar Vocational Course (2002)
LL.B (Hons), London (2001)

Feedback

“I had the luck to have Tina Kumar, represent my Company as our Barrister, at a recent court case. Her professional manner in dealing with our claim, I think was one of the reasons that we won.. I would recommend her, to anyone looking for a quality Barrister.”

Robert Falconer Managing Director, W.E. Deane Ltd

“I’m terribly impressed with both your approach and your work…You’ve take this on last minute, never phased by lateness, nor two instructing sols, nor the opposition, with utter calm…your work last night and today have made a very real difference to our client’s life… but, really, very well done.”

Daniel Stevens Amicus Law, Commercial

“I had cause to instruct another barrister of yours this week (Tina Kumar) and I have to say I found the process excellent.”

Mark Rothman Leonard Gray LLP

Publications

Real Property & Mortgages

Notable cases and recent examples:

Speedkarting Limited v Beddall & Lloyd, Court of Appeal, (Appeal ref A3/2014/2912) (unreported): Acting for the Appellant in successfully appealing against a decision relating to rights of way on a trading estate by way of a roadway. Issues relating to the interpretation of the previous transfer of covenants on the land.
The Queen, on the application of Mrs Wiseman v Secretary of State for Environment, Food and Rural Affairs, Court of Appeal, (Appeal ref C1/2016/0655) (unreported): The Application for permission to appeal a decision to refuse permission to claim for judicial review on the basis of inter-alia procedural irregularity. Issues as to Appellant losing the privacy and security of her family home and her having lost the enjoyment of her land.
2 day trial of contested application to alter/rectify a unilateral notice on the charges register under the Land Registration Act 2002: First-tier Tribunal (Property Chamber), Land Registration Division (2019).
3 day multi-track trial representing successful Claimant seeking a Declaration and claiming an entitlement to an interest in a property by way of a lifetime tenancy under a Constructive Trust or proprietary estoppel in the alternative.

Landlord & Tenant

Recently reported case of Khandanpour v Chambers [2019] EWCA Civ 570. Matter before the Court of Appeal related to issues of appropriation and relief from sanctions, however, originally a case arising from unlawful eviction.

Company Law

Tamiz v Khandanpour, 3 day trial, High Court. Issues relating to enforcement of a Tomlin order which settled substantial payment from the transactions of various residential properties.
Tilney Group Ltd v Thomas, High Court. Application for interim injunction against Respondent where terms agreed but issue as to the appropriate order for costs. Successfully argued the appropriate order for the Respondent. Case involved enforcement of restrictive covenant in a contract.

Defamation Law

Rai v Bholowasia & Pardes Weekly (UK) Ltd [2015] All ER (D) 214 (Feb). Sole counsel successfully representing the Claimant in a 7 day High Court trial.
Abbas v Shah [2014] EWHC 4493 (QB). Representing Defendant on all interim applications and preparing for High Court trial that settled before hearing.

phone01823 247 247

kumar@clerksroom.com

Qualified in 2002