Mrs Tina Kumar-Jacob (2002)

Mrs Tina Kumar-Jacob (2002)

London
Membership Status: Barrister - Full Member Qualified in 2002 Public Access Accredited
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Tina has extensive advocacy experience and has appeared as sole counsel in the Court of Appeal, 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.

Tina’s practice has always been in Civil Litigation, with a current emphasis on Property and Landlord & Tenant (both residential and commercial). In addition, she continues to be instructed on Partnership, Company Law, Contract, Costs and Defamation matters.

Tina is a qualified, accredited Mediator in Civil and Commercial matters. She is also an Associate Member of the Chartered Institute of Arbitrators (CIArb).

Tina also accepts instructions on a Direct Access basis.

Real Property & Mortgages

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

  • 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.

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 (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 TLATA 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 example of work:

  • 1 day fast-track trial representing the successful Claimant claiming damages for negligence/nuisance following disrepair to neighbouring property (2019).
  • Advising, drafting and representing successful Claimant at Court on an application pursuant to s.49(1) LRHUDA (2019).
  • 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 (2019).
  • 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 (2018).
  • Regularly appearing at the FTT on service charges related matters. 

Company law and Contractual matters

Tina continues to be instructed on various matters relating to Company Law and contractual matters.  Recent examples of her work are as follows:

  • Advising, drafting and representing defendant company in relation to damages following breach of duty and an application pursuant to the Companies Act 2006 for permission to continue a derivatives claim (case ongoing).
  • 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 (case ongoing). 
  • 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

Tina has been instructed on various matters, some which have been reported as follows:

  • 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.

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

Tina regularly accepts instructions on all Civil and Commercial mediations in the capacity of a Barrister and also as a Mediator.

Tina is also a faculty member with the London School of Mediation and tutors on the courses and had recently tutored at the Special Tribunal for Lebanon at The Hague.

She sat as a Judge on 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.

Education       

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

Memberships

Property Bar Association (PBA)
Chartered Institute of Arbitrators (CIArb)
Advocate
RCJ Advice Bureau for Court of Appeal cases (COAS)

In her early years of practice, Tina was instructed by the Treasury Solicitor to undertake work under the baby barrister scheme on the Commercial/Construction.

 

Testimonials

Testimonials

Areas of Law

Mrs Tina Kumar-Jacob (2002) is happy to accept instructions as counsel who is:

  • Approved for the following panels:
  • Business & Commercial Law
  • Costs
  • Inquests
  • Land & Property

Outside of these key areas of law, Mrs Tina Kumar-Jacob (2002) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Tina direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Fees and Feedback

Fees and Feedback

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

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Privacy Notice

Privacy Notice

Privacy Notice
PRIVACY NOTICE
1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.              I, Tina Kumar, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:
·   Advise on the prospects of litigation;
·   Advise on the value of your claim;
·   Representation at a court hearing;
·   Representation at trial;
·   Advise, review or comment on legal issues or evidence.
5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.
6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.
7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.
8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.
Recipients of your data
9.              I may also be required to share your data with others, depending on the nature of your case. This may include:
(i)                  Courts and other tribunals to whom documents are presented;
(ii)                Your solicitors, or agent representing you, through whom I have been instructed;
(iii)               Potential witnesses, experts and other persons involved in the case;
(iv)               Solicitors, barristers, or other legal representatives;
(v)                Ombudsman and regulatory authorities;
(vi)               Education and examining bodies; and
(vii)             Current, past or prospective employers.
 
Special Categories of Data
10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.
11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.
 
Retention
12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.
13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.
14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:
(i)                  The legal and professional obligation to retain information relating to my cases;
(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;
(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;
(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.
15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.
16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 
 
Your Rights
17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.
19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.
20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.
21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 
22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 
23.          You have the right to request that your personal data is erased where any of the following apply:
(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;
(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;
(iv)               The personal data has been unlawfully processed; or
(v)                The personal data have to be erased to comply with a legal obligation.
24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).
25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 
 
Security
26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.
 
Complaints or Queries
27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: kumar@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.
28.          I shall aim to respond as soon as possible, and within 30 days.
29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

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