Specialist Practice Areas
Litigation Funding & Costs CV
In light of her commercial practice Fay has a particular interest in costs and litigation funding. She is keen to obtain further experience in this area.
Recent experience includes:
• Cost management hearings;
• Detailed assessments;
• RTA/EL/PL portal cost only proceedings;
• Advising on the Damage Based Agreement Regulations 2013;
• Advising on Qualified One Way Costs Shifting.
Court of Protection CV
Fay’s main area of expertise concerns cases involving property and affairs. She has a flourishing chancery practice with an emphasis on probate and trusts matters meaning she is well placed to deal with the types of issues that arise in this area, in particular statutory will applications, property transactions, gifts and financial abuse.
Examples of the kind of cases in which Fay is instructed are:
- Property and affairs applications (including opposing the appointment of a Deputy; disputing testamentary capacity; settling a Lasting Power of Attorney; and negligent or deliberate misuse of a protected party’s finances).
- Applications relating to a protected party’s welfare (including residence; contact with others; consent to marriage; and capacity to consent to sexual relations).
- Serious medical treatment cases (including applications for emergency treatment).
- Deprivation of Liberty proceedings (including challenges to urgent or standard authorisations under the Deprivation of Liberty Safeguards).
- Inquests (in relation to those that have a mental disorder and/or lacked capacity at the time of death).
- Mental Health Tribunals - First-Tier and Upper Tribunal (including patients subject to restricted sections of the Mental Health Act).
- Displacement of nearest relative proceedings.
Judicial Review.The Court of Protection & Mental Health team practices in all areas of mental capacity and mental health law receiving instructions in respect of Property & Affairs (money) matters as well as Health & Welfare applications. The team are instructed on behalf of the protected party (through the Official Solicitor or other Litigation Friend), relatives of the protected party, care providers and public bodies of all kinds (for example Local Authorities, PCTs/CCGs and Hospital Trusts).
The team also provides regular training and seminars to professionals in mental capacity and mental health law. The team provides training to: Local Authorities, private practitioners, Mental Health and Mental Capacity Advocates, and professionals specialising in areas that overlap with mental capacity and mental health law, for example child protection practitioners.
Personal Injury & Fatal Accidents CV
Fay regularly acts on behalf of Claimants and Defendants in the following areas:
- Road traffic accident
- Employers’ Liability
- Occupier’s Liability Act claims;
- Highways’ Act claims;
- Defective Premises Act claims;
- Animals Act claims;
- Consumer Protection Act claims.
Fay appears in court hearings at every stage of proceedings including:
- Pre action disclosure applications;
- Cost and Case Management Hearings;
- Pre-trial reviews;
- Interim applications, including relief from sanction;
- Disposal hearings;
- Fast track and Multi track trials.
Fay has an expanding multi track practice, which includes drafting complex schedules of loss and conferences with experts. Recent cases include:
- Claimant suffered partial hearing loss- settled for £80k
- Female Claimant developed chronic pain syndrome- settled £50k
- Claimant who suffered serious soft tissue injuries – settled £75k
- Retired Claimant suffered functional neurological disorder
- Claimant sustained phrenic nerve injury with consequent respiratory disability
- Claimant suffered acceleration of diabetes
Fay is able to assist in personal injury cases involving Companies Act matters, including applications to restore a company and delaying dissolution of a company.
Fay has considerable experience of claims involving the RTA and EL/PL portal. She is regularly instructed in claims where issues include:
- Cost arguments, including cost consequences following exit from the portal;
- Court’s refusal to grant a stay in Part 8 proceedings;
- Technical non-compliance with the rules of the portal.
Fay appreciates the importance of informal discussions about cases. With this in mind she is happy to discuss matters by telephone.
Insurance (including credit hire and fraud) CV
As a result of pupillage under the supervision of Steven Turner, Fay has considerable experience of claims involving credit hire and civil fraud.
Fay has growing trial experience of, in particular, defending claims where there is a positive pleading of dishonesty and low velocity impact claims. She is involved at all stages of a case, including:
• Pre issue advice;
• Conference where insured driver, witness or engineer is proofed;
• Drafting robust but concise defences;
• Interim applications and Casey CMCs;
Fay appreciates the potential impact of Qualified One Way Costs Shifting on Defendant insurers. With this in mind she is able to provide a cost effective service.
Owing to her pupillage with Steven Turner (who appeared in Dimond -v- Lovell  1 AC 384 HL and the recent Court of Appeal case of Umerji v Khan;Zurich) and the development of her own practice since completing pupillage, she is well versed in all manner of credit hire issues. Additionally Fay’s experience of commercial cases complements her credit hire practice. Her knowledge of contractual principles and consumer credit law enables her to develop innovative arguments.
Chancery & Commercial CV
A growing aspect of Fay’s practice is commercial and chancery work.
She is able to master legal concepts quickly whilst conveying them to the lay client in a straightforward and practical manner. Fay is often praised for her thorough and pragmatic advice.
Fay understands that clients can be concerned about escalating legal costs. She is happy to consider instructions on a fixed fee basis.
Fay is regularly instructed in matters that include:
- Contentious Probate claims
- Inheritance Act Claims
All aspects of property litigation, including boundary disputes, breach of covenant, tenancy deposit scheme and dilapidations;
Possession proceedings on behalf of mortgagees and landlords;
- All manner of contractual disputes;
- Sale of goods and hire purchase;
- Debt recovery;
- Data protection;
- Companies Act;
- Consumer Credit Act claims, including unfair relationships and enforceability arguments.
Additionally Fay has considerable experience of financial miss-selling claims on behalf of both Claimants and Defendants. Her knowledge of the MCOB and ICOB(s) rules is extensive enabling her to provide detailed and cogent advice to clients. She often provides an initial review of the papers and is subsequently instructed at all stages of proceedings.
Fay’s recent experience includes:
- Advising a commercial tenant on the 1954 Act and a tenancy at will
- Advising GP on tenancy issues following dissolution of partnership
- Advising on hire purchase agreement
- Drafting particulars of claim in breach of contract/negligence claim where it was alleged that a firm of architects designed a monorail incorrectly
- Advising landlord on tenancy deposit scheme
- Advising a commercial landlord in an interim dilapidations dispute;
- Defending a landlord in a breach of covenant claim;
- Application to set aside judgment in a £150,000 breach of contract dispute;
- Advising and successfully defending a company in proceedings brought by a telecommunications company for payment of early termination fees;
- Advising a director on issues of bona vacantia and breach of fiduciary duty;
- Advising a Doctor in the miss-selling of an interest only mortgage. This case involved complicated limitation issues;
- Advising a road traffic insurer on recovery of its outlay from its insured and named driver;
- Drafting a regulated loan agreement;
- Drafting Damage Based Agreement on behalf of a Leeds firm of solicitors;
- Advising and representing a bank where owners sought to remove its charge.
Fay is able to accept instructions on a public access basis.
A recent lay client said as follows:
"I cannot recommend Fay enough. I found myself facing a complex commercial legal case for a large amount of money when a former landlord took me to court. Fay took control of the situation, offering me clear advice and support. She acted quickly and decisively and took me through all of the procedures and options along the way. A particularly sternly-worded letter from Fay resulted in the landlord dropping the entire case. If you are looking for someone to fight your corner and do their utmost to assist you, look no further!"