Tina Kumar-Jacob

Tina is experienced in dealing with the following either by way of Advisory work, drafting pleadings and/or representation in court (injunctions, interim applications and trials):

• Mortgages-instructed on behalf of banks, private lenders/borrowers and receivers
• land registration
• easements
• restrictive covenants
• adverse possession
• boundary disputes
• beneficial ownership of land
• property damage
• nuisance

Examples of work:

• 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.  
• 3-day trial at the First Tier (Property) Tribunal on a boundary dispute.
• 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.
• 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.
• Committal proceedings at the High Court brought by the Administrator of the Estate for the failure to vacate the property settled in Probate Proceedings.
• Defending a claim in neighbourly dispute asserting covenants in leases against each other and wider issues of obstruction and nuisance.
• Advising and representing client on a claim for prescription/derogation of grant against a neighbour.
• Applications to alter the Title Register either by individuals or on behalf of companies.

Tina is regularly instructed and has a particular expertise in dealing with TOLATA disputes about the existence, construction and operation of trusts in claims relating to constructive and resulting trusts, co-ownership of land and proprietary estoppel relating to land.  She handles trust of land issues arising between cohabiting partners, family members, siblings and in the commercial context, with business partners.

Tina has also dealt with cases involving issues of sham trusts, s.423 Insolvency Act 1986 applications.

Examples of work:

• 5-day trial brought pursuant to s.423 Insolvency Act 1986, seeking transfers and Declarations of Trust on the basis of a sham trust deed (Central London CC before a Circuit Judge).
• 5-day trial involving issues of duress, non est factum, declarations of beneficial interests in the property pursuant to a declaration of trust (Central London CC before a Circuit Judge).
• 4-day trial between a mother and son seeking declarations as to the beneficial ownership of a jointly owned property (Central London CC before a circuit Judge).
• 3-day trial between a landlord and tenant; the latter asserting a beneficial interest in the property by virtue of a signed TR1 form. The landlord counterclaiming for possession of the property (Circuit Judge).
• 3-day trial between landlord and tenant.  Tenant asserting a beneficial interest on an alleged agreement for property to be sold to her. The landlord counterclaiming for possession of the property (Circuit Judge).

Tina handles both residential and commercial landlord & tenant matters.

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

• All aspects of residential claims ranging from possession, disrepair, tenancy deposits
• Advising on lease termination, renewals, variations
• 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)

Tina represented the successful party in the case of Khandanpour v Chambers [2019] EWCA Civ 570, [2019] 4 WLUK 85. This was a matter before the Court of Appeal relating to issues of appropriation and relief from sanctions; the case originally arising from a case of unlawful eviction.

Tina represented 201 Leaseholders on an application for obtaining dispensation in relation to s.20 consultation in the FTT against a landlord in a development which required fire alarm systems to replace waking watches.

Tina is an experienced Mediation Advocate and regularly represents clients in mediations.  This representation expands to all areas of civil litigation.

This skill correlates to her also being an accredited practising Mediator.

Tina is also on the teaching/assessing faculty of the London School of Mediation.

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.

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 

• Property Bar Association (PBA)
• Chancery Bar Association (ChBA)
• STEP (Society of Trusts and Estates Practitioners)
• Civil Mediation Council (CMC)

• Advocacy Trainer, Inner Temple

• Accredited Mediator

• Certificate, International Human Rights Law, University of Oxford, New College

• LL.M, Queen Mary University of London

• BVC, Inns of Court School of Law, City University

• LL.B (Hons), (London University)

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-Jacob, 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. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: tina.kumar-jacob@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk 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/