Naomi Candlin
Call: 2003
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Real Estate Profile

Naomi’s broad real estate practice covers all types of real property and landlord and tenant disputes and also incorporates significant expertise in town and country planning and business rating. She regularly advises and represents in respect of matters concerning boundaries and easements, restrictive covenants, mortgages, land registration, rectification, co-ownership disputes, trespass, nuisance and party wall matters. She has recently delivered a talk to the Property Law Association on the evidential burden in establishing easements by prescription. In respect of Landlord and Tenant, she is familiar with both commercial and residential matters and is regularly instructed in respect of lease renewals, breach of covenant, service charges, relief from forfeiture and dilapidation claims. She advises in respect of long residential leases and enfranchisement and has appeared in the Leasehold Valuation Tribunal. As an appointee of the Government Legal Department’s panel of regional counsel since 2007 (re-appointed 2010 and 2015), Naomi has variously advised the Secretaries of State for Justice, Transport, and Communities and Local Government on issues arising from the management of ministerial property, and represented them at planning enquiries in respect of the green belt, conservation areas and sites of archaeological interest, and at appeals to the High Court. She has advised and represented the landlord in respect of the liability of a large national charity to pay business rates at a hospital outlet.

  • Recent-Experience

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      • Representing a Local Authority at a 3-day planning appeal against the refusal of permission for development including a canal marina for up to 150 berths and up to 170 dwellings. The Inspector recommended granting the appeal but the case was recovered and declined by the Secretary of State as it concerned significant development in the Green Belt.
      • Advising and representing a Local Authority at the mediation of a claim in nuisance, negligence and breach of Human Rights involving 6 experts in respect of flooding from local Council parkland onto private properties. The mediation concluded with Heads of Agreement and thereafter drafting the complex technical and logistical terms of the final agreement.
      • Advising and representing in respect of sundry claims concerning trusts of land and proprietary estoppel, including a claim in the County Court in respect of shared property in France, in which jurisdictional issues were raised, and a claim in the High Court in respect of family-owned agricultural land used by way of a partnership agreement for an equestrian school.
      • Advising in respect of an application by the Deputy to the Court of Protection, Property and Affairs, seeking retrospective permission to sell a patient's property, the Deputy having acted outside its authority.
      • Drafting proceedings, advising and representing at mediation a local authority market operator in respect of lease renewals, service charge disputes, forfeiture proceedings and enforcement of proprietary rules and regulations.
      • Advising and representing the landlord in respect of the liability of a large national charity to pay business rates at a hospital outlet.

  • Reported-Cases

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      • The Queen (On the application of Sensar Limited and Azdar Limited) v The Chief Land Registrar [2018] EWHC 888 (Admin): challenge to refusal to register a restriction pursuant to a joint venture agreement.
      • San Investments Ltd v Secretary of State for Communities and Local Government [2016] EWHC 2830 (Admin): challenge to the refusal of permission to convert commercial units in the Jewellery Quarter, a Conservation Area, to residential use.
      • Kershaw v Roberts [2014] EWHC 1037 (Ch); [2015] 1 All E.R. 734; [2014] 3 Costs L.R. 536; [2014] W.T.L.R. 1395; (2014) 158(16) S.J.L.B. 57: case management hearings and cost budgeting for Part 8 claims.
      • Infocus Public Networks Ltd v Secretary of State for Communities and Local Government [2010] EWHC 3309 (Admin); [2011] J.P.L. 1048; [2011] N.P.C. 2: appeal pursuant to section 289(1) Town and Country Planning Act 1990 in respect of enforcement action against the installation of telephone kiosks in the City of London.
      • Ashcroft v Bradford & Bingley Plc Court of Appeal [2010] EWCA Civ 223: [2010] 2 P. & C.R. 13; [2010] N.P.C. 30: claim for repayment of an outstanding mortgage debt was not time-barred as time had started to run again under s29(5) Limitation Act 1980.

  • Specialist-Areas

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  • Qualifications-and-Appointments

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      • Deputy District Judge 2019
      • Accredited Mediator 2018
      • Examiner of the Court 2017
      • Regional Representative of the Bar International Committee 2016
      • Regional A Panel Counsel, appointed 2007, re-appointed 2010 and 2015
      • JP Warner Scholar, ECJ, Cabinet of Attorney General Sharpston 2006
      • Bar Vocational Course (BPP London) 2003: Lord Nottingham scholar of Lincoln's Inn
      • Dip Law (City) 2002: Lord Bowen and Lord Denning scholar of Lincoln's Inn
      • Yale University, Henry Fellowship, 1996
      • MA Classics, UCL, 1995: British Academy Award
      • BA (Hons), Trinity College Cambridge, Classics, 1st Class, 1994: Chancellor's Medal and Verheyden de Lancey prize

  • Professional-Associations

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      • Midlands Chancery and Commercial Bar Association
      • Midland Circuit