Lucie Wood

Private client, probate and trusts

• Successfully acted for the Claimant in a High Court claim to have a will admitted to probate in solemn form following caveats being entered by beneficiaries who disputed the validity of the will.

• Successfully obtained a strike out of a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975.

• Acting for the Claimant in a High Court claim to remove an executor under section 50 of the Administration of Justice Act 1985 in circumstances where the said executor has been sectioned on two occasions under the Mental Health Act 1983.

• Acting for the executors of an estate in relation to a potential claim regarding alleged misappropriation of funds during a period when the deceased acted as a power of attorney. Advising in relation to breach of fiduciary duties, negligence, unjust enrichment and the duties of attorneys under the Mental Capacity Act 2005.

Property

• Successfully represented a Respondent in having an application to have a transfer in relation to a commercial premises set aside dismissed in the First-tier Tribunal. The hearing took place over two-days and the property in question was worth £700,000.

• Acting on behalf of a commercial landlord in relation to a litigated lease renewal against a global telecoms company in relation to an emerging area of law within the telecoms sector.

• Successfully represented the Defendant at a trial for possession of his commercial premises and damages for alleged business loss. Following extensive legal argument, it was found by the Judge that the Defendant had a business tenancy protected by the Landlord and Tenant Act 1954 and that the Claimant was not entitled to possession and / or damages.

• Successfully obtained the strike out of an application for the order of sale of a residential property, with costs awarded to the Defendant on the basis of res judicata.

Housing

• Advising a PLC and another global company, which are the UK’s largest providers of student accommodation, in relation to their licensing obligations under the Housing Act 2004, and all relevant secondary legislation, for their UK portfolios.

• Obtained a strike out of a claim brought against a Registered Provider which was valued at over £100,000. The claim related to disrepair, unlawful eviction, harassment and personal injury. The Claimant was also ordered to pay the Registered Provider’s costs.

• Successfully acted on behalf of Salford City Council in relation to a First-tier Tribunal (Property Chamber) appeal against financial penalties served under section 249A of the Housing Act 2004. The financial penalties had been imposed for breach of management regulations in relation to Houses of Multiple Occupation. The appeal involved novel legal arguments, relying on very recent case law, in relation to the continuation of the penalties and their quantum. The financial penalties were upheld. Link to Judgment:

• https://assets.publishing.service.gov.uk/media/63ecf17fe90e077bb13a6530/458_Liverpool_Street_Salford_decision.pdf

• Represented a Local Authority at trial and successfully obtained an antisocial behaviour injunction despite expert evidence stating that the Respondent’s mental capacity could fluctuate and was caused by his disabilities. The case involved significant and technical legal argument in relation disability and mental capacity. The Respondent sought to appeal the decision but failed to obtain permission.

Court of Protection

• Appeared before Hayden J in the Court of Protection, Royal Courts of Justice, in relation to a case involving the question of whether a DNA sample could be taken from an incapacitous adult. The case was widely reported and appeared within the Law Reports: Bagguley v E [2020] 2 W.L.R. 236.

Qualifications

• University of York – Philosophy – First Class Degree with Honours (2005)

• Lancashire Law School – Legal Practice Course – Distinction (2009)

• Kaplan Altior – Higher Rights of Audience (2012)