Anya Newman

Call - 2007
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Awards

Regulatory

Ms Newman undertakes complex matters for Local Authorities, most recently she was led by Kelvin Rutledge QC in a matter listed for a 6 week trial in the High Court in which her client was being sued for £1m for misfeasance in public office. Anya was seconded to the local authority and worked with their team in an extremely factually complicated case which concerned allegations dating back over eight years.  Five of the Local Authority’s officers were named as misfeasant. With a thorough and detailed approach Anya successfully defeated the case, clearing the officers of wrongdoing.

Anya often appears for Local Authorities in the High Court and her recent work has included advising on Local Authority policy and procedure, obtaining High Court injunctions to protect information held by Local Authorities, representing parties at Public Inquiries and securing the safety of roads in the Black Country for which she was given an award by West Midlands Police.

Notable cases:

Menon (1) Menon (2) and Autumn Days Ltd (3) v Hereford County Council

In this case Mr and Mrs Menon were suing Hereford County Council for around £1m alleging that the council operated an unlawful suspension on placements at their care home and also that they acted ultra vires in advising residents of the situation when they were arrested for neglect. The matter was factually complex and Anya worked with Hereford Council for 18 months, providing advice and assistance on the full litigation process. At trial and in the interlocutory Court of Appeal matter Ms Newman was led by Kelvin Rutledge QC.

The matter concerned legal issues such as to what extent the Local Authority could refuse to place prospective residents in homes which they had concerns about due to the existence of the Choice Directive; the extent of the Council’s pre-care Act safeguarding powers and the ability of a local authority to legally withhold information for a lawful purpose.

Wolverhampton City Council and Others v Persons Unknown

Anya was lead in the High Court by Joseph Giret QC in this case concerning car cruising across the counties of the Black Country. The car cruises were attended by hundreds of individuals who congregate to show-off their modified vehicles, perform dangerous stunts and compete in illegal races on the public roads which traverse the counties.

The application itself was ground breaking because of the broad area which it sought to protect, dispensing with personal service and the power of arrest attached.

Warwick County Council v Matalia

This was a High Court injunction application in which Warwick wished to prevent Mr Matalia from publishing details of the 11+ exam on his various websites. It was a legally complex section 222 injunction claim with multiple duties being relied upon by the council and in the alternative a breach of privacy claim. At the trial of the matter the Judge granted a final injunction on the grounds of breach of privacy and declined to make a ruling on the section 222 aspect of the case. The matter is now listed in the Court of Appeal.

Wolverhampton Landlords Committee Ltd v Wolverhampton City Council

This matter involved a judicial review challenge to the consultation process which had taken place prior to the designation of an area of Wolverhampton as a Selective Licensing area. The Applicant company claimed to represent dozens of Landlords in the affected area.

The case raised issues such as standing, public interest and delay in addition to the principal question of whether the consultation process had been carried out lawfully.

Anya successfully defeated an interim injunction application which was an attempt to prevent the scheme from coming into force and due to the defeat, the applicant withdrew its application for judicial review.

Qualifications

BVC Nottingham Law School

LLB Birmingham University

Memberships

Social Housing Law Association (SHLA)

Recommendations

Chambers & Partners 2019: “She has great technical knowledge and is always helpful and supportive.”

Legal 500 2018: “She has great technical knowledge and always fights her client’s corner.”

Chambers & Partners 2018: “She provides useful, practical advice on the risks and merits of a case, and on how to strengthen a case. She’s very good at cross-examination and has a good rapport with witnesses.”

Legal 500 2017: “Unwavering in her style and no pushover.”

Chambers & Partners 2017:  “Routinely undertakes complex property disputes, antisocial behaviour litigation and possession claims involving human rights issues and the Equality Act.  She makes regular appearances in the High Court.” “Has an excellent rapport with clients and is always prepared to argue fiercely for the outcome desired by those instructing her.”

Chambers & Partners 2016: “She fights tooth and nail for her clients.” “She is a very knowledgeable, very smart young barrister who knows the law, thinks well on her feet and is well prepared. She’s highly respected.”

Chambers & Partners 2015: “She is fresh and determined. She is always enthusiastic, practical and very approachable.” “She has an excellent rapport with clients and is always willing to argue hard for the outcome desired by those instructing her.”

Chambers & Partners 2014: “She is to be highly commended for the quality of the advice, support and guidance we received throughout our particularly difficult case.”

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