People

Tina Kumar-Jacob

Tina is an experienced Property Barrister whose practice encompasses a wide range of property disputes including Landlord & Tenant (residential and commercial), Trusts of land, Real property & mortgages and Leasehold & leasehold management. Tina is also developing a keen interest in the area of Wills and Probate. 

Tina has appeared as sole counsel in the Court of Appeal, High Court and regularly in the County Court and the First-tier Tribunal (Property Chamber) in both the Residential Property and Land Registration divisions.  She is regularly instructed on trials, as well as on interim applications, committals and appeals. 

Tina is an accredited civil & commercial, and workplace Mediator. In turn, such expertise is regularly utilised as a mediator-advocate when instructed in mediations.  

Tina is also Public Access Accredited.

 

Trusts of Land 

 

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). 

Other Areas 

 

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  

 

Memberships 

 

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

 

Qualifications 

 

  • 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) 
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