Lydia accepts instructions in all areas of Chambers work with an emphasis on banking, commercial, contractual and property disputes.
Lydia is a strong advocate and she is regularly instructed in a wide range of matters including contractual disputes, banking and finance, property and insolvency. She appears frequently in both the High Court and County Court, and is familiar with providing advice and drafting pleadings, in numerous commercial disputes and interim applications. From within the financial sector, she is regularly instructed by major banks and lenders. She has experience with unfair relationships pursuant to s.140A under the Consumer credit Act 1974, including “mis-selling” and “secret commission” claims.
She has been instructed as Independent Counsel to undertake extensive reviews of privileged material in complex fraud investigations on behalf of the Serious Fraud Office and Financial Conduct Authority. She is familiar with cases concerning authorisation, regulated activities, regulated agreements and exemptions under the Financial Services and Markets Act 2000 and the guidance provided by the FCA Handbook.
Banking & financial services
Lydia regularly acts on behalf of lenders and businesses on issues involving the Consumer Credit Act 1974 involving disputes such as the enforceability of regulated agreements and unfair relationships under s.140A of the Act.
- Regularly instructed by banks and financial institutions in PPI claims, undisclosed commission cases, early neutral evaluation hearings.
- Advisory work on behalf of borrowers in respect of potential claims involving undisclosed commission and breach of fiduciary duties.
- Unfair relationships under the Consumer Credit Act 1974.
Civil fraud & asset recovery
- Prepared cross-examination on the Defendant’s asset disclosure in respect of a Freezing Injunction.
Company & partnership
- Applications to extend time to register charges at Companies House.
- Successfully defended a company director against a claim alleging misfeasance and/or breach of duty pursuant to section 212 of the Insolvency Act 1986 and ss 171 – 77 of the Companies Act 2006.
Insolvency & restructuring
- Winding-up petitions in the Companies Court, acting for both petitioning creditors and companies.
- Lydia appeared before the Chancery division in the High Court in an urgent application; argued that a clause in an agreement pertaining to the purchase of property from a Trustee in Bankruptcy, may constitute a penalty and be unenforceable.
- Validation orders pursuant to s.127 Insolvency Act 1986.
- Agency law with a focus on the Recruitment Industry and Estate Agents.
- Unfair terms in consumer contracts.
- Advising on and appearing in contested winding-up and bankruptcy petitions.
- Successfully opposed application to set side statutory demand advanced on grounds of duress, service of the demand, contractual interpretation/ validity of underlying loan agreement
- Interim applications including summary judgment, applications to strike out and relief from sanctions.
Lydia appears regularly on behalf of landlords and tenants, in the private and social sector, in possession claims relating to rent arrears, mortgage arrears, dilapidation, anti-social behaviour, succession and loss of security of tenure.
She is also experienced with:
- Disrepair and claims relating to housing conditions including prosecutions under the Environmental Health Act 1990.
- Injunctions, Party Wall matters, cavity wall disputes, deposit claims pursuant to the Housing Act 2004 as amended by the Deregulation Act 2015.
- Equality Act 2010 defences including public law and human rights “proportionality” defences to possession claims.
- Claims for forfeiture and applications for relief and leasehold disputes involving claims for unpaid service charges and disrepair.
- Advised and represented client in boundary dispute between two neighbouring properties.
- Advised, drafted pleadings and represented client in an easement dispute – obtained injunction restraining trespass, entry into a defined perimeter and communication with specific individuals.
- Successfully obtained injunctive relief in unlawful eviction proceedings.
- Charging Orders.
- Successfully opposed an application to strike out a claim alleging breach of a repairing covenant and substantial disrepair.
- Advised a neighbouring landowner in a claim brought by a golf club in relation to a nuisance based upon straying golf balls.
- Successfully resisted an application for permission to appeal in respect of a possession order on grounds that the order was incompatible with Human Rights and whether the licence constituted an AST.
- Advised and represented client in contested disposal hearing – Property dispute between cohabitees raising issue of undue influence.
- Successfully resisted an appeal concerning the courts jurisdiction to suspend warrant subsequent to a mandatory possession order (schedule 2 HA 1988) – MR(PT)A 2010, s 29 TOLATA, s 36 AJA considered.
- Represented the Defendant in a wrongful dismissal claim involving breach of contract, misrepresentation and Estate Agents commission – obtained successful settlement for the client.
- Received last minute instructions to attend the High Court in which the Applicant sought injunctive relief to restrain Receivers from selling a portfolio of properties at an undervalue.
Memberships & associations
- Chancery Bar Association
- The Honourable Society of Gray’s Inn
- London Common Law & Commercial Bar Association
- University of Westminster: LLB (Hons) English and European Law
- City University: Bar Professional Training Course
- Written and spoken French (fluent)
Barrister: Lydia Majdalany
Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR
The Purposes for which Personal Data is Processed:
Personal data will be processed in order to enable the provision of legal services, ie:
- representation in court;
- the drafting of legal documents.
It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.
The Lawful Basis for Processing Personal Data
In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:
- it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
- it is necessary for the purposes of providing legal services.
Special Categories of Personal Data
It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.
Who will receive Personal Data
The recipients of the personal data processed will be:
- instructing solicitors and clients;
- courts and other tribunals to which documents are presented;
- witnesses and potential witnesses, including expert witnesses;
- other barristers, pupil barristers and other legal representatives;
- regulatory authorities.
Retention Periods for Personal Data
Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.
The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.
International Data Transfers
If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.
If you wish to exercise these rights, please use the contact details above.
If you have unresolved concerns you also have the right to complain to data protection authorities.