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Rosanna Martin

Barrister

Property and Social Housing


Rosanna regularly appears in Court and advises on behalf of both the Claimant and Defendant in all areas of property and social housing, including possession proceedings (including applications to stay a warrant and applications to set aside), injunctions (both access and anti-social behaviour), disrepair matters, closure orders, committal proceedings, leaseholder matters and charging orders.

Rosanna is knowledgeable in dealing with matters from start to finish, from providing initial advice and liaising directly with the client, to drafting pleadings, advocating in Court and providing pragmatic advice as to any next steps. She has recently returned from a period of secondment with a local authority where she managed, advised and advocated in Court in all areas of housing litigation, including possession proceedings, and specifically possession in relation to temporary accommodation and licenses, injunctions (both breach of contract and access) and disrepair matters. Her expertise in managing cases from the ‘get go’ means she is often able to pick up cases, such as without notice applications for injunctions and/or breaches, quickly, provide swift advice and make thorough submissions to obtain desired results.

She often deals with complex access injunctions, including hoarding, and possession proceedings where the Equality Act and Human Rights Act have been raised as a defence. Rosanna has been praised for her ability to explain and obtain simple solutions to often complex legal issues.

Rosanna’s paperwork practice includes drafting a variety of Court pleadings, on behalf of local authorities and social landlords, as well as drafting advice, skeleton arguments and injunction terms.

She has been praised on a number of occasions for her client care and regularly has clients asking for her continued involvement and advice in ongoing matters.

Rosanna also welcomes instruction in homelessness appeals and reviews and is developing this area of practice.

Rosanna also provides training and materials to local authorities and housing associations.

Cases:

  • M v A = successfully secured possession of property in relation to rent arrears amount to over £10,000 and despite the Defendant raising disrepair as a defence.

  • SC v G = successfully defended a claim for possession at trial and on the basis that the Defendant was not living there as his only or principle home. No order for possession was granted and the defendant retained his property and security of tenure.

Regulatory and Local Government


Rosanna is experienced in a variety of regulatory and local government prosecutions and is often instructed for the final contested hearing due to her trial expertise. Matters include fly-tipping, environmental offences, education act offences, parking offences, blue badge fraud, licensing appeals, statutory nuisance and trespasser removal.

She is often commended for her ability to thoroughly prepare, advocate and retain information of multiple different cases on one occasion.

Rosanna is experienced and knowledgeable in all types of civil applications in the Magistrates’ Court and receives regular instruction from multiple police forces to draft pleadings, provide advice and attend court for closure orders, stalking protection orders, sexual risk orders, sexual harm prevention orders and appeals of community protection notices.

It is Rosanna’s knowledge and expertise in the field of social housing, property and civil matters that provides her with unique insight into civil cases in the criminal courts and she has an ability to clearly explain and understand the law and procedure in this area.

Whilst dealing with all regulatory matters, prior to joining Chambers Rosanna worked for a police force in both policy and communications. This provides her with an insight into policing matters both from a prosecution and defence point of view and she has valuable experience and understanding as to how the police operate in their management of offenders and their risk in the community.

Rosanna also accepts instruction from local authorities in SEN matters.

Cases:

  • SP v MH = Successfully defended a police application for a stalking protection order in which the police were unsuccessful in obtaining an interim order and later withdrew the application in it’s entirety.

Crime


Rosanna frequently prosecutes and defends in the Magistrates’, Crown and Youth Court.

Rosanna has been commended for her approachable, sensitive but firm approach. Rosanna prides herself on her thorough preparation of cases, as well as being able to explain and reassure clients of the Court process.

Cases:

  • GA v R = successful appeal to the Crown Court in relation to both charges for an appellant who was of good character.
  • R v P = suspended sentence for a stalking related matter despite client’s background.
  • H v R = successful appeal to the Crown Court in relation to the disqualification of owning any dog and destruction of a dog.
  • R v S = secured a disqualification from driving below the sentencing guidelines for a client convicted of drink driving.


Planning and Land


Rosanna has a developing practice in the area of planning and land and gained insight into the field whilst working as a property paralegal for two different law firms in the areas of residential and commercial property.

Rosanna has already been instructed to advise on, draft relevant notices and their pleadings and attend the subsequent hearing, and in relation to charging orders, planning enforcement notices and breach of condition notices.

Civil


Rosanna accepts instruction in general civil matters and appear in the county court representing both the Claimant and the Defendant in the fast-track, small claims and multi-track.

Cases include:

  • EH v A = Represented and advised a local authority in defending a spurious claim for damages. Successfully applied for default judgment to be set aside and which allowed the LA another opportunity to apply to strike out the claim.