Damian’s practice encompasses the following areas: anti-social behaviour, contentious probate, housing, local government, personal injury and property (including landlord and tenant).
Damian is qualified to accept instructions directly from members of the public in the above practice areas.
If you would like any further information regarding Damian Powell’s practice, please contact his clerks or call +44 (0)20 7405 6114.
- Anti-Social Behaviour
Damian is regularly instructed by numerous local authorities and police authorities to apply under the Anti-social Behaviour, Crime and Policing Act 2014 for injunctions to prevent anti-social behaviour, for closure orders and for possession based on the absolute ground. He is also instructed to deal with committal proceedings in respect of breaches of orders made under that Act. Damian is experienced in dealing with public law defences and Equality Act 2010 defences in these contexts.
Damian has provided training to police forces and local authorities on how to apply for orders under the Anti-social Behaviour, Crime and Policing Act 2014.
- Contentious Probate
Damian accepts instructions in all areas of contentious probate work. He has particular experience in disputes involving: capacity, knowledge and approval, undue influence, reasonable financial provision and the removal of personal representatives.
Damian has completed the Association of Contentious Trust and Probate Specialists (ACTAPS) training course for practitioners.
Damian’s practice incorporates all areas of housing law, including:
- Housing-related anti-social behaviour injunctions under s.1 of the Anti-social Behaviour, Crime and Policing Act 2014;
- Appeals under s.204 of the Housing Act 1996 (against decisions that an appellant is not in priority need);
- Local authorities’ duties under the Equality Act 2010;
- Succession claims
- Local Government
Damian is instructed by various local authorities in the following areas:
- Licensing: alcohol (personal and premises) and taxi licensing, including appeals;
- Crime: prosecuting on behalf of local authorities in both the Magistrates’ Court and the Crown Court, including environmental offences such as fly-tipping and breaches of Tree Preservation Orders [‘TPOs’];
- Anti-social behaviour (see separate entry);
- Housing (see separate entry);
- Personal injury
Damian has considerable experience in a wide range of personal injury work, including: RTA, Employers’ Liability, Public Liability, Occupiers’ Liability, and Fatal Accident claims. He regularly advises and acts for both claimants and defendants in fast track and multi track cases in these areas.
He also represents those seeking compensation for personal injury under the Criminal Injuries Compensation Scheme in appeals before the ‘First Tier-Tribunal (Criminal Injuries Compensation).
- Property / Landlord & tenant
Damian acts for both landlords and tenants in commercial and residential property matters including claims for possession, relief from forfeiture, leasehold enfranchisement and disrepair.
Damian is the co-author of the chapter on landlord and tenant guarantees in ‘The Modern Law of Guarantees’, Salter (forthcoming).
- Recent cases
- LBTH v X (September 2017): Damian was instructed on behalf of the local authority to apply for an injunction order under s.1 of the Anti-Social Behaviour, Crime and Policing Act 2014 against a youth in the Youth Court. An interim injunction order was granted. Within days the youth had breached the interim order. Damian was further instructed by the Local Authority to deal with the breaches;
- LBE v AW (September 2017): The local authority instructed Damian to apply for a closure order under s.80 of the Anti-Social Behaviour, Crime and Policing Act 2014. Following a contested hearing in the Magistrates’ Court, the order was granted for the maximum period of 3 months;
- LBE v JR (July 2017): Damian was instructed by the local authority to apply to the County Court for a variation of the existing injunction order made under s.1 of the Anti-Social Behaviour, Crime and Policing Act 2014 and to deal with committal proceedings for breaches of that order.
- In the Estate of AS (Deceased), BS v DAS & Others (August 2017): Advising beneficiaries under a will in respect of the merits of a third party’s claim for reasonable financial provision from the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975;
- In the Estate of AWD (Deceased) (June 2017): Advising the executor of a will in respect of an application for rectification of the will and the validity thereof in circumstances where the deceased made a later French will and the English will did not specify that it was to apply to the deceased’s English estate only;
- JG v HBC (May 2017): Damian represented the respondent local authority in respect of the appellant’s appeal under s.204 of the Housing Act 1996 before a Circuit Judge in the County Court. The appellant alleged various errors of law in the way in which the local authority had dealt with the issues of vulnerability and disability under the Equality Act 2010. The appeal was dismissed;
- LBE v BR (August 2017): The local authority instructed Damian to represent it in an application for possession against a secure tenant on the basis of anti-social behaviour in breach of her tenancy. The defendant raised various issues under the Equality Act 2010 and the case involved expert psychiatric and soundproofing evidence.
- SBC v Ryan Smith (February 2017): Damian was instructed by the local authority to prosecute the Defendant for a series of dangerous fly-tipping incidents. At the start of what was due to be a 5-day Crown Court trial, the Defendant pleaded guilty to 9 counts on the Indictment. See: http://www.getsurrey.co.uk/news/surrey-news/fly-tipper-who-dumped-bags-12611431;
- T and G v H and K (September 2017): Advising potential claimants in a complex Fatal Accident Act claim;
- NB v LC (July 2017): Acting for the claimant in a multi track RTA claim where the claimant has permanent life-changing injuries;
- PS v LFEPA (July 2017): Instructed by the defendant emergency service in a multi track living mesothelioma claim;
Property/Landlord and Tenant
- H v A (April 2017): Instructed by the defendant in a claim for an injunction to prevent trespass where the defence was that an easement had been established.RB & Others v GC Ltd (August 2017): Advising a number of tenants in a block of flats on various leasehold enfranchisement issues;LBE v BR (August 2017) Counsel for the claimant in a claim for possession against a secure tenant based on the tenant’s anti-social behaviour;
- The Modern Law of Guarantees – Salter (forthcoming), chapter on landlord and tenant guarantees
- LLM (La Sorbonne, Paris I)
- LLB (Hons)
- Professional memberships