Emma Godfrey

Called 1995
Very approachable and a great advocate.
Legal 500, 2016
A very reliable and straightforward communicator.
Legal 500, 2015

Emma is a civil and public law practitioner with particular specialisms in housing, property and local government law. She undertakes advocacy, drafting and advisory work for a wide range of clients, including local authorities, private and public sector landlords and tenants, companies and individuals. She has experience of appearing in courts and tribunals at all levels, from the FTT and Magistrates’ Court to the House of Lords.

Emma is able to accept direct access instructions within her areas of specialism.

If you would like any further information regarding Emma Godfrey’s practice, please contact her clerks or call +44 (0)20 7405 6114.

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Housing

Emma is recommended in the Legal 500 as a leading junior in social housing. She has considerable experience in all areas of housing work, including:

  • Homelessness and Part VII Housing Act 1996
  • Allocations and Part VI Housing Act 1996
  • Possession and demotion claims
  • Succession
  • The Right to Buy
  • Service Charges
  • Anti-social behaviour

 

Property

Emma has been co-author of Tolley’s “Claims to the Possession of Land” (5th Edn) for over 15 years. Her practice encompasses all areas of residential and commercial landlord and tenant litigation including:

  • Possession and forfeiture claims
  • Leasehold enfranchisement
  • Service charge disputes
  • Business lease renewals
  • Disrepair

Emma also undertakes cases concerning adverse possession, mortgages and the priority of interests in land, rights of way, and TLATA and Inheritance Act claims.

 

Public law & local government

Emma regularly acts in judicial review claims with a particular emphasis on housing, community care and the provision of support under Part III Children Act 1989. She also appears in cases concerning age assessments of unaccompanied minors and public interest immunity applications in respect of social services files.

Commercial

Emma also has experience of acting in a variety of commercial and contractual disputes.

Cases of interest in this area:

  • Michael Gerson Leasing Limited v John L Green (Machine Tool Merchants Limited & others [2002] All ER (D) 262 Apr
  • (Chancery Division; representing finance company in a dispute as to title to industrial machinery which had been the subject of a lease agreement)
Cases of Interest
  • R (oao Royal Borough of Kensington & Chelsea) v London Borough of Ealing [2017] EWHC 24 (Admin)
    (Admin Court; whether a local housing authority which receives a local connection referral under s.200 HA 1996 can rely on a prior discharge of duty towards the applicant)
  • Golding v Secretary of state for Transport [2013] RTR 20; [2013] EWHC 300 (Admin)
    (Admin Court; appeal by way of case stated relating to the revocation of a driving licence on medical grounds)
  • Mitu v London Borough of Camden [2011] EWCA Civ 1249; [2011] All ER (D) 10 Nov
    (Court of Appeal; the construction and application of r.8(2) Allocation of Housing and Homelessness (Review Procedures) Regulations 1999)
  • Vilvarasa v London Borough of Harrow [2010] EWCA Civ 1278; [2011] HLR 11
    (Court of Appeal; discharge of duty under s.193(5) HA 1996)
  • R (oao Ghandali) v London Borough of Ealing [2006] All ER (D) 134 Jul
    (Admin Court; judicial review of priority awarded under local authority’s allocation scheme)
  • R v IAT ex parte Anton Judes [2001] EWCA Civ 825
    (Court of Appeal)
  • Burton v London Borough of Camden [2000] 2 AC 428
    (House of Lords; whether a joint secure tenant can “release” her interest to the other joint tenant, thereby avoiding the restrictions on assignment in s.91 HA 1985)
Education
  • MA (Mathematics) (Oxon)
  • Dip Law (with Distinction)
  • Cert HE (History) (London)
  • Lincoln’s Inn CPE Award and Sir Thomas More bursary

 

 

Professional memberships
  • Property Bar Association
  • Social Housing Law Association
Publications
  • Emma is co-author of Tolley’s Claims to the Possession of Land (5th Edition), a highly regarded loose-leaf practitioner text.
  • Emma is also co-author of a series of practice notes on homelessness for Practical Law.
  • Emma regularly delivers seminars to solicitors, landlords and local authority officers.