Financial Remedies Webinar Series
42BR's Family Group is pleased to present a webinar series, comprising of three sessions, in which they will explore different elements of financial remedies cases.
Published: 1st Dec 2022
Desmond Kilcoyne
Call 1990
Telephone 020 7831 0222
Email desmond.kilcoyne@42br.com
Desmond Kilcoyne
Call 1990
Telephone 020 7831 0222
Email desmond.kilcoyne@42br.com
Selected cases
- Ellis v Lambeth L.B.C. [2000] 32 HLR 596, CA (adverse possession and estoppel
- Lambeth L.B.C v Howard [2001] 33 HLR 58, CA (the first case on human rights in the context of a local authority tenancy
- Delsol v Lambeth [2002] EWCA 1894, CA (human rights challenge to the absolute fetter on sub-tenancies in Housing Act 1985
- Bodle v Coutts & Co. Lawtel, [2003] EWHC 1865 (Ch) (whether assertion of solicitor’s lien on documents is in breach of a litigant’s Article 6 rights
- Lyons v Gardner [2007] EWCA Civ 259 (nuisance action brought by neighbour
- Worrall v Topp [2007] EWHC 1809 (Ch) (expert determination of boundary dispute
- Loveridge v Lambeth [2013] 3 All E.R. 261 & the Estates Gazette Digest at [2013] 21 E.G. 106 (C.S.)
Publications
- Regular columnist on property and housing matters in ‘Ask the Experts’, Sunday Times, Home Section
- Member of Editorial Board of Emis Property Service (publication dealing with all aspects of commercial and residential property law
- Author of Leaseholder Management (Lemos & Crane)
- Former Contributor of titles on Mortgages, Sale of Land, Restrictive Covenants in Atkin’s Court Forms (Butterworths)
Other information
Desmond is married to another barrister (who practices in media law) and he enjoys regular relaxing games of chess, bouts of kendo etc. with her. When not at work, Desmond keeps his hand in by conducting nightly appeals by his 3 young daughters to review the decisions of his wife. His own first instance decisions are invariably ignored and/or quashed although one was upheld back in ‘64. He loves: wine, Italy, speaking French, cooking and rugby.
Professional Memberships
- Property Bar Association
- Chancery Bar Association
- Founder Member of Social Housing Law Association
Education
- Tonbridge School
- University of Southampton (LLB (Hons) 2.1)
- King’s College, London (LLM)
Scholarships & Awards
- Inner Temple Examination Scholar (1990)
Related News
Desmond Kilcoyne discusses the Building Safety Act 2022: Parts now in force since 28 June 2022
Desmond Kilcoyne, of 42BR, has written a synopsis on the Building Safety Act 2022: Parts now in force since 28 June 2022
Published: 5th Jul 2022
Webinar - Disrepair: Valuing a County Court Disrepair Claim
Barristers Robert Winspear & Desmond Kilcoyne will be providing some virtual training for our next Housing Webinar
Published: 3rd Feb 2022
Desmond Kilcoyne acted for the Appellant landlord successfully appealing the First Tier Tribunal’s decision that the landlord’s chosen method of repair fell below the required standard
Published: 3rd Nov 2020
Desmond Kilcoyne and Peter Jolley acted for the Respondent tenant resisting an appeal by the landlord against the trial judge’s decision that the landlord had granted him an inter-generational joint t
Published: 25th Mar 2020
‘Fitness for Human Habitation’ Day
Today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 comes into force; introducing new sections 9A, 9B and 9C into the 1985 Act.
Published: 20th Mar 2019
Ranked in Chambers & Partners 2019
Chambers are thrilled to have 17 individual recommendations/rankings in the new Chambers & Partners 2019.
Published: 8th Nov 2018
Desmond Kilcoyne instructed in Paul Alibert David -v- Audra Catherine Wamsteker
Desmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late mother’s jewellery collection. The legal issues include
Published: 17th Apr 2018
Seminar for Lawyers in Local Government Housing and Regeneration group: Housing and Planning Act 2016
On 29th June 2016, Desmond Kilcoyne and Matthew McDermott were invited by the London Housing and Regeneration group of Lawyers in Local Government (LLG) to conduct a half-day seminar (headed by Alexander McDowall, a lawyer in Legal Services at the London Borough of Camden) on the radical new housing law being introduced by the Housing
Published: 5th Jul 2016
Housing Bulletin No 11 – Section 21 Notices
In this issue of 42 Bedford Row's Housing Bulletin Desmond Kilcoyne discuses Section 21 Notices: new law in force.
Published: 10th Nov 2015
Damages for unlawful eviction by a local authority
On 21st October, 2014, Desmond Kilcoyne appeared in the Supreme Court on behalf of the London Borough of Lambeth in a case where the Borough, in their capacity as a landlord, unlawfully evicted a secure tenant, Mr Loveridge. The judgment is awaited. The appeal concerns the approach which must be taken to the calculation of
Published: 30th Oct 2014
