Kimberley Ziya > Chambers of David Holland KC and Jenny Wigley KC > London, England > Barrister Profile
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Landmark Chambers
180 FLEET STREET
LONDON
EC4A 2HG
England
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Kimberley Ziya
Position
Kim has a particular interest in areas of overlap between planning and property law including rights to light, restrictive covenants and permitted development rights.
Her notable work includes:
- FirstPort Property Services Limited v Settlers Court RTM Company Ltd & Ors [2019] UKUT 0243 (LC): instructed in the first “leapfrog” appeal from the Upper Tribunal (Property Chamber) to the Supreme Court in a case concerning the operation of the statutory Right to Manage regime. The Supreme Court has granted permission to appeal and the appeal is to be heard in November 2021. Led by Simon Allison.
- AEW UK REIT Plc v Sportsdirect.com Retail Ltd: instructed for Sports Direct in proceedings to determine whether rent was payable under the terms of its Lease for periods in which the leased premises were forced to close in compliance with government restrictions imposed in response to the coronavirus pandemic. Led by Katharine Holland KC.
- Jarvis v Evans [2021] 1 W.L.R. 24: acted for the landlord (supported by the National Residential Landlords’ Association) in an appeal concerning the licencing regime for landlords in Wales under the Housing (Wales) Act 2014. Led by Justin Bates.
- R (on the application of Zins) v East Suffolk Council: acted for the claimant in the judicial review of a planning permission granted to PGL Travel Ltd for the creation of a new activity lake within a countryside estate used as a children’s outdoor activity centre. Led by David Forsdick KC.
- Acting for the successful developer at a public inquiry concerning the proposed redevelopment of 70 “Airey” houses near Leeds (APP/N4720/W/20/3250249). Led by Sasha White KC.
- Advising on questions of noise nuisance, rights to light, restrictive covenants and rights of way arising following the grant of planning permission.
- Appearing for tenants and landlords before the County Court and First-tier Tribunal in cases concerning rent and service charge arrears, possession, forfeiture and tenancy deposits.
Kim accepts instructions on a direct access and pro bono basis in appropriate cases. She is a member of the Attorney-General’s baby junior scheme and part of the editorial team for the Planning Encyclopedia.
Prior to joining Chambers, Kim was a Research Assistant in the Law Commission’s Property, Family and Trusts team, where she worked on projects relating to Charity Law, Easements, Covenants and Profits, and Leasehold Enfranchisement. Before that Kim spent nine months at a boutique litigation firm in Los Angeles where she assisted with all aspects of cases covering civil fraud, employment, tort, probate and public law.
Education
- University of Oxford (Lady Margaret Hall) – BA Law with French Law
- University of Law, London – BPTC
Personal
Awards
- Provost’s Award for Excellence, University of Law – 2017
- Hardwicke Award, Lincoln’s Inn – 2017
- Howarth & Smith Fellowship – 2015
Lawyer Rankings
London Bar > Property litigation
(Rising stars)Ranked: Tier 1Crossing over with the set’s expertise in planning and public law, Landmark Chambers have established themselves as a leading set across all aspects of property litigation including landlord and tenant and real estate disputes, as well as more niche areas such as telecommunications, protestor injunctions and village greens. Tom Weekes KC led Richard Moules KC in Fearn v Tate Trustees, a Supreme Court case in which the residents of a development of luxury flats were found to have been subjected to a nuisance by the viewing gallery on top of the Tate Modern’s Blavatnik Building. Simon Allison and Kimberley Ziya represented the successful appellant in FirstPort Property Services Limited v Settlers Court RTM in a landmark decision concerning the statutory right to manage blocks of flats. Timothy Morshead KC represented the energy company in Breen v Esso Petroleum, securing an injunction, and then the committal to prison for contempt of court of an individual who breached it by digging a tunnel in an attempt to stop the construction of the London Pipeline Project, based on economic torts rather than the law of nuisance or trespass. Justin Bates KC is notable for his residential property expertise – he is instructed for the residents in Global 100 v Jimenez, a case due to be heard by the Court of Appeal, after a “property guardianship” company was found by the tribunal to have run an unlicensed house of multiple occupation, therefore subjected to local authority fines and rent repayment orders.