Rowan Morton > Guildford Chambers > South East

Rowan has a diverse property practice that incorporates ToLATA, proprietary estoppel, negligence and misrepresentation issues, easements and covenants, as well and landlord and tenant litigation.
Rowan has recently concluded a 11-day breach of trust and account trial, having assisted in the litigation for over three years, drafting complex excel analysis spreadsheets to present at trial. It involved close family ties and a breakdown of the relationship between brother and sister co-owners of a £2.4m London property. Rental income and renovation works have been formed into a hugely complex accounting process, the second largest in Judge Lightman’s history of some 25 years sitting on accounts cases.
Recently she appeared on behalf of multiple claimants in a 6 day case of fraudulent misrepresentation on a property information form (TA6). The seller failed to declare disputes with neighbours and rescission of the contract is being considered in circumstances where the property was purchased as a bed and breakfast business.
Rowan provides early advice and mediation as well as representing parties at Court and the Tribunal involving boundary disputes, most commonly involving Section 60 of the Land Registration Act 2002. Rowan recently acted for a defendant who had no adverse possession argument and no evidence from previous owners. The Judge was conflicted by the conveyance, and the topography. Wilson v Greene [1971] 1 WLR 635 applied.

Rowan’s commercial cases often have a property connection. A recent case saw Rowan deal with an agent company involved in a property insurance dispute, whereby there are conflicting defences as between the broker, insurer, and the security company, whereby a theft at the claimant company’s warehouse was not insured by reason of a failure to adhere to the insurer’s security requirements.
Rowan recently concluded a five-year litigation, between a claimant company and the lay client who didn’t want to pay, in a construction case in the High Court. Both CBS and QS experts and a preliminary hearing on the list of contractual documents as well as legal argument on the liquidated damages clause within the JCT contract were heard over five days.

She has a particular interest in discrimination and whistleblowing, and has acted in cases for and against both multi-national private and public companies including organisations such as the NHS and Ministry of Justice.
Rowan is currently acting in a complex age discrimination claim that was issued 18 months out of time. Rowan successfully drafted the application to issue out of time, and had the case reinstated where the Claimant had been the victim of solicitors’ negligence.
Rowan’s recent case turned on whether privilege had been waived within documentation labelled “without prejudice”, which was determinative of whether there had been a dismissal at all.
Rowan appeared in the legal 500 for three years for her employment work, and is quoted as being tough yet sensible and providing excellent client care when handling complicated employment and discrimination matters.
Solicitors consistently praise Rowan for her client care, and ability to understand complex disabilities, particularly mental health conditions.

Coming from a scientific academic background Rowan has a keen interest in medical law. She has represented numerous professionals at their respective regulatory tribunals, including the General Medical Council, the Nursing and Midwifery Council and the Health and Care Professions Council. She has also attended numerous medical based inquests.
At the end of 2011 Rowan led an appeal at the Privy Council in the case of Holmes v Royal College of Veterinary Surgeons [2011] UKPC 48 which dealt with the issue of bias, specifically that the charges were brought in the name of, and were determined by members of, the College. In addition, the system allowed members of the disciplinary committee to have previously served on the preliminary investigation committee.
Care homes and Care standards: Rowan advises and represents care homes involved with Care Quality Commission investigations and closures.

Guildford Chambers