Who? Julia Tobbell, partner, Forsters LLP, London.
Why is she in the news? The firm acted for the Ministry of Defence in successfully defending claims brought by Annington Homes regarding military service family accommodation.
Thoughts on the case: ‘This case was about whether the government could be entitled to benefit from legislation which gives long leasehold owners the right to purchase the freehold of their homes (known as enfranchisement). The MoD had sold off a portfolio of military family homes to Annington Homes, a private-equity-funded vehicle, in 1996, and simultaneously taken a 200-year leaseback. At the time of the deal, enfranchisement rights did not apply to the MoD but there had since been changes in the legislation expanding the definition of a “qualifying tenant”. The MoD was keen to explore whether enfranchisement might bring better value for money for the taxpayer than the current lease arrangement and so brought a handful of test claims to gain clarity on the legal position. However, as the legislation was not written with government tenants in mind, there were factual and legal complexities, many of which had never been decided before. Much turned on whether the MoD had a business tenancy, which would have disqualified it from enfranchisement, or whether the legislation could apply to a Crown interest. We were delighted to win on all grounds.’
An Annington spokesperson said: ‘We are surprised and disappointed by the outcome. It risks setting a dangerous precedent for businesses and international investors in the UK and if upheld would mean that the government can disregard long-term contracts if it believes it is in its interests to do so. We will appeal this decision.’
Dealing with the media: ‘As we were part of a much wider legal team (including Slaughter and May, MoD Legal Advisers and Government Legal Department), we took a coordinated approach to everything in the litigation. MoD’s very capable communications team has taken the lead in handling media enquiries.’
Why become a lawyer? ‘My family used to joke that I was so argumentative I ought to become a lawyer. This was around the time of Ally McBeal so the combination of the two probably sowed the seed.’
Career high: ‘Getting a job on qualification in the property litigation team at Herbert Smith Freehills. Initially they had not posted a vacancy so I chose transactional real estate, but then a space opened up. I am a litigator at heart so was lucky to get on the right path.’
Career low: ‘In my final seat, while working on a deal that involved many 5am finishes, I had to have a wisdom tooth removed. When I came round from the anaesthetic and realised I’d only been under for an hour, I was apparently inconsolable not to have caught up on more sleep.’
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