A county court has frozen the assets of a disbarred barrister who acted as a McKenzie friend for a tenant in possession proceedings, according to the chambers representing the landlord. 

County court freezes disbarred barrister's assets

Landmark Chambers said housing association Notting Hill Genesis's successful application, heard on 31 July, 'is a reminder of the county court’s jurisdiction to grant freezing order relief in support of claims that are also within its jurisdiction'.

Notting Hill Genesis made the application to support its claim against Katrina McCarthy - called to the bar in 2004 and disbarred in 2016 – for allegedly inducing the breach of contract of one of its tenants.

The housing association alleges McCarthy tortiously induced the tenant to start paying his rent directly into her bank account. She allegedly told the tenant she would transfer the funds into a ‘court rent account’ so that he could offset his rent while a disrepair dispute was being resolved. The tenant stopped paying rent in 2019. By the time a possession order was obtained, more than £23,000 in arrears had accrued. McCarthy was the tenant's McKenzie friend at the possession hearing.

Landmark Chambers said it was only after the hearing that Notting Hill Genesis discovered what allegedly happened.

‘Despite being served with the order and indicating to the court that she intended to resist it, Ms McCarthy failed to attend the return hearing. HHJ Dight CBE refused a request (made by email without evidence) to adjourn the hearing and was satisfied that Ms McCarthy had breached various provisions of the order relating to the provision of information and an affidavit,' Landmark Chambers added.

‘Continuing the order, HHJ Dight CBE also ordered Ms McCarthy to pay Notting Hill’s costs (including those of the return hearing on the indemnity basis) and to make a payment on account of £10,000. Ms McCarthy has until 16 August to respond to the claim.’

 

Landmark Chambers’ Tom Morris, instructed by Liam Hale of Winckworth Sherwood, acted for Notting Hill Genesis.