Anya Newman

Real Estate Litigation

Anya Newman specialises in property with an emphasis on real property and commercial leases. The 2023 Legal 500 comments that:

“Anya has excellent technical knowledge and attention to detail. She can explain complicated technical issues to clients in such a way that they understand the key points and considerations in a case.”

Anya is passionate about houses and land and often goes the extra mile for clients with such issues when asked to attend site visits and onsite mediation. Her flexible approach to opponents renders Anya well suited to interfamilial dispute claims whilst the straightforward manner in which she tackles technical issues means she is also highly sought after for boundary and easement cases.

Anya’s real estate work covers claims such as:

• Boundary disputes
• Trespass
• Adverse possession
• Rights of way / Easements
• Nuisance
• Injunction claims
• Restrictive covenants
• Family trusts and complex agreements
• Misrepresentation / duress / undue influence in interfamilial agreements

Anya frequently undertakes cases relating to commercial leases including those dealing with renewal. She advises in dilapidations matters and has a particular interest in leasehold claims involving multiple tenants with partial residential use.

With regard to her commercial property work, Anya regularly advises on:

• Termination and renewal of 1954 Act leases
• Forfeiture and possession
• Disrepair / dilapidations
• Breach of covenant
• Trespass and adverse possession
• Access / Rights of way
• Declaration and alteration matters
• Service charge disputes

Due to her work spanning both real property and landlord and tenant, Anya is often instructed to represent clients with complex lease issues where part of the use might be residential.

Anya is also highly sought after to advise in private landlord and tenant issues including possession and rent review cases. Housing is often a political issue and Anya is closely watching the progress of the Renters Reform Bill and the changes that might mean for those who rent properties.

Housing

Anya has a national reputation for Housing and those matters which relate to is. She has extensive knowledge and experience in representing Local Authorities, the 2023 Legal 500 comments that:

“Anya is a strong and tenacious advocate. She is an excellent technical lawyer and an outstanding trial advocate; meticulously prepared, determined in cross-examination, she can read the room and tailor her approach accordingly.”

Anya is frequently instructed in community-wide anti-social behaviour issues and matters in relation to policy direction having represented the Local Authorities in Wolverhampton City Council and Others v Persons Unknown, a matter in which she continues to act to ensure that the injunction is enforced.

Due to her real property practice, Anya is sought after to advise in claims involving hybrid issues of tenancies and real property such as multiuse lease cases, compulsory purchase orders, right to buy matters and adverse possession and trespass cases involving tenancies.

She is frequently instructed to appear in possession claims involving difficult succession arguments or human rights and Equality Act 2010 elements, in addition to Judicial Review, complex disrepair matters and cases involving the traveller community.

Anya’s expertise include:

• Right to buy
• Allocation and succession
• Equality Act
• Human rights
• Public law challenges
• Disrepair
• Fraud
• Harassment / unlawful eviction
• Injunction / committals
• Possession and demotion claims
• Licensing
• Real estate issues which include tenancies
• Judicial review

In addition to Court work Anya is often instructed to assist Local Authorities and Housing Associations in relation to their policies, redevelopment issues and tenancy drafting points. She has experience of dealing with the Selective Licensing Scheme for Landlords and watches the Renters Reform Bill with interest.

Direct Access

Anya accepts direct access instructions.

Notable Cases

Miles and Faber v Reid and Reid

In this complex dispute, the Claimants asserted that their express right of way was required to be a certain width across the Defendants’ land. The Defendants disputed this and counterclaimed for trespass both on the right of way itself by way of an oil line, and in a separate area which was subject to a boundary dispute. Anya successfully defended the claim and succeeded wholesale on the counterclaim, obtaining an injunction to remove the oil line and patio which had been built over part of her client’s land.

Sagier v Kaur

In this neighbour dispute in the property tribunal, the Claimant claimed a right of way by prescription over the driveway of the Defendant. Several neighbours gave evidence to state that the route had been used for more than 20 years. Anya successfully defended the claim, defeating it despite the neighbours’ evidence by relying on signage which was displayed some years ago.

Manor Farm Barns (Essington) v Clair

Anya represented a residents’ association taking action against an owner of a property situated next to its development of barn conversions. The Defendant had purchased his property without any allocated parking, an issue which did not come to light until the barns had been developed and were using all of the parking on site. The Defendant dug up part of the barns’ shared driveway in order to provide himself with parking and this instigated the trespass claim. In his defence the Defendant argued that the shared driveway was in fact on his land and had been laid incorrectly, this led to a boundary dispute with expert evidence on both sides. The Defendant also brought a counterclaim for a declaration that he had a vehicular right of way over the car park belonging to the barns, which would give him access to park on his rear garden. Anya successfully obtained judgement for her client and defeated the counterclaim.

Wolverhampton City Council and Others v Persons Unknown

Anya was led in the High Court by Joseph Giret QC in this case concerning car cruising across the counties of the Black Country. The car cruises were attended by hundreds of individuals who congregate to show-off their modified vehicles, perform dangerous stunts and compete in illegal races on the public roads which traverse the counties. St Ives Chambers 2 +44 (0)121 236 0863 The application itself was groundbreaking.

Goddard v Simmons

Anya acted for a homeowner who had engaged a builder to follow architect’s plans in order to convert her pool house into a bungalow with some accommodation below ground, in the old pool. The build went months over its projected end date and in the course of the work, the pool lining was cut and ground water entered the property. The main issues were whether the lining had to be cut in any event in order to complete the project and whether or not the builder had been negligent in not following manufacturer recommendations. Anya was successful in obtaining judgement for her client on several aspects of the claim.

Wolverhampton Landlords Committee Ltd v Wolverhampton City Council

This case involved a judicial review challenge to the consultation process which had taken place prior to the designation of an area of Wolverhampton as a Selective Licensing area. The applicant company claimed to represent dozens of Landlords in the affected area. The case raised issues such as standing, public interest and delay in addition to the principal question of whether the consultation process had been carried out lawfully. Anya successfully defeated an interim injunction application and as a result, the Applicant withdrew its application for judicial review.

Education

• Birmingham University, LLB (Hons) Law.
• Nottingham School of Law, BVC.
• Camm Cup Mooting Competition Winner – 2005
• Mistress of the Moots, Birmingham University – 2006/2006
• Ashworth Prize, Inner Temple – 2006
• Inner Temple Duke of Edinburgh Award – 2006
• Warwick Apprenticeship Prize

Testimonials

Chambers and Partners 2024:

“Anya Newman is a formidable advocate, extremely assertive and persuasive. The merits, benefits and risks of all applicable options, but with a focus on what is practicable, are always clearly identified and considered.”

“Anya’s case preparation is exceptional. A clever advocate.”

“Anya has great technical knowledge.”

Legal 500 2024:

“‘Anya is a strong and tenacious advocate. She is an excellent technical lawyer and an outstanding trial advocate; meticulously prepared, determined in cross-examination, she can read the room and tailor her approach accordingly.’”

“Anya has excellent technical knowledge and attention to detail. She can explain complicated technical issues to clients in such a way that they understand the key points and considerations in a case.”

Chambers and Partners 2023:

“Anya is a formidable barrister. She is intelligent, and a strong and tenacious advocate.” “Anya is very personable and patient. She is particularly strong at drafting documents, very well read and has up-to-date knowledge.”

“Anya’s commercial awareness has provided clients with invaluable insights into risks and alternate resolutions.”

Legal 500 2023:

“Anya is tenacious and focused. She fights for strong outcomes for clients. Her preparation is thorough and her presentation very assured.”

“Anya has excellent technical knowledge of property matters and provides clear and commercially aware advice. She is always available to deal with additional queries and has excellent client care.”

Chambers & Partners 2022:

“Anya is thorough and detailed. Her drafting of documents and approach and preparation and presentation of cases is outstanding.”

Legal 500 2022:

“Anya is always very well prepared and has excellent advocacy skills and is always up to date with all legal case law and practises. Confident, competent and eloquent advocate, thorough preparation at all times ensuring all issues are addressed and responses prepared for, experienced in most issues and thus very knowledgeable.”

Chambers and Partners 2021:

“She is incredibly knowledgeable and won’t take nonsense from the other side. She is very competent, approachable and practical.”

Legal 500 2021:

“A persuasive advocate whose no-nonsense approach gets the job done.” “She provides astute commercial and tactical advice, supplemented by her excellent in-depth knowledge of property law.2

Chambers & Partners 2020:

“She has excellent attention to detail, exceptional technical knowledge and ability and is always helpful and supportive.” “She is very polished and makes good points.”

Legal 500 2019:

“A well-prepared, knowledgeable and no-nonsense advocate.”

Chambers & Partners 2019:

“She has great technical knowledge and is always helpful and supportive.”

Legal 500 2018:

“She has great technical knowledge and always fights her client’s corner.”

Chambers & Partners 2018:

“She provides useful, practical advice on the risks and merits of a case, and on how to strengthen a case. She’s very good at cross-examination and has a good rapport with witnesses.”

Legal 500 2017:

“Unwavering in her style and no pushover.”

Chambers & Partners 2017:

“Routinely undertakes complex property disputes, antisocial behaviour litigation and possession claims involving human rights issues and the Equality Act. She makes regular appearances in the High Court.” “Has an excellent rapport with clients and is always prepared to argue fiercely for the outcome desired by those instructing her.”

Chambers & Partners 2016:

“She fights tooth and nail for her clients.” “She is a very knowledgeable, very smart young barrister who knows the law, thinks well on her feet and is well prepared. She’s highly respected.”

Chambers & Partners 2015:

“She is fresh and determined. She is always enthusiastic, practical and very approachable.” “She has an excellent rapport with clients and is always willing to argue hard for the outcome desired by those instructing her.”

Chambers & Partners 2014:

“She is to be highly commended for the quality of the advice, support and guidance we received throughout our particularly difficult case.”

Seminars & Training

Anya frequently presents at seminars and conferences. She is available for bespoke in-house training, please contact the clerks for details. CPD approval can be obtained if required. She is a pupil supervisor and takes delight in assisting the next generation of barristers to learn their trade.