Rebecca
Keeves

TOLATA claims are often considered to be at the crossroads of civil and family law, with many disputes concerning separating romantic partners or other family members. Rebecca appreciated that for this reason family solicitors are often instructed on such matters and find themselves faced with the Civil Procedure Rules. Rebecca therefore offers a cradle-to-grave service in respect of TOLATA matters and will be on hand to assist her professional clients with ad hoc advice.

Rebecca has extensive experience in TOLATA claims including final multi-track trials, both as an advocate and when she was a case handler.

Rebecca is keen to take instructions in these matters and her previous experience of family law enables her to take a comprehensive and sensitive approach to cases at the intersection of civil and family law.

Rebecca has acted on various Court of Protection cases, advising, negotiating, and appearing in court on matters including: disputes about who would be an appropriate deputy, and the validity of LPAs.

Rebecca has undergone extensive training and is accepting instructions on court of protection matters.

J v E and E (2024) – represented landlord and landlady who were defending a case relating to disrepair and concerning fitness for human habitation. The property had been subject of a series of unfortunate events which had started with a small ceiling leak and ended with the property having to be vacated and a huge hole dug in the lounge. The Judge found for the Defendants, noting that, whilst it was a sad situation for the tenant, the Landlords had acted reasonably at all times.

Roberts v Virdee and Ors (2024) – This was a multi-track trial in respect of a boundary dispute where Rebecca represented the three defendants and involving numerous applications which were dealt with at the commencement of day 1. Rebecca had not previously acted on this matter and was instructed for the trial only. The trial took place over three days and included cross-examination of expert witnesses.

I.P.M. Personal Pension Trustees v Miah (2023 and 2024) – represented the pension trust which was the landlord of a commercial property in respect of a number of hearings. Rebecca secured a possession order and later successfully defeated a relief from forfeiture application.

RT v NP (2023) – FDR-type hearing in a TOLATA dispute. Represented the Claimant, having been instructed from the outset, including drafting an Advice and Part 8 proceedings. Rebecca was able to navigate a difficult judge and a very emotional Defendant to reach a final settlement preventing the matter having to proceed to a final trial.

Re H (Court of Protection) (2023) – represented the donor in respect of a disputed Lating Power of Attorney where the donor had appointed a person outside of the family and the adult children had intervened. There were significant concerns regarding the treatment of donor by the adult children and also whether the donor continued to lack capacity in any event. There were complexities to the case as the donor was found by the experts to lack capacity in respect of certain matters only. The interveners had also made applications for committal for contempt of court.

E Estate Agents Ltd v NT (2022) – represent NT in a claim by estate agents for unpaid commission following the sale of a house on a direct access basis. NT had previously claimed against the Estate Agents in negligence and represented himself. There was then a second claim which the estate agents alleged was in the personal name of the director and was on a different basis. Using documents drafted by Rebecca, NT applied to strike out this claim/enter summary judgment on the basis it was an abuse of process and/or there was no real prospects of success. Rebecca prepared a skeleton argument which was highly commended by the Judge. She referring to the previous claims, the requirements under the consumer regulations, and the requirements under the Estate Agents Act 1979. Rebecca was successful on all arguments and the claim was struck out. Costs were awarded as claimed. 

KD v Y and Y (2020) The County Court at Birmingham – Multi-track trial.  In this matter, Rebecca represented the claimant, who brought a claim via a litigation friend due to having lost capacity and the Defendants were litigators-in-person, one of whom required an interpreter.

This was a claim in trespass and further concerned a counter claim on the basis a property was a gift or, in the alternative, an interest had vested in the Defendants by way of a common intention constructive trust.

This case involved complex legal principles and factual matrix, involving four properties over several decades with changing ownership.

In addition,  there was little documentation to provide strong evidence in support of the position of either side and Rebecca’s client’s lack of capacity posed an obvious issue in respect of rebutting the oral evidence of the Defendants regarding conversations and promises that took place in support of the counter claim. There was, however, a significant amount of indicative evidence that required linking together to create the true picture for the Court, which Rebecca was able to do both within the cross-examination, closing submissions and skeleton argument.

All parties and witnesses were close relatives and friction had existed for at least 20 years. Rebecca had to utilise her experience and skill to ensure the emotions within the proceedings were not detrimental to the Claimant’s case. She cross-examined the Defendants for a significant period which involved cross-referencing a large number of documents to raise the relevant inconsistencies.

Rebecca was entirely successful in the claim and the counter claim was dismissed in full. The Court wished to provide time to the Defendants but Rebecca reminded the Court of the relevant authorities and that, in a trespass case, the order for possession must be forthwith.

Rebecca further secured an order for payment on account of costs of £40, 000.

Ebsworth (suing on behalf of Crystal Mount Management Company) v Crystalight Limited (2019) – This matter concerned an unusual property dispute whereby the lessees of a block of flats came to an agreement with the freeholder that they would manage the property as the freeholder was failing to do so. There were only 5 flats let at the time.

This did not follow the usual process for creating a Residents’ Management Company or the Right to Manage process under the Commonhold and Leasehold Reform Act 2002. Instead the lessees were assuming responsibility by consent with no formal change in the responsibilities under the leases. There was then an oral agreement reached between the parties with regard to what payments, if any, would be made by the freeholder in respect of the unoccupied flats. It was failure to pay the amounts due for the unoccupied flats that gave rise to this claim by the lessees.

The Appellant freeholder appealed the District Judge’s decision, accepting the findings of fact about the agreement could not be challenged, but averring that the agreement would amount to a variation of the leases and being oral in nature was unenforceable.

Rebecca was instructed for the Respondent lessees in the appeal. Rebecca prepared and produced a detailed skeleton argument and persuaded the Judge that the Appellant had, in essence, jumped a step: on the findings of fact of the lower court it must be found that this agreement was external to the leases and therefore did not amount to a variation. This was essential as it would have to be conceded that a variation to a lease of this nature would have to be in writing. The Judge concluded that the agreement was secondary and not a variation and as such dismissed the appeal.

Dickerson v Sabre Insurance Company Limited (2018) – The Defendant appealed the District Judge’s decision to award the credit hire rate in this credit hire claim. The District Judge had concluded that the credit hire rate would have to be taken as the 1-day rate was appropriate and no BHR evidence had been provided on a 1-day basis.

Having successfully represented the Claimant before the District Judge, Rebecca was further instructed for the Respondent in the appeal. Rebecca prepared and produced a detailed skeleton argument and persuaded the Judge that it was correct and proper for the Judge at first instance to have insisted on 1-day rates in the circumstances of this case and, as no evidence of those rates was provided, the Court had no option but to award the credit hire rates, relying on the following case law:

Phonographic Performance Ltd v AEI Rediffusion Music Ltd [1999] 1 WLR 1507 – being relied on by the Appellant but Rebecca reversed the argument and utilised the case in support of the Respondent

Stevens v Equity [2015] EWCA 93

Burdis v Livsey [2002] EWCA Civ 510

McBride v UK Insurance Limited [2017] EWCA Civ 144  The appeal was therefore dismissed.

Legal 500 2023 – Leading Junior in Chancery, Probate and Tax – “Rebecca is always thoroughly prepared and grasps the important issues of the most complex cases with ease. She is a persuasive and skilled advocate who never fails to impress.“

“Thanks so much Rebecca, I feel vindicated at last. It’s been a long 15 months.  You were brilliant, thank you for your help and support.” (2022)

“Thank you so very much for all your support this morning … you made the whole process easier to cope with.” (2022)

“Thank you very much for your effort and skill yesterday in resolving the case and avoiding me having to answer any questions”. (2021)

“…thank you for explaining the order you have been very helpful throughout. I now understand how all the figures were worked out and comes to the final amount.  We once again appreciate your time throughout and I am happy for you to close the case. Although we are disappointed we couldn’t prove to the judge what they have done, I was impressed on how you defended us. Thank you so much today with getting the fees reduced you gave a great submission”. (2021)

“As a busy accountant I needed someone who would provide me with clear and concise and advice and be a strong advocate in court to fight my argument. Rebecca needed to win on 1 of the two arguments and excelled herself and won on both arguments and secured a Judgement for me with costs. Thank you Rebecca so much!” NT, Direct Access client, 2021-2022

“Ms Keeves was very clear in her advice to me prior to the hearing and she put me at ease throughout the proceedings. I thoroughly enjoyed her cross examination of the claimant. I am confident that this hearing went in our favour based on her expertise. For that I am very grateful. I would like to again express my gratitude to Ms Keeves”. (2021)

“Rebecca exceeded my expectations from start to end regarding my hearing, she was attentive and maintained her professionalism throughout. I would highly recommend her for future civil hearings”. (2020)

“Rebecca has a very approachable manner and shows a thorough understanding of the case and the issues”.

• Housing Law Practitioners Association 
• Midland Chancery and Commercial Bar Association
• Property Bar Association

Recorder (November 2024)

Deputy District Judge (April 2020)

Shortlisted for Barrister of the Year 2021 (Birmingham Law Society Awards)

Outside of work, Rebecca relaxes by playing the piano (badly) spending time with family, walking, and being an active member of a number of amateur dramatics groups. Rebecca has also returned to ballet after a number of years exploring other types of dance.