Desiree Artesi

Called:1998 Inner Temple

Specialisms:Arbitration, Commercial, Direct Public Access, Property, Public & Human Rights

EDUCATION/QUALIFICATIONS

 

LLB (Hons) (London); BSc (Hons) University of The West Indies

Inner Temple Award

Bencher of Honourable Society of the Inner Temple

 

 

PRACTICE

 

General civil and commercial litigation

Constitutional and Administrative Law

Regulatory and Planning Law

Judicial Review (homelessness, education, planning, public procurement)

All aspects of Real Property
Residential and Commercial occupation
Leasehold and Commonhold enfranchisement
Housing, including Multiple Occupation Disputes
Informal Acquisition of Rights in Land

Product Liability

 

EXPERIENCE

 

Desiree is an experienced trial advocate who regularly appears in the High Court, County Court, First Tier (Property Tribunal), and has appeared successfully whilst being unled in the Court of Appeal. Through her work as panel counsel for local government, she has regularly appeared unled against silk, and leading seniors.

 

Desiree is currently instructed and led by silk in a complex Privy Council property and constitutional law related appeal.

 

Desiree has appeared in the High Court in state immunity applications and strike out applications.

 

Desiree has a diverse civil and commercial practice, as well as all aspects of property, public law and judicial review. She is experienced at tacking the most complex of community legislation and regulatory regimes and virtually any area of judicial review.

In addition Desiree regularly advises on challenges to decisions of the Information Commission Office (ICO), which is a natural fit with her specialist knowledge of constitutional and administrative law.


She however has particular interests in commercial litigation, property, public procurement, planning, regulatory and judicial review which together now represents a large proportion of her practice.

 

Desiree has experience of campaigning on patient issues and is currently representing a MESH Litigation group working alongside fellow Founder Bridgette York and Kath Samson, patient leader in the fight for changes to the NICE guidelines.

 

Property

Desiree enjoys all areas of real property litigation both public and private, including commercial and residential landlord and tenant (including housing), adverse possession, trusts of land, mortgages, proprietary estoppel, leasehold and commonhold enfranchisement.

 

Public Law

A substantial proportion of Desiree’s practice concerns public law and judicial review, she is therefore able to tackle and has experience of any aspect of public law and statutory interpretation, planning and regulatory matters. Desiree has throughout her career acted for and against public bodies.

Desiree has been a member of Approved Panel Counsel for Local Government for more than 15 years.

Most recently Desiree has been involved in advising a nursing home under the new legislative framework governing nursing homes. Desiree is also very experienced in the area of homelessness and education.

 

Public Procurement

Desiree has acted for both companies and local government in a range of public procurement matters. Most recent areas of advisory work include the effect of the implementation of Directive 2014/24 on the overhaul of the public procurement regime in that there will be no distinction between Part A and Part B Service Contracts. 

Desiree has also acted both in obtaining and defending against injunctions in circumstances where the automatic suspension of the Regulations was pivotal to the substantive proceedings.

 

General Civil Litigation

In addition to her specialist areas Desiree also undertakes contractual matters, bankruptcy, mortgages, consumer credit matters, property related professional negligence claims, inheritance act claims, and some insolvency work.

 

Product Liability/Clinical Negligence

Mesh Litigation

Desiree is a former founding Director of Fibroids Network and has worked along with fellow Founder Bridgette York to achieve much of the changes to NICE guidelines in this area. Desiree has experience of campaigning on patient issues and is currently representing a MESH Litigation group.

Click on these links below for more details.

 

Campaign website 

Report in Wisbech Standard  

Twitter campaign link 

 

Arbitration

Desiree has a particular interests in international commercial arbitration with a focus on Caribbean and North American jurisdictions. Desiree is a member of the Caribbean Group of Arbitrators. Desiree has completed Part 1 of the Fellowship exam of the Institute of Chartered Arbitrators (London).

 

Lecturing

Desiree has tutored at the College of Law and lectured at Birkbeck College, University of London, and has written and lectured on a wide range of legal subjects.

 

RECENT CASES

 

  • Desiree represented a large construction company in the High Court in bringing claim under the Public Procurement regime for damages in respect of a 10 million fund government contract.
  • Successfully advised a company in respect of a challenge to the decision of the Information Commissioner (ICO) regarding the use of third party data in marketing and attendant opt outs and TPS infringements.
  • Advice and representation to local community to successfully defend against developers building on local green space.
  • Successfully representing company partner in a partnership dispute and dissolution of the partnership with multi-cultural and cross border issues.
  • Successful representation on behalf of a well known pub and clubs landlord against local authority enforcement action.
  • In 2015 within a three month period advised a major firm in respect of over 50 leasehold and common hold enfranchisement matters, many of which were complex and time sensitive.
  • Desiree represented 4 of the 5 successful bidders in the High Court on an application for disclosure, where the unsuccessful bidders sought disclosure of tender documents. Contract worth 50 million pounds over 5 years.
  • Desiree represented a local authority in the Court of Appeal in  this landmark case involving succession rights.
  • Successfully advising in a Privy Council multi-million pound arbitration matter concerning the construction of a hotel and marina in a Caribbean island. Led by silk, (Deputy High Court Judge).
  • Challenge to decision of local authority and the application of its homelessness policies.
  • Representing landlords and tenants in possession cases.
  • Representing both landlords and tenants before the Property Tribunal.
  • Successfully advising and representing a Defendant co-habitee  in a property dispute after a 12 year relationship had ended. Obtained 97% share for the defending partner.

 

INTERNATIONAL

 

In 2016, Desiree advised and assisted the Ministry of National Security and the Office of the Attorney General of the Bahamas with the implementation of the Office of the Public Defender Bahamas.

For the past 6 years Desiree has regularly advised, and, appeared in the appellate court of the Caribbean.

Between 2006 and 2014, Desiree was the legal adviser to the High Commission for the Government of Antigua and Barbuda.

Desiree is called to the St Lucian Bar with the ability to practice in most Caribbean Countries.

 

REPORTED CASES

 

Chigwell (Shepherd’s Bush) Ltd v ASRA Greater London Housing Association Ltd [2012] EWHC 2746 (QB)
Desiree represented this company against a public body in this multi-million pound public procurement case

 

Lettings International Ltd v London Borough of Newham
Public Procurement/EC Directives/Disclosure – Desiree represented 4 of the 5 successful bidders on an application for disclosure


London Borough of Newham v Hawkins

Desiree represented the local authority in the Court of Appeal in this landmark case.


Onyaebor v London Borough of Newham

(judicial review, mechanism of decision making process; application of Mohammed principles)

 

 

 

PUBLICATIONS

 

ARTICLES:

  • Desiree writes regularly for Counsel Magazine of which she is an Editorial Board Member, and is currently writing a book.

 

  • COSTS

    Damages based agreements - Qualified one way costs shifting.

 

  • PUBLIC PROCUREMENT

    Impact of the Public Contracts Regulations 2015 on what was previously classed as non-priority services, or Part B Services

 

  • CO-HABITATION AND TRUSTS OF LAND

    Effect of Court of Appeal decision in Bagum v Hai & Another [2015] EWCA CIV 801

 

  • LEADING THE WAY ON ETHICS - Counsel Magazine, January 2017

     

 

APPOINTMENTS/MEMBERSHIPS

 

Non Executive Director - Editorial Board of Counsel Magazine

Bencher Honourable Society of the Inner Temple

Professional Practice Committee of the Bar Council

Diversity Officer of the Honourable Society of the Inner Temple
London Common law and Commercial Bar Association (member)
South Eastern Circuit (member)
Library Committees (Honourable Society of Inner Temple)
Called to the St Lucian Bar

 

PUBLIC ACCESS/LITIGATION CERTIFICATION

 

Desiree undertakes work direct from the public, and is certified by the Bar Standards Board to conduct a case in a similar manner to a Solicitor, including the ability to instruct experts, barristers and to issue proceedings.

 

Desiree has a Public Access Website

 

You can follow Desiree on twitter @ArtesiLaw

 

INTERESTS

 

Italian (fluent)
French (conversational)

Spanish (conversational)

 

Pro Bono and volunteer work (including raising funds for charitable causes)), and mentoring. Desiree also enjoys art, gardening and travelling to off the beaten track destinations.