Areas of Practice:

• Property
• General Civil Litigation
• Regulatory and Disciplinary Law
• Inquests and Inquiries
• Direct Public Access
• Privy Council
• Public & Human Rights
• Arbitration and Mediation

Education:

• Birkbeck College, London ( LLB Law )
• City University CPE Diploma in Law
• University of the West Indies ( BSc (Hons))
• Fluent Italian, spoken French and Spanish
• Bencher of the Honourable Society of the Inner Temple

Experience:

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 and represents members of the public in inquests and inquiries, most recently involving an infant.
A proportions of Desiree’s practice involves representing individuals and companies in breaches of professional and regulatory codes, which Desiree is well placed to advise and represent on in this field.

Desiree is regularly instructed and has successfully appeared in the Privy Council in appeals concerning difficult, complex and interesting points of constitutional and human rights law, whether arising in the context of civil and commercial disputes, or appeals from domestic constitutional claims.

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

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.

Desiree has experience acting for both property developers, and individuals, drafting option and other agreements for the sale and purchase of land using a special purchase vehicle.

Desiree is adept at handling complex rating appeals from the Valuation Tribunal before the Upper Tribunal (Land Chamber). She has also acted for clients seeking alterations of local rating lists from the VOA as well as from the tribunals. She has particular experience of proposals to nil-rate hereditaments based on uneconomic repair. Desiree also has experience in judicial reviews and statutory challenges in the High Court in London.

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.

Regulatory and Disciplinary Law:

Appointments:

• Legal Chair - Code Adjudication Panel of Phone-paid Services Authority - Telecommunications Regulator
• Bar Tribunal and Adjudication Services - Barrister member

Desiree has experience of regulatory law in the telecommunications and legal sectors and experience of advising on sector compliance. A member of ARDL, Desiree acts for both regulatory bodies as well as individuals.

Administrative and 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.

Privy Council:

The Judicial Committee of the Privy Council is the final court of appeal for many Commonwealth and Caribbean countries. Presided over by the same judges as those sitting in the UK Supreme Court, its decisions are highly persuasive both in domestic UK proceedings and across the common law world, and contributed greatly to the development of key common law principles.

Desiree is called to the Bar of St Lucia with the ability to appear in most courts at all levels throughout the Eastern Caribbean.

Desiree regularly appears in the Privy Council representing individuals, public bodies or governments, government agencies and local government departments.

Desiree has successfully appeared before the panel of Judges, referred to as the Board, in appeals often concerning difficult, complex, and interesting points of constitutional and human rights law, whether arising in the context of civil and commercial disputes, criminal appeals or appeals from domestic constitutional claims.

Desiree has appeared representing the inhabitants of the island of Barbuda in a claim alleging that the Paradise Found (Project) Act of the Antigua Parliament, passed to facilitate a massive development on the island of Barbuda, is unconstitutional and invalid; in an appeal in relation to the employment contract of a diplomatic employee involving both common law and the Napoleonic Code; and in an appeal from the Bahamas raising important and complex points of constitutional law.

Arbitration and Mediation:

Desiree has a particular interest 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).

Desiree is a trained mediator, and is regular attendee at the Annual International Mediation Symposium in collaboration with the Singapore International Mediation Centre.

Desiree welcomes instructions in commercial matters as well as those involving conflict of laws or international jurisdictions.

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.

Academic:

Desiree is an affiliate expert of the Centre for Law and Social Justice at Leeds University.

Recent Cases:

• 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.
• Advice and representation to local community to successfully defend against developers building on local green space.
• Representing a family in a sensitive infant death inquest.
• Representing an African company in a mediation involving choice of venue for litigation.
• Representing a telecommunications company in breaches of regulatory codes.
• Representing a member of the professions in breaches of regulatory codes.
• 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.
• Advised a major City solicitor firm in respect of over 50 leasehold and common hold enfranchisement matters, many of which were complex and time sensitive.
• Successful representation on behalf of a well-known pub and clubs landlord in relation to breach of Lease and loss of profits.
• 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.
• 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.

International:
Desiree has a particular interest in the challenges faced by small jurisdictions and is an Associate of the Island Rights Initiative, a consultancy and think tank dedicated to helping small island communities facing global human rights challenges.
www.islandrights.org/about-us/

Desiree has 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.

Desiree has regularly advised, and, appeared in the appellate court of the Caribbean.

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

Reported Cases:

Williams (Appellant) v Supervisory Authority (Antigua and Barbuda) (Respondent) [2020] UKPC 15

This case concerned whether or not the Freeze and Civil Forfeiture Order regime pursuant to the Money Laundering (Prevention) Act 1996 as amended (the MLPA), Antigua and Barbuda, infringed the relevant clauses of the Constitution of Antigua and Barbuda. The case sets precedence for the entire Eastern Caribbean all with similar civil money laundering regimes.

Desiree was successful in this constitutional and public law case argued in the Privy Council which set predence and established conclusively that firstly, the MPLA does not infringe the constitutional rights of those against whom orders under these provisions bite; and, secondly, even if those orders did infringe on the Defendants' constitutional rights, the courts had a wide margin of appreciation and could, relying on section 20A(2) find that the breach was not disproportionate.

Watch the hearing: Morning session : Afternoon session

The Honourable Attorney General and another (Appellants) v Isaac (Respondent) (Antigua and Barbuda) [2018] UKPC 11

Desiree was successful in this administrate and public law case argued in the Privy Council which established conclusively that the procedure for obtaining an administrative law order did not fall under the same regime as that for obtaining judicial review. Watch the hearing: Morning Session. Afternoon Session.

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)

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.

You can see Desiree's entry in the Bar Standards Board's Barrister Register here.

Memberships:

• Non Executive Director - Editorial Board of Counsel Magazine
• Bencher Honourable Society of the Inner Temple
• The London Bar Association (member)
• ARDL
• South Eastern Circuit (member)
• Called to the St Lucian Bar

Articles/Publications:

ARTICLES:

• Desiree writes regularly for Counsel Magazine of which she is an Editorial Board Member. She has interviewed the Attorney General of England and Wales, Gary Younge, Editor-at-large of the Guardian Newspapers, Cherie Blair and Malcolm Bishop KC, Lord Chief Justice of Tonga, to highlight a few. Desiree is currently writing a book.
• LEADING THE WAY ON ETHICS - Counsel Magazine
• See other note-worthy articles by Desiree here