Morayo Fagborun Bennett

Morayo specialises in all areas of landlord and tenant and property law.

Recent cases include Charalambous v Ng [2014] EWCA Civ 1604 (tenancy deposit schemes), Coope v Ward [2015] EWCA Civ 30 (easement of support and measured duty of care) and Farah v Hillingdon LBC [2014] EWCA Civ 359 (intentionality and homelessness). She also regularly acts in disrepair and dilapidation proceedings, service and estate charge disputes and residential and commercial lease renewals.

Morayo’s public law practice includes community care, Court of Protection, deprivation of liberty, welfare benefits, homelessness, judicial review and discrimination law. Recent cases concerned the community care needs of life sentenced prisoners, a deprivation of liberty case on the interface between the MCH and MCA and a test case on the lawfulness of the current practice adopted by decision makers in Employment Support Allowance assessments.

Morayo’s commercial practice covers contractual disputes in the property and employment sectors advocating in the courts and tribunals. A speciality is cases involving multiple discrimination complaints. Morayo came to the law with a background in philosophy and theology, graduating from St Hilda’s College, Oxford in 2000 with a 2:1. Her Masters in Crime, Human Rights and the International Community achieved a Distinction.

She attained a commendation in the Common Professional Examination and was graded outstanding on the Bar Vocational Course in 2004.

Contributed to

11

Acceptable behaviour contracts and local authorities
Practice Note

This Practice Note explains what acceptable behaviour contracts (ABC) are and the circumstances in which they can be effective for use in managing anti-social behaviour in the community. Also covered are guidelines for holding a meeting to set-up an ABC, how to monitor and deal with breaches of the agreement.

An introductory guide to damages in judicial review
Practice Note

This Practice Note provides an introductory guide to applications for damages in judicial review proceedings, with reference to examples from case law. It examines the circumstances in which an application for damages may arise and the considerations for a public authority dealing with an application. It also includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings.

Assignment and succession of tenancy
Practice Note

This Practice Note discusses assignment and succession of tenancy, with reference to the Housing Act 1985, the Localism Act 2011 and the Housing Act 1988. It explains that assignment of a secure periodic tenancy is prohibited except in three situations. With effect from 1 April 2012 a registered social landlord can include express provisions in their tenancy agreements granting additional succession rights for assured tenants.

Avoiding a judicial review
Practice Note

This Practice Note sets out some practical tips for a public body to consider during the decision-making process, with a view to reducing the risk of challenge by judicial review. Both robust decision-making processes and prompt handling of claims pre-action and through alternative dispute resolution will save time and costs downstream. This Practice Note also deals with the steps a public body can take to protect itself and includes a checklist of matters of good practice to help reduce successful permission applications.

Costs for judicial review—general principles
Practice Note

This Practice Note sets out the general position on costs in judicial review proceedings with reference to some specific examples such as cases involving official bodies and immigration cases.

Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners
Practice Note

This Practice Note considers the principles and procedure for the issuing of protective costs orders (PCOs) in public law proceedings and judicial review costs capping orders (JRCCOs), which replaced PCOs for judicial review claims in 2016. It also explains the rules on costs for interveners in judicial review proceedings.

Duty of candour and disclosure requirements in judicial review
Practice Note

This Practice Note examines the duty of candour in judicial review, with a particular focus on the defendant’s obligations. All parties to judicial review proceedings are under a general duty of candour to disclose facts and information relevant to the proceedings. The general duty of candour places a particular burden on public authorities to evidence relevant information in order for the court to evaluate the facts, without being reminded to do so. Failure to disclose, even where the information will assist the claimant’s case, can lead to specific disclosure requests and affect the outcome of the case including punitive cost orders.

Judicial review time limits—extensions and urgent cases
Practice Note

This Practice Note explores the time limits for judicial review. In particular, it looks at the circumstances in which the Administrative Court has agreed to hearing cases that are out of time, allowing applications for extensions and the circumstances for urgent judicial review cases.

Rent setting and regulation
Practice Note

This Practice Note explains how the level of rent a tenant pays is calculated and determined for both public and private tenancies under assured, assured shorthold or Rent Act. Also covered is the process for increasing rent, the appeals process and registering rent under a Rent Act tenancy, and issues of challenging an assured or assured shorthold rent.

Other work

Practice areas

Qualifications

  • Buchanan Prize 2004
  • IDS Brief Prize for Employment Law 2004
  • Sibel Dedezade Pro Bono Award 2004
  • Hardwicke Scholar 2003
  • Lord Bowen Scholar 2002

Panel

  • Consulting Editorial Board
  • Contributing Author
  • Q&A Panel

Education

  • CPE. City University (Commendation)
  • MA (Westminster) Crime, Human Rights and the International Community (Distinction)
  • BVC, City University (Outstanding)
  • MA (Oxon) Philosophy and Theology (2:1)

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