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Wesley Potterton

Property and Social Housing


BSB Barristers’ Register

Wesley built up over two years’ experience representing private and social landlords in possession hearings as a solicitor’s agent.

Possession

Wesley has many years of experience assisting Private and Social Landlords in possession matters at first hearings, case managements and trials. He often deals with complex cases involving Equality Act and Human Rights Act proportionality considerations as well as serious ongoing anti-social behaviour. He has experience with housing fraud matters and issues surrounding the succession of secure and assured tenancies. He represents a Ministry of Justice-approved Bail Hostel provider in their excluded licence possession claims.

Wesley also has a busy paperwork practice drafting court pleadings on behalf of Councils and Social Landlords. He also provides oral and written advice on complex possession issues and regularly contributes to Chambers’ blog on housing law updates.

Civil injunctions & Committal Applications

Wesley regularly attends applications for civil injunctions, including final contested hearings. He provides advice on the terms of injunctions, issues surrounding the tenant’s mental capacity, and interlinked possession proceedings.

Wesley frequently represents Councils and Social Landlords at committal hearings from first appearance to contested breach trials. He had an in-depth understanding of the complex procedural requirements for committal proceedings and is an experienced trial advocate.

Disrepair & Fitness for Human Habitation

Wesley has a busy disrepair practice attending fast-track disrepair trials on behalf of Councils. This often involves issues of significant complexity including sustained water penetration with multiple expert reports, vulnerable tenants, and issues surrounding notice and access to undertake works.

Wesley has a busy paperwork practice including drafting pleadings, advising on liability and quantum, and considering issues of legal costs including Part 36 Offers. He has also considered the interlinked obligations of the intermediate and superior landlord, and drafted Part 20 additional claims against Freeholders.

Wesley provides training on behalf of Councils and Social Landlords on the law surrounding disrepair and fitness for human habitation claims.

Cases

S v B – Successfully secured outright possession for the Council after a 1-day trial before a Circuit Judge, on the basis of the Defendant’s repeated anti-social and criminal behaviour.

W v H – Relief from sanctions obtained. Obtained relief from sanctions on behalf of the local authority and brought the claim back on track, after it had been struck out due to non-payment of court fees.

N v H – Successfully secured a possession order after legal argument. Secured possession after successfully countering the duty advisor’s submissions that the agreement was a tenancy rather than a licence, the notice to quit was defective and it had not been properly served. Secured possession in 14 days despite the Defendant seeking 42 days to vacate.

B v T – Defendant remanded in custody in committal proceedings during the adjournment to obtain legal advice. This provided peace of mind for his elderly neighbour whom he had threatened and at the adjourned hearing (with legal representation) the Defendant ultimately surrendered his tenancy and an exclusion order was granted preventing him from entering the area.

B v B – Defendant remanded in custody for multiple proven breaches of civil injunction following contested breach trial with numerous witnesses called by the Council.

E v M – Persuaded the Judge to strike out the tenant’s claim for disrepair. The Court had previously provided directions for trial despite the tenant’s own expert evidence not supporting any claim for disrepair. With reference to the law and the landlord’s updated expert report the Judge was persuaded to strike out the claim.

Civil


Wesley is experienced in dealing with personal injury matters including infant approvals, Stage 3 disposal hearings and small and fast track road traffic collision trials. He has a particular expertise in the law and issues surrounding credit hire.

Wesley also regularly attends small and fast track trials on behalf of individuals and businesses bringing and defending claims.

Wesley is developing a paperwork practice providing written advice as well as drafting court pleadings.

Cases

O v N (On Appeal) – Successfully represented parking firm on an Appeal against a District Judge’s decision to strike out the parking claim on the papers as an abuse of process. Strike out decision reversed and claim remitted for a trial on the merits.

T v H – Successfully represented Defendant in road traffic small claims trial despite his admission that he had improperly parked his car close to a junction.

Employment


Wesley is an experienced member of the Employment team. He regularly represents Councils in claims in the Employment Tribunal, from unfair dismissal claims to more complex discrimination and whistleblowing claims.

Wesley also provides assistance in more complex cases, providing advice on liability, quantum and settlement. He regularly drafts ET3 grounds of resistance as well as counter-schedules of loss and other tribunal documentation.  

Wesley contributes to Chambers’ Employment Breakfast Seminar, previously providing a presentation on the issue of employment status in the ‘gig economy’.

Cases

E v M – Claim dismissed in respect of Respondent Council. Represented respondent Council defending a TUPE claim at a preliminary hearing, claim dismissed against the Council on the basis the Claimant’s contract had been TUPE’d over to the second Defendant.

A v B (Parties Anonymised) – Successfully persuaded Judge to strike out Claimant’s claim against NHS Trust due to it being brought out of time.

G v S – Persuaded Judge to strike out part of the Claimant’s claim as being brought out of time.

Crime


Wesley frequently prosecutes and defends in the Crown Court, Magistrates’ Court and Youth Court.

Cases 

R v T – Theft from employer. Acquittal secured. (Successfully defended care worker charged with stealing money from her recently deceased employer)

R v H – Assault by beating. Acquittal secured on the basis of technical legal argument.

R v M – Assault by beating. Acquittal secured for vulnerable client.

R v W – Youth Trial – legal argument – referral order secured for Robbery conviction.

Persuaded Judge that a Newton hearing was not required to determine whether the Defendant had used a knuckle duster in the robbery or not. Additional hearing avoided and referral order secured.

R v R – Sentence hearing, avoided custodial sentence for a burglary despite adverse Probation report. The Defendant had been given a deferred sentence to undertake a drug treatment programme, he had failed to comply with this and instead of attending the adjourned sentence hearing had been shoplifting instead. Wesley persuaded the Judge to give him one last chance to get treatment for his drug addiction.

 

R v H – Solicitor client acquitted of offences under the Child Support Act for failing to provide information about her client’s property conveyance after legal argument.

 

R v H – Client was a nurse of good character accused of assaulting a pub landlady. She was acquitted after a Magistrates’ Court trial

Regulatory and Local Government


Wesley frequently prosecutes on behalf of local authorities on a range of matters including environmental, Education Act and parking offences.

He also prosecuted on behalf of trading standards in a trial relating to counterfeit and dangerous cigarettes.

Wesley also represents police forces for various applications including domestic violence and anti-social behaviour.

Wesley is also experienced both attending court and advising Councils on unauthorised traveller encampments.

Cases 

R v B – fly-tipping –secured forfeiture of the Defendant’s flat-bed van on conviction.

R v S – successful prosecution of shop owner for possession of counterfeit and dangerous cigarettes after trial on all 12 charges. Cigarettes were hidden behind a plug socket and inside a cavity in a store-room door.

R v W – successfully prosecuted parent of aggravated non-attendance offence after trial

Direct Access


Wesley can accept direct instructions across all his practice areas in appropriate cases.

Please contact the Clerking Team by email clerks@12cp.co.uk if you would like to instruct him directly to provide advice, draft documents or represent you at a hearing.

For further information on Direct Access please take a look at the Direct Access page on our Chambers’ website.

For details of fixed prices for certain types of hearing see the link below:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A0a44d600-5951-4c30-b63d-f64d13a5ca0d#pageNum=1