Naomi Hawkes: Judge of the Property Chamber

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“In my experience, the work is specialist yet varied, the working environment is supportive and friendly, and the role is interesting and extremely rewarding.”

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Background

Looking for a change of direction when studying science and mathematics at A-level, I was drawn to the law. This was because law seemed to combine precision in reasoning with an emphasis on effective communication and choice of words, and it also seemed to touch upon most, if not all, aspects of life.

In 2011, I was appointed a Legal Chair of the Leasehold Valuation Tribunal (LVT). I applied via a JAC competition after an opponent in a trial in which we were both acting as barristers told me about the opportunity. He was already sitting as an LVT Chair and the role sounded interesting and rewarding. I became a Fee-paid Judge of the Property Chamber, Residential Property Division, in 2013, when the LVT transferred to the Property Chamber.  

Application

In 2018, I was appointed a Fee-paid Judge of the Property Chamber, Land Registration Division, and a Fee-paid Judge of the War Pensions and Armed Forces Compensation Chamber. I also act as a Mediator in both the Land Registration and Residential Property Divisions. In 2022, I was appointed a Recorder. When it comes to the JAC application process, I have found it particularly helpful to have my examples of the competencies prepared well in advance because the window for submitting the applications is relatively short.  

The role

I greatly value all of these judicial roles and, for this case study, I have been asked to speak about the work of the Residential Property Division of the Property Chamber. Whilst this is a specialist jurisdiction, it covers a wide range of areas including service charge disputes, leasehold enfranchisement, appointment of manager, right to manage, financial penalties, rent repayment orders, fair and market rent cases, building safety, banning orders and others. Since I started sitting in 2011, the jurisdictions have expanded and evolved, and they are likely to continue to do so. Interesting legal issues often arise and there is also plenty of support in terms of formal training and opportunity for informal discussions with colleagues. Every new judge is allocated a mentor.

I have heard cases which have ranged in financial value from less than £100 to over £8 million, all of which are of great importance to the parties. Many litigants represent themselves and it is possible to appoint a non-legally qualified person to act as a representative. This could include the valuer in leasehold enfranchisement case.  I sat on one case in which over 35 self-representing parties appeared against a silk. That is unusual, but it is not uncommon for one or all sides to be unrepresented or for there to be a number of different parties.  There are, of course, also cases in which all sides are legally represented throughout.

This is an expert Tribunal in which the composition of the Panel varies to reflect the nature of the litigation. Judges may sit with Surveyors and Valuers, Environmental Health Officers, Building Safety Experts and other expert and professional members, often benefiting from decades of experience.

Occasionally, when hearing particularly complex disputes, I have sat with two experts.  Panels may also include Lay Members, who bring a complementary perspective to that of lawyers and property professionals.

In my experience, the work is specialist yet varied, the working environment is supportive and friendly, and the role is interesting and extremely rewarding.

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