+44 (0)20 7353 2484 clerks@falcon-chambers.com

Fern Schofield

Called 2018

Fern Schofield

Fern Schofield (née Horsfield-Schonhut) practises in all areas of real property and landlord and tenant law, in both commercial and residential contexts. She has particular expertise in telecoms law and appeared as junior counsel, led by Wayne Clark, in the first case under the New Code to be heard in the Court of Appeal.

Fern’s recent cases and advisory matters have included the following areas:

  • Residential landlord & tenant, including possession proceedings, tenancy deposit claims, service charge disputes and enfranchisement
  • Commercial landlord & tenant, including forfeiture, dilapidations and opposed and unopposed renewals under the Landlord & Tenant Act 1954
  • Telecoms (primarily landowner)
  • Land registration
  • Easements
  • Adverse possession
  • Boundary disputes
  • Restrictive covenants
  • Nuisance and trespass
  • Mortgages, including FCA regulation and the position of the mortgagee on sale
  • Charging orders
  • Trusts of land and TOLATA
  • Education
    • BA Modern & Medieval Languages (German and French), Newnham College, University of Cambridge – First class
    • Graduate Diploma in Law, City University of London – Distinction
    • LLM in Professional Legal Practice, City University of London - Merit
  • Professional
    • Bar Professional Training Course, City Law School, London (Very Competent)
    • Jarman Advocacy Prize, Inner Temple, 2019 (highest pupil advocacy prize)
    • BPTC Exhibition Award, Inner Temple, 2017
    • Paul Methven Scholarship, Inner Temple, 2017
    • GDL Exhibition Award, Inner Temple, 2016
    • Creighton Memorial Prize, Newnham College, 2016 (outstanding dissertation)
    • Margaret Gardner Prize, Newnham College, 2016 (academic excellence)
    • Alastair Graham Scholarship, Alton College, 2010
  • Reported cases
    • EE Limited and Hutchison 3G UK Limited -vs- Aviva Investors Ground Rent Holdco Limited and Aviva Investors Ground Rent GP Limited [2021] UKUT 0057 (LC): Electronic Communications Code, When Para 26 interim rights appropriate, costs discretion
    • Vodafone Limited v Hanover Capital Limited [2020] EWMisc 13(CC) – Junior counsel, led by Kester Lees, in the first reported decision concerning determination of rent under the Landlord and Tenant Act 1954 where the renewed lease will be an agreement under the Electronic Communications Code.
    • On Tower UK Limited v. JH and FW Green Limited [2020] UKUT 0348 – Junior counsel, led by Kirk Reynolds QC, in the first Part 5 renewal determined by the Upper Tribunal under the Electronic Communications Code, concerning consideration payable for a rural greenfield site.
    • CTIL v Compton Beauchamp Estates Ltd [2019] EWCA 1755, CA – Junior counsel, led by Wayne Clark, in the first case under the new Electronic Communications Code to reach the Court of Appeal, concerning who is the ‘occupier’ for the purpose of granting code rights.
    • Bate v Affinity Water Ltd [2019] EWHC 3425 (Ch) – Junior counsel, led by Guy Featherstonhaugh QC, in a case concerning the legal basis of the presence of a water main, involving acquisition of easements by prescription and the exercise of statutory powers.
  • Publications
    • Telecommunications - Lease Renewal under the EC Code or 1954 At? (2021) 25 L. & T. Rev., Issue 6

    • Ringing the Changes: Government Consultation on the New Telecoms Code (2021) 25 L. & T. Rev., Issue 4

    • A new lease of life: the first renewal under the Electronic Communications Code (2021) 25 L. & T. Rev, Issue 3

    • Tenancy Renewals of Telecommunications Sites (2021) 25 L. & T. Rev, Issue 1.