SanMari Martins

  • Year of Call 2008

Instruct SanMari

Introduction

Introduction

SanMari enjoys a diverse practice, she is regularly instructed to advise on and represent clients in relation to a range of commercial, property and housing, planning and licencing disputes, regulatory, education, care and supervision and Court of Protection matters. 

SanMari's work includes advice given in relation to matters concerning the interpretation and performance of commercial contracts, building works contracts, the title to and ownership of property, and to both the duties owed by property owners (including private landlords and Local Authorities) property managers, and proceedings for possession of property.

SanMari practices in both public and private children law. She has a broad expereince representing local authorities, parents and children.

SanMari's growing Court of Protection practice instructions often overlap with the use of the High Court's inherent jurisdiction permitting Local Authorities the power to deprive children form their liberty to ensure their protection and proper care.  

SanMari has extensive experience of heavy litigation and complex disputes, both domestic and international.

She has a busy court practice, she receives instructions to appear in trials, and has experience of handling both lay and expert witnesses. She also appears in appeals, CMCs and interlocutory hearings.

She is instructed in the High Court and County Court, and has acted in arbitration claims under a range of procedural rules. 

 

Commercial

Commercial

SanMari came to the Bar as mature student from a commercial background which affords her the ability to provide clients with an innovative and commercial service. Her practice covers a broad range of commercial and chancery litigation at all stages of litigation.

SanMari can advise on tactics and procedure before a contract is terminated. She can provide advice and assistance in progressing claims, assessing and presenting claims for damages, and resolving disputes without litigation. The areas of her commercial practice include, Business contracts, Consumer contracts, Sale of goods (domestic and international), Supply of services and particularly insurance contracts.

SanMari regularly receives instructions from both insurers and the insured in litigation, mediation of policy liability and quantum disputes, including:
• Disputed policy coverage on all types of policies (e.g. EL, PL, products liability, composite commercial, property, goods in transit, professional indemnity, payment protection, legal expenses)
• Defending or advancing claims involving material damage – fire, flood and subsidence; and liability – occupiers’ liability, employers’, professionals’, property owners’, motor, product
• Fraud
• Professional negligence claims involving insurance professionals (e.g. brokers, loss adjusters, loss assessors)
• Subrogated recovery actions by insurers against third parties.

SanMari has a keen interest and is well-versed in marketing and advertising law.

In 2014 she contracted her time out to a new-law based business. She has had hands-on involvement with the development of an animated advertisement which was featured on national television.

Her legal project management experience includes, the delivery of advertising production specific legal advice (data protection, online publication, copyright, regulation of the media, negligent misstatement) and contract drafting.

 

Consumer Rights

Consumer Rights

SanMari undertakes work involving all aspects of Consumer Protection law. She receives instructions in matters relating to claims under the Consumer Rights Act 2015, Sale of Goods Act 1979 etc. Where relevant to disputes over, the sale and supply of goods, supply of services, commercial contracts, consumer contracts, carriage of goods, business to business contracts, warranty breaches and, building and construction contracts. 

She has a particular interest in contractual disputes between consumers and builders, and her regular clients include consumers, traders, individuals, sole traders, family businesses, small retailers and commercial organisations. 

SanMari offers in-depth knowledge and practical skills of the building trade and planning law practices. She offers pragmatic advice in relation to all aspects of building contracts disputes. 

 

Commercial Landlord and Tenant

Commercial Landlord and Tenant

SanMari's Commercial Landlord and Tenant clients include, individuals and companies, small and large property owners, business tenants, local authorities, and business tenants.

She receives instructions involving commerial landlord and tenant, residential landlord and tenant, forfeiture and possession, termination of commercial tenancies and leases, termination of residential tenancies and leases, dilapidations, direpair, service charges, right to manage and social housing disputes. 

Property

Property

SanMari frequently advise on matters concerning disputes over right to property and property boundaries. Her work extends to matters before the civil courts where injunctive relief is sought, claims for declarations, and damages for trespass and negligence. She has a keen interest in advising and representing clients falling victim of encroachment, neighbour noise and nuisance caused by (planning permission based) authorised building works. 

Planning & Environment

Planning & Environment

SanMari undertakes most forms of Local Government work. She regularly prosecutes and defends Local Authority planning and Housing Act 2004 matters in both the Crown and the Magistrates’ Court.

Her interest and practice is enforcement focussed, and extends to cases involving breaches of Planning Enforcement Notices, unauthorised work to listed buildings, appealing abatement notices, fly-tipping and cases were breaches of enforcement notices result in criminal sanctions. 

SanMari has a particular interest in cases involving enforcement actions by injunction and contempt proceedings. 

Her private client base includes landowners and farmers, and involve technical challenges to Enforcement Notices relevant to the use of land, quarry and land restoration, breaches of condition of planning permission and Interim Development Orders. Together with the defence of allegations of breaches under the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Town and Country Planning Act 1990, and non-compliance with the Town and Country Planning Control of Advertisement (England) Regulations 2007 etc.

 

Licensing

Licensing

SanMari's Licensing practice continues to rapidly evolve. She regularly receives instructions in matters pertainng the sale of alcohol, entertainment venues, taxi', scrap metal, street trading and sexual entertainment venues and more.

SanMari acts both in an advisory and advocacy capacity, and has substantial experience of representing clients at hearing before Licencing sub-committees, appeals to magistrates’ courts and the Crown Court, tribunal proceedings and appeals, appeals by way of case stated and judicial review claims. 

SanMari regularly acts for Local Authorities and the Metropolitan Police. 

SanMari has a particular interest in Local Authority Enforcement where it overlaps with the Housing Act. She is also regularly instructed to advise as to litigation tactics and evidence. She has been instructed in a number of cases involving Local Authorities enforcing housing regulations against landlords.

In 2017 SanMari represented the West Lindsey District Council in the prosecution of four landlords under a selective licensing scheme at the Magistrates Court at Lincoln. Collectively all four landlord incurred fines totalling £213,000 for 15 Offences to comply with selective licensing – to date, believed to be the highest fine in the England and Wales.

 

 

Regulatory

Regulatory

SanMari is an accomplished Regulatory practitioner. SanMari has experience of representing professionals in matters brought by their respective profession bodies including, but not limited to;

– The Solicitors Regulation Authority

– ILEX Professional Standards

– The National College for Teaching and Leadership

She has been able to draw upon her knowledge gained from working in-house at Solicitor’s firms. Prior to completing pupillage SanMari spend time employed as an advocate with a Legal 500 firm practicing in Costs, Insurance, Personal Injury (including Clinical Negligence), Regulatory (including General Teaching Council prosecution) and Coronial Law. She has appeared at inquests on behalf of medical (doctors, dentists, nurses) practitioners and insurers, involving both medical, scientific and reconstructive evidence.

Care & Supervision

Care & Supervision

SanMari practices in both public and private children law and has a growing Court of Protection practice.

She has a broad experience representing local authorities, parents and children. In private proceedings she represents clients in a wide range of Section 8 Children Act 1989 matters, which include matters involving disputes over contact, residence, parental responsibility, prohibited steps orders and applications to remove the child from the jurisdiction.  These matters often overlap with applications for injunctions, relevant to domestic violence disputes, pursuant to the Family Law Act 1996.

SanMari often appears and advises in Court of Protection cases, involving property and affairs, and, health and welfare decisions. She regularly receives instructions to act for Local Authorities, the Office for the Public Guardian and private individuals.

SanMari is Public Access qualified and welcomes instructions from family members requiring advice on the merits of applying for a Lasting Power of Attorney in cases of elderly relatives with degenerative diseases become unable to make decisions regarding the management of their financial affairs, or where they no longer have mental capacity to make decisions about their health and welfare. 

SanMari also often appears in cases overlapping the use of the High Court's inherent jurisdiction permitting Local Authorities the power to deprive children form their liberty to ensure their protection and proper care.  

Education

Education

SanMari acts for a wide range of clients in a variety of education disputes. She often advises, local authorities and schools, colleges and universities, governors, examination boards, pupils, students and their families. 

Prior to completing pupillage, SanMari was employed by the National College for School Leadership and Children Services, first as part of the Building Schools for Future department and later within the National Professional Qualification for Headship (NPQHR) team.

Her expertise include areas such as admissions and exclusions, special educational needs disputes, examination, school transport, education outside school and attendance disputes. 

She regularly sits as a Legal Clerk to independent panels conviened under the School Framework and Standards Act 1998, and appears in all Courts and tribunals where issues of education law arises.