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Real Estate Disputes

We deal with all types of property dispute.

This includes: 

  • land acquisition, development and use, commercial landlord & tenant, housing and residential, property finance/insolvency and negligence
  • money claims, enforcement and injunctions, declaratory relief, emergency applications, and bespoke claims under statute

We deal with investors, developers, landlords, tenants, corporate occupiers, retailers, registered providers, banks and high net worth individuals.

We litigate in all forums: Privy Council and Appeal Courts, High Court & County Court, property and other tribunals, arbitration and expert determination and ADR/mediation. 

We have particular expertise and experience in:

  • rights of light, easement and restrictive covenant matters
  • site clearance – including squatters and large scale protester action
  • leasehold consents
  • break clauses
  • rent review and other property valuation disputes (including overage)
  • dilapidations
  • property insolvency
  • housing management
  • enfranchisement
  • ADR (including arbitration, expert determinations and mediations)

We also advise clients on how to avoid disputes and minimise property-related risk.  

Related items

You’ve started – so you’ll finish

11 June 2018

Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention.

Supreme Court upholds requirement to record variations in writing

24 May 2018

Rock Advertising Limited v MWB Business Exchange Centres Limited is an important case. In fact, the opening paragraph of Lord Sumption’s judgment describes it as an “exceptional” appeal, raising “truly fundamental issues” of contract law.

Dispute Resolution Update - May 2018

24 May 2018

Welcome to the May 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.

Construction Law Update – Fighting back against “Smash and Grab” Adjudications

21 May 2018

The case of Grove Developments Ltd v S&T (UK) Ltd (February 2018) is worthy of note, not least because it potentially provides employers with a quick means of reclaiming the loss suffered, following a “smash and grab” adjudication by starting its own adjudication on the true value.

Liquidator loses protection of a freezing order following serious failings at earlier ex parte hearing

14 May 2018

In Banca Turco Romana S.A. (in liquidation) v Cortuk and Others, the Commercial Court in London has underlined the need for applicants to give full and frank disclosure when seeking relief at ex parte (without notice) hearings.

Mediation

02 May 2018

Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties. If successful, mediation can save the time and costs of fighting a dispute through the courts or in arbitration.

Service of a Claim Form by email – get it wrong at your peril

27 March 2018

Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps.

This is my advice. By the way, it might be wrong!

05 March 2018

When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue.

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