Real Estate Disputes
We deal with all types of property dispute.
- 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)
- property insolvency
- housing management
- ADR (including arbitration, expert determinations and mediations)
We also advise clients on how to avoid disputes and minimise property-related risk.
Marathon Asset misses the jackpot again12 April 2017
After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.
Expert Witnesses16 March 2017
This guide provides a general introduction to the use of experts in court proceedings. The rules governing expert evidence are found in Part 35 of the Civil Procedure Rules, Practice Direction 35, the Court Guides and the Guidance for Instruction of Experts in Civil Claims published by the Civil Justice Council. This guidance will highlight the main points you need to know, consider issues often encountered and offer some practical tips.
Estate agent unable to claim his fee on successful property sale17 February 2017
The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.
Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim14 February 2017
A recent decision not only reminds practitioners of a defendant’s ability to force a claimant to either serve proceedings or discontinue a claim by using a CPR 7.7(1) notice, but also considers for the first time the date for compliance with such a notice.
Legal advice privilege: Not as wide as you think?08 February 2017
Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.
Further update on warrants following suspended orders22 December 2016
New Court form for Warrant Requests following suspended possession orders21 December 2016
The Court Service has released a new Request to Issue a Warrant for Possession form which is to be used where a possession order has been suspended on terms requiring the payment of rent and arrears.
What’s obvious to some is not obvious to all: Supreme Court espouses a conservative approach to implied terms18 January 2016
“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where a tenant validly terminates the lease early. If you think that, you were in good company and indeed many landlords would voluntarily reimburse rent paid for the period after the termination date even where the lease did not expressly require this. Why? – because it was it was the right thing to do, obviously!