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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

Early Specific Disclosure Applications – factors the court will consider

22 January 2018

A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.

English courts and overseas defendants: jurisdiction challenges and the “two-fold test”

15 January 2018

When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.

Compulsory mediation?

11 January 2018

In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.

Disclosure in English litigation: a sea change is coming

09 January 2018

English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.

Erosion of privilege – Law Society seeks to intervene

08 January 2018

The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).

Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client

12 December 2017

The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.

Enforcing arbitral awards in England & Wales

12 December 2017

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

A guide to the litigation process

15 August 2017

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

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