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Brian Kilcoyne

Brian KilcoynePartner

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I am a Partner and Head of the Real Estate Litigation team.

I have 25 years’ experience in this area and has been recognised in the Legal Directories since 2000, described variously as “a very, very able property litigator”, “acutely clever”, “commercial” and providing “superb client care”.

I cover all areas of commercial property dispute resolution with particular expertise in leasehold dilapidations, rights of light/restrictive covenant cases and property valuation (including rent review). I have litigated at every level – from a £6 billion sale dispute to grazing rights on a Welsh mountain. I have litigated in all forums (including trial and appeal courts, tribunals, arbitrations and ADR). I have a BA (Oxon) in Jurisprudence and have been a partner since April 2000. I am a member of the Property Litigation Association, was a former member of the RICS Dilapidations Forum Steering Committee and am a contributing editor to the RICS Dilapidations Guidance Note.

Real Estate Dispute Resolution

My primary focus is higher-value, commercial property litigation – with a particular focus on development disputes (including site clearance, rights of light and other easements, restrictive covenants, and overage) and commercial L&T (including break clauses, rent review and dilapidations). I also have substantial experience of residential disputes (including freehold management companies and enfranchisement). My current caseload includes:

  • a £multi-million property joint-venture shareholder dispute with a substantial valuation element
  • rights of light advice on a major London development
  • an interim dilapidations claim concerning a railway bridge
  • the enforcement of a secured, multi-million pound loan
  • LTA 1954 Act proceedings to remove tenants from a development site 

Awards & Recognition

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