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.
Protests against LGBT teaching at Birmingham Primary School20 June 2019
The Public Sector Equality Duty provides that public authorities have a duty to eliminate discrimination, harassment and victimisation whilst advancing equality of opportunity and fostering good relations between people who share a relevant protected characteristic and people who don’t share it. Primary schools in advancing LGBT rights and fostering good relations have been met with protests and demonstrations which Birmingham City Council sought to restrain by injunction.
Litigation Costs20 June 2019
We have updated our Guide to Litigation Costs, which provides a general introduction to the recovery of litigation costs from your opponent. It discusses general principles as well as issues that may arise during the course of litigation, providing practical guidance as to how to secure the best recovery.
Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate04 June 2019
In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
The ‘Dominant Purpose Test’ Applies to Legal Advice Privilege For Now – But Will it Stay That Way?28 May 2019
The aviation regulator, the Civil Aviation Authority (“CAA”), has reportedly asked the Court of Appeal for permission to appeal a High Court ruling that the dominant purpose test applies to legal advice privilege. The High Court itself refused permission to appeal, confirming its earlier ruling that if a multi-addressee email is sent internally to non-lawyers for the dominant purpose of seeking commercial views, and an in-house lawyer is copied in – for information or even for legal advice – the email as sent to the non-lawyer is not protected by legal advice privilege unless it (or any response) discloses the nature of the legal advice.
Secure future: Good news for tenants in relation to their retail premises29 April 2019
Whilst recent years has seen a trend for retailers to shift from a store-based past to a digital future, for many retailers having a high street presence remains an important part of their brand. Indeed for some retailers, (particularly high end fashion labels) it is critical for their flagship store to be seen to be in a prime location to contribute to the luxury image associated with their brand and they will often pay substantial premiums to ensure they secure a lease of a prime site. Further significant sums will subsequently be spent on the shop fit-out.
Dispute Resolution Update - April 201924 April 2019
Welcome to our April 2019 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.
Harry Potter, Fracking, eco-warriors and ‘mob rule’ or freedom of expression – the Court of Appeal decides in the Ineos injunction case04 April 2019
Where is the dividing line between mob rule and lawful freedom of expression? This is one of the leading questions of the day. Should students be permitted to invite politicians with extreme views onto campus? Should a celebrated Oxford law professor be sacked for alleged homophobia? What about Brexit? Should protestors be arrested for confronting our MPs and expressing their views? And companies carrying out their lawful business – should they be allowed to do so without interference from protestors?
A guide to the litigation process21 March 2019
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.