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.
Trespassers will be prosecuted.....or will they?19 December 2018
Trespassers or “squatters” can present major issues for owners of commercial land and buildings.
Disclosure Pilot Scheme already making an impact as High Court orders list of “issues for disclosure”12 December 2018
The mandatory Disclosure Pilot Scheme may not start in the Business and Property Courts of England and Wales (“BPCs”) until 1 January 2019, but it seems the courts are already taking the new rules into account. In one reported case, the High Court has ordered a separate “list of issues for disclosure”, which will have to be jointly completed by the parties as part of the new Disclosure Review Document required under the Pilot Scheme.
Sohrab Daneshku writes for The Law Society Gazette: Witness statements – rip them up and start again?27 November 2018
Sohrab Daneshku has written an article for The Law Society Gazette which discusses the review led by Mr Jutice Popplewell into the rules on witness statements, including whether the rules should be changed and, if so, how.
Major overhaul to disclosure coming: are you ready?23 November 2018
Yesterday our commercial dispute resolution specialists Mark Lim and Paula Barry hosted a discussion about fundamental changes to the disclosure process that are due to come into force on 1 January 2019 as part of a two-year pilot scheme that will run in the Business & Property Courts across England and Wales.
Disclosure: avoiding the pitfalls22 November 2018
This guide provides you with a general introduction to the obligations of disclosure in Court proceedings. The rules governing disclosure are found in the Civil Procedure Rules Part 31 and the surrounding case law. This guide will highlight the main points you need to know, consider the problems often encountered and offer some practical tips.
Major overhaul to disclosure coming: are you ready?22 November 2018
Documents win and lose cases. On 1 January 2019, fundamental changes to the disclosure process are due to come into force as part of a pilot scheme in the Business & Property Courts across England and Wales.
Andrew Wanambwa writes for FT Adviser: Unexplained Wealth Orders15 November 2018
In an article for FT Adviser, Andrew Wanambwa discusses the powerful new weapon in the armoury of enforcement agencies, unexplained Wealth Orders (UWOs).
Out of court appointments of administrators: a return to reason13 November 2018
When appointing administrators out of court, there is requirement to specify the date and time the appointment is made. This is a development arising since April 2017 as a result of the Insolvency Rules 2016 coming into force. Given that appointments are generally effective at the point of filing, it has been unclear how (absent a crystal ball) practitioners should address the requirement when preparing the Notice of Appointment form. A recent High Court decision resolves the issue, confirming that a notice making reference to a future filing is acceptable.