I am a Partner and Head of the Real Estate group.
I have 25 years’ experience in this area and have 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
- Legal 500 2022 (Property litigation) - ‘Brian Kilcoyne is so good that he tends to eclipse all lawyers around him. His quick but deep mind penetrates the essence of a problem and spots solutions that lesser mortals cannot‘
- Legal 500 2022 (Property litigation) - ‘Brian Kilcoyne is technically extremely strong and a savvy litigator‘
- Listed in Best Lawyers 2020 edition
- Legal 500 2023 (Property Litigation) ‘Brian Kilcoyne – one of the leading property litigation solicitors in the country with a huge amount of experience. Very clever and commercially astute.’ ‘Brian Kilcoyne – his technical legal knowledge is unrivalled and then when its combined with his beguiling manner and tactical instincts you want him with you not against you.’
- Chambers 2019 Ranked: Real estate: Litigation (London)
- Chambers 2019 - Brian Kilcoyne is "sought after for really complicated contentious cases - he has the perfect balance between professionalism and a friendly nature,"
- Listed in the Legal 500 Hall of Fame 2018
- Legal 500 2018 - Dilapidations are a particular specialism for practice head Brian Kilcoyne.