“a very good set”
Legal 500 2016
Our property and private client team offers expertise on the full range of property law and private client matters. We provide advice and advocacy on everything from boundary disputes to commercial dilapidations, and our private client experts have comprehensive knowledge of wills, probate and trusts.
Our property and private client team is 19 members strong, with barristers at all levels of seniority and including a recorder.
Individual members are ranked both in Chambers and Partners 2017 and the Legal 500 2017 in real estate litigation and social housing. Members of the team have been described as: “very approachable”, “suave, sophisticated … with a razor-sharp intellect”, “very thorough” and leaving “no stone unturned”.
Barristers within the team are members of the Property Bar Association, Chancery Bar Association, Professional Negligence Bar Association and the Association of Contentious Trusts and Probate Specialists.
We have a comprehensive programme of seminars presented in chambers and in-house to solicitors. Please contact us for details or to discuss how we may assist with any specific learning objectives. Our biannual newsletter is available on request.
Areas of expertise
Our barristers provide specialist advice and robust advocacy and regularly appear at all levels of courts and tribunals in England and Wales. We offer advocacy and advice arising related to the following areas:
- Enforcement of contracts for the sale of land, development agreements and overage
- Easements and rights of way
- Restrictive covenants
- Boundary disputes
- Adverse possession
- Land registration
- Mortgage claims
- Proprietary estoppel
- Party walls
- Property related professional negligence
Landlord & Tenant
- Residential and commercial landlord and tenant disputes
- Forfeiture and possession claims
- Renewal of business tenancies and rent reviews
- Dilapidations and disrepair
- Leasehold enfranchisement
- Rights of first refusal
- Right to manage
- Service charges
- Harassment and unlawful eviction
- Anti-social behaviour by tenants
- Allocation of housing and homelessness
- Trusts, wills and probate
- Claims under ToLATA 1996 and cohabitation
- Proprietary estoppel
- Validity of wills and testamentary capacity
- Intestacy and succession
- Administration of estates
- Express, constructive and resulting trusts
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
We act for property developers, commercial landlords and tenants, large corporate clients, water companies, pension funds and local authorities all around the country, as well as for individuals who are landlords, tenants and property owners. We also represent clients involved in disputes over the ownership of property including claims to interests arising by virtue of constructive trusts and/or proprietary estoppel and in contested probate proceedings and claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Recent notable cases
- Patrick v McKinley  EWCA Civ 2068, resisting, at trial and on appeal a claim for equitable proprietary interest in various properties said to arise out of promises made during a relationship spanning many years. (William McCormick QC and Angus Gloag)
- Southwark LBC -v- Akhtar & Stel LLC  UKUT 150 (LC) A successful appeal by Southwark against the decision of the First-Tier Tribunal that service charge notices it had served against tenants were invalid by reason of waiver.
- Oldcorn -v- Southern Water Services Ltd  EWHC 62 (TCC) &  EWHC 460 (TCC) Successful defence to a claim by property owners that negligently fitted flow-restricting valve had been cause of flooding and consequent damage to their property.
- SSJ Properties -v- Osinaike  EWHC 1454 (Ch) Error in drafting settlement agreement in dispute over the validity of a contract for the sale of land was corrected by process of construction of the agreement.
- MWB Business Exchange Centres v Rock Advertising Limited  UKSC 24 A contractual term in a licence to occupy managed office space against any oral variation of the contract did not in fact preclude an oral agreement to re-schedule the licence payments and that recovery of arrears and the property would not be empty amounted to consideration for such variation. This case is awaiting a further appeal hearing in the Supreme Court.
- Hogg -v- Edery  EWHC 942 Successful appeal against the order of a Master granting summary judgment for £579,000 on part of a claim based upon on the interpretation of a contract for the sale of land in isolation from other disputes in a multi-million pound claim.
- Home Group Ltd -v- Matrejek  EWHC 441 (QB) A possession claim based on anti-social behaviour grounds that had been dismissed because of the landlord’s failure to attend a directions hearing was reinstated.
- Scullion -v- Bank of Scotland  EWCA Civ 693 Valuer’s liability in respect of alleged negligent buy-to-let mortgage valuation.
- Guy -v- Barclays Bank Plc  EWCA Civ 1396 Attempt to re-open appeal on contentious issues as to what amounts to a mistake which may lead to rectification of the Land Register.
Meet the team
Property & private client news
On Tuesday of this week HHJ Hacon (sitting as a Deputy High Court Judge) handed down judgment in the case of De Muller & Anor v. Harrison-Morgan  EWHC 1904 following a 6 day trial in the Chancery Division. Dismissing the claim brought by the estate of the late...read more
Paul Powlesland represented 4 tree protectors in the High Court last week. Sheffield City Council were seeking an extensive addition to the terms of their existing injunction to stop protest and direct action at tree felling sites. Over the course of a long day of...read more
Ludgate House Ltd -v- Ricketts (VO) & LB Southwark The Vice-President of the Valuation Tribunal has handed down her decision in the above case. The tribunal had to consider the impact of a Property Guardian scheme on the owner’s liability for non-domestic rates....read more
The case concerned a claim by one of two sons excluded by his late mother’s last Will. The disinherited claimant brought proceedings in the Chancery Division against his brother (the sole beneficiary of their late mother’s estate) relying only on the doctrine of...read more