Real estate litigation

Our property litigation team has a track record of getting results for its clients: we combine excellent technical knowledge with commercial acumen. For us, the key questions are: what does our particular client want, and how can we use the property rights it has to help get them there.
  • Profile
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Our team is best known for our firm litigation style; we have an excellent record of settling disputes, on good terms, at mediation. Many of our clients have come to us where existing solicitors have failed them, or showed inadequate imagination or drive.  

We act in both commercial and residential for a wide range of landlords (from well-known institutions to entrepreneurs and individuals) and occupiers, developers, investors and public bodies. 

We can help with:
 
  • property risk management advice
  • dilapidations claims
  • property disputes: rights of way, easements, boundary disputes, adverse possession, restrictive covenants
  • landlord and tenant: forfeiture, lease renewals, break disputes, breach of covenant, rent reviews and insolvency
  • development disputes: rights of light, other construction nuisances (representing both developers and adjoining owners)
  • sale and purchase disputes: failure to complete, breach of warranty claims
    joint venture disputes
  • professional negligence claims
  • Sophie Schultz is particularly well-known for her rights of light expertise.​​​​​​​

We were the successful team in the biggest property litigation case in the UK in 2014, the Dolphin Square enfranchisement case. Described by The Legal 500 UK 2016 as "a go-to firm for a range of litigious problems". Chambers UK 2017 states "it's a strong, responsive property litigation practice offering a direct, partner-led service".

"The team is excellent. They always deal with matters speedily in a highly efficient manner. In addition, they are all very personable."

Chambers UK 2017
 

Westbrook Dolphin Square leasehold enfranchisement claim 

We acted for Westbrook in the largest leasehold enfranchisement claim ever made in the UK, which was successful against Friends Life Limited concerning Dolphin Square, a well-known London apartment block. 

Overage claim

The team acts for a local authority, making a very large claim for overage against a major housing developer.

Property Group terminal dilapidations claim against a telecommunications services tenant and their property management firm 

We advised our client on a terminal dilapidations claim against the tenant and their property management agents in relation to a 1960s property in Reading that was left in unusable condition when the tenancy ended. 

Proceedings against Lidl UK GmbH 

We advised our client in proceedings issued against Lidl who cut them out of a joint venture deal. We claimed a Pallent v Morgan equity, which could force Lidl to share the site equally with Generator.

Defending adverse possession claim for state entity

We are defending our client from a claim by an individual claiming adverse possession. 

Protecting our client against neighbour/development nuisance

We are advising on mitigating potential nuisance from the construction of the 22 Bishopsgate skyscraper, including considering private and public law rights and pro-actively engaging with the developer to avoid future disputes. 

Rights of light strategic advice -  for major regional property development

Strategic advice on risk and its management and advising on dealing with claims, using our deep technical knowledge and significant experience acting on both sides of the fence for our client's benefit. 

Specific performance claim on behalf of property developer

We issued time-critical proceedings to force the seller to complete the sale of a development site. We successfully resolved these highly-contested proceedings without the costs of full trial, via pressure at the interim stage.
 
Lawyer

Andrew Myers Partner

T:  +44 20 7809 2275
M:  Email Andrew | Vcard Office:  London

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© Stephenson Harwood LLP 2016. Any reference to Stephenson Harwood in this document means Stephenson Harwood LLP and/or its affiliated undertakings. Any reference to a partner is used to refer to a member of Stephenson Harwood LLP.