Real estate investment

Due diligence

Led on the due diligence for litigation risks in the purchase of a UK shopping centre for over £200 million pounds.

Mitigating litigation risk

Advised a client on a £5.2 million property purchase in which key property rights were the subject of on-going litigation. Ensured the client obtained a retention fund to protect its position against the litigation risk, while allowing the purchase to still go ahead.

Vacant possession strategies

Advised clients on strategies to obtain vacant possession of buildings for redevelopment and pursue proceedings to terminate existing tenancies. Recently pursued court proceedings that secured vacant possession of a tower-block in Hammersmith for redevelopment.

Re-development advice

Currently advising an owner of a business estate in Kent on various property issues surrounding its proposed redevelopment scheme.

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Dispute resolution

Neighbour disputes

Successfully acted for private individuals to assist them in resolving an emotional and long-running dispute with their neighbour through mediation.

Overage disputes

Acted on an overage claim where a development had in error strayed on to land subject to an overage agreement and so triggering a payment. Negotiated a favourable settlement agreement for his client out of court.

Contractual termination

Negotiated termination of an agreement to buy a high-value flat for a high-net worth individual after the construction timetable was delayed.

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Commercial litigation

Repudiation and breaches of contract

Acted on a trial in the High Court which concerned the repudiation of a contract to purchase a £16 million manor house. The case was conducted under significant time-pressure and was brought to trial in under 2 weeks.

Professional negligence

Advised the owner of a business park in Birmingham on a professional negligence claim against its former property manager.

Corporate authority

Successfully disputed the validity of a BVI company’s authorisation to a solicitor to sign a collective enfranchisement notice – assisting in the client’s strategy to dispute the notice’s validity. This involved complex issues of expert evidence in the law of both the BVI and Panama.

Insolvency

Regularly pursues insolvency proceedings against defaulting tenants.

State and diplomatic immunity

Experienced in acting for landlords of tenants that benefit from state and/or diplomatic immunity. Currently acting against the Democratic Republic of Congo for arrears under the lease of its embassy. 

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Landlord and tenant

Forfeiture

Advised a client on a strategy to forfeit the lease of a unit that was being used as a night-club. The tenant was successfully evicted from the premises and possession obtained.

Lease renewals

Managed a series of complex unopposed lease renewals for a row of retail units in Manchester. Achieved the client's aim of extending its development rights in all the leases to ensure a major development of a trophy asset in Manchester could proceed.

Service charge disputes

Successfully pursued a claim against multiple defendants for over £1 million of service charge arrears in respect of a Mayfair residential block.

Dilapidations

Pursued a major national car-park owner in respect of the disrepair of one of its car parks, successfully pressuring the tenant to undertake necessary repair works for the landlord during the term of its lease.

Debt recovery

Regularly pursues tenants for arrears using variety of enforcement techniques.

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Real estate litigation

Overage dispute

Acted in a multi-million pound overage dispute between a London Borough Council and a major housing association. A positive settlement was obtained for the client without the need for recourse to court proceedings.

Possession proceedings

Successfully obtained possession of service roads in a North London business park which had been occupied by squatters for several years.

Trespass claims

Acted for a major pension fund in a claim against a neighbouring landowner for trespass over a private road. A significant financial settlement was obtained for the pension fund.

Enfranchisement

Acted for the second defendant in the leading collective enfranchisement case of Aldford House Freehold Limited v (1) Grosvenor (Mayfair) Estate and (2) K Group Holdings Inc [2019] EWCA Civ 1848. The case established the definition of “flat” under the collective enfranchisement legislation.

Rights of way disputes

Assisted a Belgian company that was facing claims to rights of way over its land, settling the claims out of court while preserving the development value of the property.

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