Property litigation
Hall of Fame
The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.
Hall of fameHogan Lovells US LLP
Mathew is one of the UK's leading authorities in property litigation. Working with investors, occupiers and a range of other stakeholders, Mathew takes a commercial approach to resolving property disputes: get the facts straight and the law right, know what your strengths are, what you really need and what you can live without, and devise a strategy to suit. He helps clients to think laterally and find creative solutions to even the most intractable property disputes.
Hall of fameCharles Russell Speechlys LLP
Emma advises on the full range of contentious property issues, including insolvency matters, arrears, break rights, dilapidations and 1954 Act renewals. Emma also deals with contractual and development disputes, specialising in rights of light, restrictive covenants and Electronic Communications Code issues, including the removal of telecoms masts. Her work is advisory – to avoid and/or settle disputes - as well as involving the conduct of litigation.Emma lectures widely on property litigation issues and writes for various publications, including the Estates Gazette and the Property Law Journal. Emma also summarises cases dealing with easements and restrictive covenants for the Property Law UK website. Emma is an honorary member of Arbrix and a member of the RICS Telecommunication Forum. She is also former Chair of the Training and Education Committee of The Property Litigation Association and has sat as a member of the Steering Group of the RICS Dilapidations Forum and the South East Committee of Women in Property.Experience: acted on behalf of Arqiva Limited in claims against three mobile network operators, including Everything Everywhere and Orange; instructed by two investors who bought shares in a company designed to purchase the Pinnacle site in London and who sought the return of their investment or an account of any profit (the case, Abbar v SEDCO Real Estate Ltd & Ors [2013] EWHC 1414 (Ch), included the challenge of reviewing 12,000 documents in a matter of weeks); acted on behalf of Osborne (Bournemouth) Limited in relation to its claim issued against Bournemouth Borough Council in connection with the termination of a development agreement; achieved success for a landlord client in opposing the grant of a renewal lease to Santander, on the basis of a proposed redevelopment (both at first instance and on appeal (Santander UK plc v LCP Estates Limited [2018] EWHC 2193 (Ch)), it was confirmed that the test under “ground (f)” of the Landlord and Tenant Act 1954 had been satisfied by our client’s plans and the building lease granted to Metrobank).
Hall of fameLewis Silkin
Partner specialising in all areas of real estate litigation: landlord and tenant (commercial and residential), property valuation, contract and conveyance, development disputes (overage easements, restrictive covenants, rights of light, telecoms) propertyrelated finance and insolvency, nuisance/trespass, professional negligence, party wall and related disputes. Reported cases: Re Vedmay Ltd (disclaimer); Virgin Group Ltd v de Morgan plc (professional negligence); Baron Dynevor v Richardson (profits a prendre); R v Environment Agency ex p Dockgrange Ltd (waste management); R v ITC ex p Flextech plc (judicial review); Morells v Oxford United Football Club (restrictive covenants); Montalto Monella v Pizza Express (rent review); Dunster Properties Ltd v First Secretary of State 2 P&CR 26 (planning), McGuckian and others Lands Tribunal (collective enfranchisement), Blom-Cooper and others v Social Security Commissioners (housing benefit).
Hall of fameMishcon de Reya LLP
Joanna is a Partner in the firm's Property Litigation group, within the Real Estate department. She has over 20 years' experience specialising in property disputes and risk analysis, advisory and avoidance work.She advises owners, occupiers, developers and funders of commercial and residential real estate, dealing with all contentious aspects of real estate including development disputes, landlord and tenant disputes (including rent and service charge recovery, lease renewals, consents, forfeiture and possession claims), title, right of way and right to light disputes, real estate related professional negligence claims, and insolvency and corporate recovery work. In 2020, Joanna was appointed by the Lord Chief Justice as a Deputy Master of the Chancery Division. She will sit on a part-time basis at the Rolls Building, hearing cases in the Business and Property Courts.
Hall of fameMishcon de Reya LLP
Daniel is a Partner and Head of the Property Litigation team. One of the largest and most well-regarded practices in London, the team advises leading UK property companies, developers, corporate occupiers, investment funds and high net worth individuals. Daniel's specialism is in complex property related disputes, including development disputes, injunctions, judicial reviews, dilapidations, rights to light and neighbourly matters, service charge disputes, trespasses, consents, rent reviews, lease renewals, high value residential disputes and joint venture disputes. Daniel and his team regularly participate in court and trial work – including in the Appeal Courts. Daniel and the lawyers he works with are highly skilled litigators and experienced negotiators, mediators and arbitrators. Their cases, given their size and complexity, often attract significant media interest and require a commercial and strategic approach. Consistently ranked at the top of the legal directories, Daniel is included in Chambers 100, the first ever ranking of the UK's top 100 business lawyers.
Rising stars
Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
DLA Piper LLP (US)
Next Generation Partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Mishcon de Reya LLP
Mark is a Partner in the firm's Real Estate Dispute Resolution group, practising in all areas of commercial and residential property law. He has extensive court experience both at trial, on appeal and in relation to applications for injunctive relief. He has, in recent years, acted at trial for the defendant tenant in the case of London Kendal Street No 3 Ltd v Daejan Investments Ltd which were opposed lease renewal proceedings where the landlord was opposing on redevelopment grounds. This case is thought to have involved the first application of the 'conditional intention' test formulated by the Supreme Court in the case of S Franses Ltd v The Cavendish Hotel (London) Limited. The claimant tenant was granted permission to appeal by the High Court but the matter settled before the appeal was heard. Mark also acted for the successful claimants in the following actions: a six day possession trial in the Central London County Court, which dealt with both proprietary estoppel and constructive trust defences, as well the cross-examination of ten witnesses of fact; Vivienne Westwood Limited v Conduit Street Developments Limited which considered the law of penalties in a landlord and tenant context; and Minerva (Wandsworth) Limited v Greenland Ram (London) Limited which concerned a high-value overage dispute relating to a key development site in Wandsworth. London Kendal Street was included in Estates Gazette's top ten cases of 2019 and both Vivienne Westwood and Minerva featured in the 2017 list. Mark has also had previous successes at trial in the fields of both rights of light and estate agency commissions. In addition to representing clients in live proceedings, Mark also provides strategic advice on a range of property management related matters, including: business lease renewals (both opposed and unopposed and from a landlord and tenant perspective), dilapidations (whether interim or terminal), forfeiture (including relief applications), arrears recovery, applications for consent to assign/underlet and property related insolvency issues (from both from a corporate/individual and creditor/debtor perspective). He has particular expertise in advising serviced office/workspace sector clients on these issues. He also provides strategic advice to developer clients in relation to the effect of real property issues and third party rights upon their future development plans. Mark is also at home in a residential law context and regularly advises individuals on issues arising from statutory lease extensions and tenant's rights of first refusal, as well as real property and private nuisance disputes between neighbouring landowners. In March 2021 Mark spoke at the joint Property Litigation Association and Property Bar Association panel event 'Looking back to look forward' and in June 2021 Mark took part in a podcast with Estates Gazette on the issue of diversity in the property industry.
Stephenson Harwood
A specialist property litigator with over 15 years' experience, Sophie helps clients navigate the complexities of property law and resolve disputes quickly and cost-effectively. She advises property investors, developers, lenders, corporate occupiers and individuals on every manner of property dispute. Sophie has particular expertise in rights of light and disputes relating to property development. She is renowned for her legal knowledge and ability to get to the bottom of a tricky issue. Sources quoted in Chambers UK have praised her "phenomenal" knowledge (2015) and described her as a "walking brain" (2014) that is "able to tie the opposition up in knots" (2011). Sophie regularly acts on a wide range of landlord and tenant disputes, representing both landlords and tenants, including lease renewals, forfeiture, dilapidations, service charge and agreement for lease disputes. She also has extensive experience in the development sphere, advising both developers and neighbours on claims (including injunctions) relating to nuisance, rights of light, trespass and party wall matters, restrictive covenants and easements. She is equally at home using her experience to help developers navigate and pre-empt claims as assisting neighbours assert their rights. Other experience includes adverse possession, boundaries, easements, insolvency-related issues, joint ventures, leasehold enfranchisement, professional negligence, residential property and sale and purchase disputes. Sophie gives practical advice which goes straight to the heart of an issue. She deploys her expertise in the law and strategy to secure the best result for her client at the earliest possible stage. Clients express their appreciation of having her in their corner to fight their side. She has a track record of achieving excellent results. She aims to resolve disputes without court proceedings wherever possible. Often straightforward 'without prejudice negotiations' are most effective but she also has experience of mediation, arbitration and expert determination. She is a solicitor advocate and member of the Property Litigation Association. Sophie has written for Property Week, Estates Gazette, Landlord & Tenant Review and FM World.
Clyde & Co
Pinsent Masons LLP
CMS
Leading individuals
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Hamlins LLP
Kate is a Partner in the Real Estate Disputes Team. Kate is a property litigator who adopts an advisory and dispute resolution role, as well as a litigious one, on a wide variety of high profile real estate disputes. Kate deals with various breaches of leasehold covenants, including dilapidations, service charges, applications for consent to assign/underlet/alter, rent reviews and other landlord and tenant issues. She also deals with contractual and development disputes, including specific performance claims, injunctions, rights to light, restrictive covenant issues, joint venture disputes, party wall act disputes and the redevelopment of business premises. In her time, Kate has also dealt with some boundary disputes, and is now dealing with a number of cases regarding business rates and the complexities of the statutory exemptions and reliefs. Kate acts on high profile real estate disputes for clients including high net worth individuals, property funds and developers. She is a keen advocate of alternative dispute resolution and has been able to settle a number of complex legal dispute at mediation or by without prejudice discussions. Clients describe Kate as an extremely talented property litigator, who goes the extra mile for her clients, finding a solution to every problem.
Maples Teesdale LLP
Dellah is the Head of Dispute Resolution at Maples Teesdale and has extensive experience in a wide variety of property-related contentious commercial property issues through negotiation, mediation or proceedings, including high value dilapidations claims, hostile lease renewals, multi-million pound development disputes, rights of light, rent review and development issues and professional negligence. Dellah is the co-Head of Diversity and Inclusion at Maples Teesdale.
Farrer & Co
Siobhan specialises in all aspects of property related litigation and dispute resolution. Her clients include commercial and residential property owners and developers. Her expertise includes commercial and residential landlord and tenant disputes, property related insolvency (i.e. administration, liquidation, CVAs and pre-packs), disputes relating to interpreting and enforcing land contracts, possession claims, beneficial interests in property, leasehold enfranchisement, lease extensions, and professional negligence. Siobhan has substantial experience of court proceedings, property tribunals and alternative forms of dispute resolution, and is often instructed in an advisory capacity to pre-empt and avoid possible disputes.
Mishcon de Reya LLP
Chhavie is a Partner in the Real Estate department specialising in real estate disputes. She has particular experience in advising developers on avoiding disputes and, where issues do occur, how to mitigate against them in order keep the development on track. This includes advising clients on minimising the potential of rights of light related claims. Chhavie has also successfully acted in connection with planning judicial reviews and has defended clients from applications to register development land as town and village greens. She also has extensive experience of acting for developers on rights of light strategies including the use of insurance policies and section 203 Housing and Planning Act 2016 to mitigate risks. She advises both landlords and tenants on all aspects of their relationship, including business lease renewals (both unopposed and opposed), dilapidations, tenant insolvency, recovery of arrears, service charge disputes, consents, rent review and issues relating to quiet enjoyment.
Osborne Clarke LLP
Please see full biography at osborneclarke.com/lawyers/gary-lawrenson/
Mishcon de Reya LLP
Emma is a Partner in the Real Estate department, specialising in property disputes. She has dealt with wide range of property matters concerning all types of property interests and acting for significant property owning companies, large corporate occupiers, retailers and high net worth individuals. Much of Emma's work involves advising on complex legal issues where litigation is often involved or contemplated. She is particularly experienced in dilapidations claims and contract/joint venture disputes having acted on a number that have involved proceedings and trials. She has also worked on contentious business lease renewals (both unopposed and opposed), property management issues (such as recovery of arrears, service charge disputes, consents and rent reviews), quiet enjoyment, contract disputes, trespass claims, covenant disputes, easements (including rights to light and rights of way) and adverse possession.
Bryan Cave Leighton Paisner
Partner and Global Practice Group Leader - Arbitration, Real Estate and Construction Disputes (ARC)
Stephenson Harwood
Andrew is well known as a tenacious litigator who "knows when to turn on the pressure" and get results. His “no nonsense” approach cuts to the chase and gets his clients results. His clients have described him as a rottweiler. Andrew frequently takes on cases where other lawyers have floundered and turns them around. The directories have described Andrew as a "red hot litigator" and someone who "fights hard but fair". Andrew has particular expertise in property-related disputes. Andrew has 30 years' experience specialising in property disputes, contract disputes and professional negligence claims. His property litigation experience spans the full range and includes, forfeiture, dilapidations claims, enforcing covenants, tenant insolvency, restrictive covenants, lease renewals and suing other solicitors who have drafted property documents negligently. Andrew has also deals with contracts which have gone wrong, and joint ventures which fall apart. Andrew is an experienced tactician, and a solicitor advocate. He recently won a Court of Appeal case, as sole advocate, successfully arguing against the QC on the other side. Andrew regularly takes on cases on a “no win no fee” basis. Andrew is acted on one of the first rent arbitrations under the Commercial Rent (Coronavirus) Act 2022 addressing a 7-figure level of arrears on a trophy asset. He has already got the arbitrator to order the tenant to produce a lot of additional accounting documentation to ensure that the tenant does not falsely claim impecuniosity. Andrew acted for the successful tenants in the largest ever enfranchisement claim -Westbrook Dolphin Square Limited v Friends Life Ltd. He acted for the successful defendants in a dispute concerning a failed joint venture to build a shopping centre in Wolverhampton. Andrew’s clients were sued for £56 million. The judge ordered them to pay just £2 (and made their opponents reimburse Andrew’s clients' legal costs).
Charles Russell Speechlys LLP
James specialises in all disputes relating to the use and occupation of land. He also has a significant advisory practice aimed at dispute avoidance. He has a wide-ranging client base which includes developers, investors, corporate, leisure and retail occupiers, and high-net-worth individuals. He has considerable experience acting for clients in the higher courts and specialist property tribunals. James is recognised as an expert in the field of leasehold enfranchisement, which has been developed through acting for one of the largest London estates as well as other landlords and a wide variety of tenants. He also has a strong practice advising developers in relation to rights to light and other neighbourly matters. Experience: advised Derwent London on a large central London development site, including devising and implementing a vacant possession strategy and mitigating a significant rights to light risk; acted for Scottish Widows on a multimillion-pound damages claim by a tenant of a trading estate on the outskirts of London – the tenant succeeded in the High Court but the decision was subsequently reversed by the Court of Appeal; acted for the Howard de Walden Estate on a wide variety of ground-breaking claims which have helped to clarify the law in relation to the enfranchisement of flats; advised the Direct Line Group in relation to the successful exercise of a complex conditional break clause in the lease of a large office building in Bristol.
Boodle Hatfield LLP
Colin is a Partner in the Litigation team. Colin acts on a wide range of property and commercial litigation matters. He has particular experience in property litigation matters for landlords, tenants, freeholders and developers. This includes strategic property management advice, breaches of covenant, rent recovery, contentious rent review, dilapidations, contentious assignments and alterations, lease renewals, both contested (especially to free up sites for development) and uncontested, trespass, tenant insolvency, and forfeiture/surrender of leases. Other areas of work include commercial disputes and licensing.
Clyde & Co
Ashurst
CMS
Pinsent Masons LLP