Recognised as ‘one of the leading property litigation firms in Wales’, Berry Smith delivers ‘an exceptional service’ to developers, landowners and financial institutions in disputes over rights of land and commercial landlord and tenant issues. The team is appreciated for its ‘very high level of partner engagement’, ensuring clients, which include both public and private sector entities, gain comfort that their work, which is often highly complex, is not being unduly delegated to less experienced members of team. Combining ‘fierce intelligence and exceptional analytical and forensic skills’, team head Simon Care is recognised as ‘probably the best property litigator in South Wales’, and as part of his broad expertise has a particular specialism in rights of way of disputes. The ‘highly experienced’ Iwan Doull is skilful at handling litigation relating to development projects, including as it relates to CPO compensation, as well as matters with a professional negligence angle.
Property litigation in Wales
Berry Smith
Practice head(s):
Simon Care; Iwan Doull
Other key lawyers:
Jane Rees; Lauren Parsons; Harry Moyle
Testimonials
‘The team is supportive and efficient.’
‘They are notable for the very high level of partner engagement. Whilst the department is not large it is rapidly increasing in size, reflecting its success and growing reputation. Pound for pound they are a match for anyone.’
‘Berry Smith is one of the leading property litigation firms in Wales.’
Key clients
Aneurin Bevan University Health Board
Welsh Government
Tretan Developments
BBI Ltd
Associated British Ports
Merthyr Tydfil County Borough Council
Pembrokeshire County Borough Council
KPMF Ltd
Merthyr Valley Homes
Johnsey Estates Ltd
ARAG Plc
Work highlights
- Need to do the write up quite confusing from the sub
- Defending the Welsh Government against a claim brought by a landowner for compensation arising from the compulsory purchase of its land in 2014 which as acquired as a part of the major infrastructure development of the “heads of the valleys” road schemes, linking the M50 and cross Wales road link.
- Successfully represented a high-net worth individual in a boundary dispute.
Blake Morgan LLP
Blake Morgan LLP has a strong reputation advising England and Wales-based private and public sector clients across a range of property litigation, running the gamut from contested lease renewals and dilapidation claims to development disputes. As well as her broad litigation offering for commercial clients with substantial property portfolios, Sian Jones also regularly provides advice in a risk management context, including on the provision of vital training for housing associations regarding the recently enacted Renting (Wales) Act 2016. Legal director Adam Carbis provides ‘a professional and adaptive service across a wide range of property claims’, including defending public sector clients in CPO compensation claims. Senior associate Tanya Barrett focuses on residential landlord and tenant disputes, including her ongoing work for social landlords defending disrepair claims.
Practice head(s):
Siân Jones
Other key lawyers:
Adam Carbis; Tanya Barrett
Testimonials
‘Keep us updated regularly, and can support you by answering questions about the process throughout.’
‘Adam Carbis has provides a professional and adaptive service across a wide range of property claims.’
Key clients
Welsh Government
Canary Wharf Group
Vale Europe Limited
Swansea University
Cardiff University
Wales & West Utilities Limited
Swansea County Council
PHS Group
Royal National Institute for the Blind
Shanly Homes Limited
Work highlights
- Advising Canary Wharf Group on its retail portfolio management including tenant insolvency, forfeiture, rent recovery, dilapidations, enforcement of tenant covenants and break clauses.
- Advised Newport City Homes in relation to the challenge to the recoverability and service charge costs for major works in the Leasehold Valuation Tribunal.
- Acting on behalf of the commercial landlord in relation to a claim concerning the validity of the exercise of a tenant break and compliance with break conditions.
Eversheds Sutherland (International) LLP
Under the leadership of Rob Phillips, Eversheds Sutherland (International) LLP handles a diverse array of property litigation for clients within core sectors of strength for the firm as a whole, including energy and transport. As well as handling fairly conventional disputes, including landlord and tenant and development litigation, the practice also advises on more niche areas, including as it pertains to minerals rights and agricultural law. The team, which is also able to effectively leverage broader resources across the UK network of offices, also has core strength acting on property-related matters for its impressive roster of financial services clients including REITs, SIPPs and Propcos.
Practice head(s):
Rob Phillips
Other key lawyers:
Daniel Gilligan; Amy Acres
Key clients
Thames Water Utilities
The Welsh Ministers
Legal & General (Industrial Property Investment Fund Limited)
Romulus Group
Annington Property Limited
Associated British Ports
Transport for Wales
Local Retail Fund
Segro Plc
Telereal Trillium
Work highlights
Geldards LLP
The ‘talented’ team at Geldards LLP can access ‘wide and in-depth knowledge in their subject matter’, ensuring that public and private sector clients receive ‘an exceptional service and results’, irrespective of the nature of the dispute. ‘Very knowledgeable’ team head Ed Meggitt displays a ‘sensible attitude and business-centric approach’, and continues to advise many high-profile clients with substantial property portfolios, including on dilapidation claims. In addition, he has ‘good knowledge of the water industry and its legal considerations’. Appreciated for her ability to ‘address the more esoteric points that sometimes arise – whilst maintaining sound judgement and a clear and commercially driven approach’, Nicola Lawrence is also recommended. At a senior associate level, Llinos Davies ‘provides excellent service with an excellent balance of pragmatism and determination’, including for retail clients.
Practice head(s):
Ed Meggitt
Other key lawyers:
Nicola Lawrence; Llinos Davies
Testimonials
‘Geldards provides a client-focused service, neatly balancing legal, commercial, practical and reputational considerations when advising their clients.’
‘The talented team at Geldards has a wide and in-depth knowledge in their subject matter. The team is extremely professional and are deeply committed to delivering an exceptional service and results.’
‘Ed Meggitt brings with him a sensible attitude and business-centric approach.’
‘Ed Meggitt has good knowledge of the water industry and its legal considerations.’
‘Nicola Lawrence is an experienced solicitor with expertise in property-related litigation and is able to address the more esoteric points that sometimes arise – whilst maintaining sound judgment and a clear and commercially driven approach.’
‘Llinos Davies provides a strong service with an excellent balance of pragmatism and determination.’
‘Chloe Pridmore is sensible, responsive and highly personable.’
Key clients
Chevron International Exploration and Production Company Limited
Environment Agency
Natural Resources Wales
Boots UK Limited / Boots Opticians Professional Services Limited
National Grid (formerly Western Power Distribution)
Burnley Borough Council
Resource R4 Limited
Swansea City Council
Blaenau Gwent Council
Dwr Cymru Cyfyngedig / Welsh Water
Peacocks Stores Properties Limited
Welsh Air Ambulance Charitable Trust
Pembrokeshire Coast National Park
WTF Limited
Royal Voluntary Service
Carmarthenshire County Council
Ludlow Town Council
Work highlights
- Advised the global oil company Chevron on their dilapidations liability following the end of their lease of London premises which resulted in a favourable settlement.
- Advising the Environment Agency concerning trespass by a number of houseboat owners on the River Thames.
- Advising Boots UK on a large part of its national portfolio including all aspects of landlord and tenant matters including 1954 Act renewals, break notices, dilapidations etc
Acuity Law
Now forming its own discrete practice group and no longer subsumed within the broader commercial litigation offering - an indication of its growing stature in the market - Acuity Law's property litigation team provides a 'range of experience and client-focused service' to private sector clients (including developers), as well as housing associations. Team head Jennifer Butcher provides 'commercial and sensible advice' on conventional landlord and tenant disputes, as well as in litigation for management companies against developers and insurers regarding high-value latent defect claims. Butcher also handles a considerable amount of social housing-related work, as does Neil Morgan, whose expertise includes bringing claims relating to anti-social behaviour, as well as defending RSLs in disrepair actions.
Practice head(s):
Jennifer Butcher
Other key lawyers:
Neil Morgan
Testimonials
‘The highly skilled and professional team provides concise and reliable advice.’
‘The lawyers have an eye for detail and provide informed advice but with a strong element of common sense’
‘Good value for money, range of experience and client-focused service.’
‘Jennifer Butcher is excellent – intelligent, thoughtful and responsive.’
‘Jennifer Butcher is responsive, and provides commercial and sensible advice.’
Key clients
Monet Limited
Valleys to Coast Housing Limited
Coastal Housing Association Limited
Barcud Cyf
Work highlights
- Representing Monet Limited regarding a claim for trespass and/or breach of an airspace agreement against an adjacent landowner (Ravenseft Properties Limited (“Ravenseft”) of the John Lewis building in Exeter.
- Assisting new housing association client, Valleys to Coast Housing Limited, on numerous matters including defending disrepair claims being brought by its tenants.
- Continued to advise Barcud Cyf over the last year in relation to housing management including its anti-social behaviour cases.
Capital Law Limited
Capital Law Limited provides an ‘excellent and prompt service’ to landlords, tenants, owners and developers across a range of litigation, as well as in a risk management context. A significant proportion of the work is healthcare focused, with the firm’s role as one of BMA Law’s designated suppliers accounting for a sizeable volume of property-related disputes. ‘Excellent’ team head Stephen Meade continues to spearhead this BMA work, including on work for GP surgeries on property issues stemming from partnership disputes and challenges to excessive service charges. Recently promoted to senior associate, the ‘exceptional’ Clare Good handles an increasing volume of dilapidations claims, as well as providing vital assistance to Meade on healthcare-related work.
Practice head(s):
Stephen Meade
Other key lawyers:
Clare Good; Tom Jones
Testimonials
‘We receive an excellent and prompt service on often complex issues.’
‘Stephen Meade is an excellent litigator.’
‘Clare Good is an exceptional associate.’
Key clients
British Medical Association
Valleys to Coast Housing Ltd
Associated British Ports
Welsh Local Government Lawyers Association
Cardiff Athletic Club
Cardiff City Football Club
Hang Fire Limited
Ascona Estates Limited
Howard Tenens Group
BMA Law
Newydd Housing Association
Friars Walk LH Limited
Little Theatre Trust
Parsons Pickles
Okko Limited
University of South Wales
Work highlights
- Representing the BMA and five test claimant GP practices in their High Court claim against NHSPS challenging the basis of demanded service charges, following a policy change by NHSPS.
- Advising Newydd Housing Association on all disrepair claims they receive from tenants across their portfolio.
- Advising University of South Wales (USW) in relation to the new Renting Homes Wales Act – which has implemented numerous new obligations on USW as ‘landlord’ to thousands of students.
Dolmans
Led by Philip Bradley, the 'approachable, professional and very efficient' team at Dolmans provides 'clear, accurate and practical' advice to clients across a myriad property litigation, including on boundary disputes and adverse possession. Although the firm handles a significant amount of private sector work, its strong ties with local authorities remains the lifeblood of the practice.
Practice head(s):
Philip Bradley
Other key lawyers:
Simon Evans; Peter Bennett; Claire Thomas
Testimonials
‘The team is approachable, professional and very efficient.’
‘The advice is clear, accurate and practical.’
Key clients
Bridgend County Borough council
Merthyr Tydfil County Borough Council
Torfaen County Borough Council
Rhondda Cynon Taf County Borough Council
Powys County Council
Dorset Council
Somerset County Council
Blaenau Gwent County Borough Council
Atlantic Recycling Ltd
Ageas Insurance Ltd
Work highlights
- Ongoing assistance rendered to a local authority in connection with multiple claims for housing disrepair from different organisations.
- Defending a local authority against a claim for damages for insured and uninsured losses arising out of the flooding of their property which they allege was caused by a culvert upstream of their property becoming blocked by debris and other objects leading to a substantial volume of water escaping onto the highway and entering their property and neighbouring properties.
Douglas-Jones Mercer
Douglas-Jones Mercer has a strong reputation representing public sector clients across a myriad property disputes, including on disrepair claims and adverse possession matters. ‘Highly skilled and experienced’ team head Russell Price is particularly acclaimed for his healthcare-related property litigation expertise where he is appreciated for his ‘clear sensible advice’. On the private sector front, Price also regularly provides estate management support for the firm’s impressive roster of SIPP providers.
Practice head(s):
Russell Price
Testimonials
‘Russell Price is a highly skilled and experienced solicitor who provides clear sensible advice.’
‘Russell Price is accessible and responsive and provides clear advice to various health clients on a variety of property matters.’
Key clients
Welsh Government
Public Health Wales NHS Trust
Pembrokeshire County Council
Girl Guiding UK
Bridgend County Borough Council
Shaw Healthcare (Group) Ltd
Four Counties (Holdings) Ltd
Longford Investments (No.1) Ltd
Players Industrial Estate LLP
Estateways PLC
Welsh Ambulance Services NHS Trust
Pobl Group (including Gwalia Housing Association)
Sanlam Life & Pensions UK Limited
Betsi Cadwaladr University Health Board
Cardiff & Vale University Local Health Board
Carmarthenshire County Borough Council
Swansea Bay University Local Health Board
Personal Pension Trustees Limited (Division of JLT Group PLC)
Powys Teaching Health Board
Velindre NHS Trust
JLT Group PLC
Toast Mail Order Limited
Aneurin Bevan University Health Board
Isle of Anglesey County Council
Capital Valley Plastics Ltd
Picture House Management Company Limited
Work highlights
- Advised NHS Wales Estates (on behalf of various NHS Trusts/Welsh Boards) on various strategic matters related to NHS Property throughout Wales.
- Advising Capital Valley Plastics Limited in relation to a multimillion-pound reinstatement claim against their landlord following the destruction of their premises by fire.
- Advised Picture House Management Limited in relation to a multimillion-pound claim concerning the defective conversion of a former cinema to an apartment block in Streatham, London.
Hugh James
Combining ‘strong legal and industry knowledge’, Hugh James has solid market credibility among a varied mix of stakeholders, including on contentious property matters associated with the telecoms and entertainment and leisure sectors. Senior associate and team head James Hastings now spearheads the firm’s efforts in relation to mines and minerals claims which show little signs of abating, in spite of Rob Phillips‘ departure to Eversheds Sutherland (International) LLP at the beginning of 2022. The team is also adept at handling work for the firm’s impressive roster of housing association clients, with Rebecca Rees particularly active advising on the recently enacted Renting Homes (Wales) Act.
Practice head(s):
James Hastings
Other key lawyers:
Rebecca Rees; Jo Brown
Testimonials
‘They have strong legal and industry knowledge to ensure their clients receive the best service.’
‘Rebecca Rees really understands her clients and their needs which means she is clear as to the goals that need to be achieved. She has in depth knowledge of her property and housing specialisms.’
‘I have worked with Rebecca Rees a lot in relation to Renting Homes (Wales) this year (drafting contracts and advising on points of law). She has demonstrated to me she is ahead of the game with this new and novel legislation and is focused on ensuring clients understand and appreciate the technicalities.’
Key clients
Natural Resources Body for Wales
Welsh Government
United Welsh Housing Association
AP Wireless II (UK) Limited
WRU
Pobl/Coastal Housing Association
Persimmon Homes
Conwy County Borough Council
Wrexham County Borough Council
Work highlights
- Advising a group of 28 landlords who collectively own over 150,000 properties in Wales to implement a new piece of legislation dubbed “the biggest change in the rented sector for over a generation”. Using a pioneering collaborative approach clients made significant cost efficiencies.
- Advising Persimmon Homes on a judicial review application relating to a decision of the Welsh Ministers which will impact the building of a substantial number of affordable homes in the Caerphilly area.
- Advising AP Wireless in relation to the new Electronic Communications Code, rental valuation and whether APW could be potentially liable (either on a civil or criminal basis) for telecoms equipment present on their land.
JCP Solicitors
The ‘knowledgeable and professional’ team at JCP Solicitors provides ‘a first-rate service’ to a broad array of stakeholders, from large national corporations to landed estates and private clients. Drawing upon ‘a wealth of experience and exceptional judgement’, team head Sarah Davies ‘provides very clear, practical and sensible advice’, including on commercial property tenancy disputes. In his role as head of the firm’s rural practice, the ‘thorough and conscientious’ Rhys Evans handles a significant amount of property litigation for farming clients, including on matters relating to rights of way and boundary disputes. Recently promoted to partner, Jonathan Flynn is ‘responsive and thorough’ across a range of commercial and residential property disputes, including, inter alia, as it relates to rent reviews, service charge cases and Section 146 notices.
Practice head(s):
Sarah Davies
Other key lawyers:
Rhys Evans; Jonathan Flynn; Benjamin Davies
Testimonials
‘The team provides really specialist advice and is meticulous in their case analysis and consideration of documents.’
‘They are knowledgeable and professional and provide a first-rate service to their clients.’
‘The very well-established team has a strong reputation in the area and is increasingly attracting instructions from further afield than Wales.’
Work highlights
Morgan LaRoche
The ‘experienced and knowledgeable’ team at Morgan LaRoche provides ‘considered, thorough and comprehensive advice’ across a wide spectrum of contentious property matters. Team head Jason Williams combines ‘first-rate knowledge of property law with a really good tactical mind’, ensuring that he is a popular choice among clients engaged in complex commercial and residential property litigation, including with regards to service charge disputes. Praised for his ‘very detailed knowledge across a range of property matters’, associate director Ashley Davies continues to enhance his reputation as a result of his ‘tactically astute’ representation of a wide variety of commercial and agricultural premises, residential premises and business and residential property estates.
Practice head(s):
Jason Williams
Other key lawyers:
Ashley Davies
Testimonials
‘The team provides considered, thorough and comprehensive advice.’
‘Experienced and knowledgeable on property issues. I have always recommended Morgan La Roche to clients when litigious issues arise.’
‘Morgan LaRoche provides an excellent quality service across the whole range of property litigation.’
Key clients
AMP Energy Services Limited
Arthur Bassett & Co Limited
Centurion (Parc Tawe 1) Limited
Hafan Cymru
Peter Reynolds Properties Limited
Hallmark Care Homes
Ynys Ystrad Cyf
Innkeeper UK Limited
Cylla Homes Limited
Cefn Management
M&D Care Holdings Limited
Metro Property Investments
Kartay Holdings Limited
Esterkin Group
Elias Enterprises Limited
Colosseum Dental
Work highlights
- Advised a private individual in connection with a dispute with a major national house builder relating to works undertaken on a development site impacting on the land retention and drainage of a high-value residential property.
- Advised landlords (based in Australia) of a business property in the UK in connection with a long running and difficult dispute with their tenants.
- Advising the proprietor of a £1.8m residential property in potential claims against the property developer as a consequence of significant incidents of flooding allegedly resulting from the diversion of water from a new residential estate to a nearby watercourse.