Mishcon de Reya LLP

Property Litigation

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:

1. 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;
2. Vivienne Westwood Limited v Conduit Street Developments Limited which considered the law of penalties in a landlord and tenant context; and
3. 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.

Legal Director, Mishcon de Reya LLP Solicitor, Nabarro LLP Trainee Solicitor, Nabarro LLP

Mark was a founding member of the junior arm of the Property Litigation Association and was a member of the Association's Executive Committee, a role he held for three years. From November 2019 he returned to the Executive Committee, taking on the role of Chair of the Association's Website and Marketing Sub-Committee. He is also a member of the BPF's steering group on the review of owner-occupier legislation.

Mark regularly writes for the property press and has had articles published on topics ranging from consents in property contracts, to quiet enjoyment and non-derogation from grant, to agricultural tenancies.

BPP Law School, London University of Essex Law (LLB)