Shoosmiths LLP

Property Litigation

Kirsty is a partner in our real estates disputes team. She specialises in all aspects of contentious property advice including business lease renewals, rent reviews, restrictive covenant issues, rights of occupation, landlord’s consents, dilapidations and service charge disputes. Kirsty is recognised nationally for advising national retailers on their property portfolios. Her advice has been described by clients as "invaluable". She also advises a number of the firms development clients and has particular expertise in restrictive covenant issues.

Her recent experience includes:

• advising high street names on their response to the Covid-19 pandemic, including advising board members on the strategy to be adopted and updating on the numerous changes of legislation, and dealing with in excess of 200 sets of proceedings for rent arrears including the case of AEW UK Reit Plc v Sportsdirect.com Retail Limited [2021] EWCH 1013 (QCB) which included defences of rent suspension, implied term and frustration;
• advising a landlord on a multi-million pound dilapidations strategy, including service of a notice to repair, to achieve a settlement which was not curtailed by the section 18 cap as a terminal claim would be;
• providing strategic advice on a portfolio renewal of circa 280 properties, half of which are proceeding via formal lease renewal claims with the result of them having to be batched and case managed innovatively. The initial case resulted in the tenant successfully securing a 5 year term with a 3 year break and large discounts on quantum and frontage to depth;
• acting for a strategic land client to advise on a restrictive covenant threatening a large development scheme having previously been successful at Tribunal in obtaining a modification to a covenant limiting use of land to a public house to allow a development; and
• acting for a large house builder on the interpretation of a sale agreement threatening the purchase of an important strategic site.

She frequently presents at industry events and is recognised in both Chambers and Legal 500.

Kirsty has been senior associate in Shoosmiths' real estate litigation practice since June 2015, having joined the firm from Browne Jacobson where she trained and qualified.

Property Litigation Association