Charles Russell Speechlys LLP

Real Estate Disputes

Senior Associate

Joe is a Senior Associate in the Firm’s Real Estate Disputes team. Joe has significant experience of commercial disputes involving property elements.

In addition to more traditional real estate litigation work, Joe specialises in property finance disputes and secured lending mandates. This sees him acting for borrowers, lenders and guarantors in a wide range of lending matters. This will include the enforcement of security, working with interested parties in the restructuring of debt through to general banking disputes (including litigation in relation to complex property finance, particularly in the development and investment space).

Joe also has a keen focus on acting for claimants in professional negligence claims, particularly where the allegations in respect of a professional involve finance or property elements. His recent experience includes acting for a group of nearly 100 claimants seeking to recover millions in connection with a fractional property investment scheme.

In addition, Joe represents clients in tax litigation where part of the subject matter relates to a property asset. He also acts in more general business disputes, for instance partnership and shareholder actions where property is a key part of the litigation.

Joe has significant experience of cases involving fraud (including criminal aspects), duress and financial mis-selling (including negligent advice, misrepresentation and negligent misstatement).

He also deals with property insolvency cases, including those with a cross-border trust element, particularly the Channel Islands and the Caribbean.

Experience Confidential client – acting for a borrower that is in default of a property loan with funds drawn of c.£55,000,000. Includes the defence of a possession claim by receivers where the property is estimated to be worth in excess of £100,000,000. Milton Ashbury Limited –v- Clydesdale Bank PLC - Acted for the claimant where the claim value was estimated at c.£6,000,000 in respect of a fixed rate loan dispute. The claim included allegations of economic duress and misrepresentation. PQW Brenley Corner Limited –v- Santander UK PLC (and another) – Acted for the claimant in a financial derivative dispute. The claim involved allegations of negligent advice and negligent misstatement. Confidential client – instructed by a specialist real estate lender to provide strategic advice on a complex proposed loan of c.£26,000,000 in relation to a mixed use development. Confidential client – acting for a class of investors who purchased units in a failed property fractional investment scheme. The investors’ deposits were used to forward fund development works. Includes an anticipated claim against the investors’ previous solicitors for breaches of duty.