J B Leitch Ltd

Dispute Resolution and Litigation - Director

Legal Director

Phil is frequently instructed on behalf of landlords and asset managers in relation to forfeiture, both residential and commercial, breach of covenant/contract, landlord and tenant disputes and injunctive relief together with complex appeals from the First-tier-Tribunal (Property Chamber) to the Upper Tribunal and Court of Appeal.

Legal Director Phil Parkinson has specialised in property litigation for over 13 years. He has been ranked in the Legal 500 for a number of years and in 2021 received Rising Star status for a third consecutive year.

The majority of Phil’s work involves high value and complex cases often within the appellate courts. He has significant experience in acting for clients for cases that are listed within the Upper Tribunal, Court of Appeal, Queens Bench Division and the Technology & Construction Courts and has been involved in significant reported cases including recent matters relating to liability for cladding costs, fire safety, service charges and injunctive relief.

Recent examples of instructions include:

Significant advisory work and litigation relating to landlord’s obligations regarding fire and building safety, with a specific emphasis on the Defective Premises Act 1972, Housing Act 2004 and the Fire Safety Order following the Grenfell Tower tragedy, including acting in several of the leading cases since. Case determination related to easements and rights of way, setting a legal precedent as to the definition of a ‘private motor vehicle’ and practical application of this wording. Significant high-volume Tribunal application relating to service charge apportionment across all leaseholders of properties comprising a new housing estate in the West Midlands. A complex series of linked cases in a wide property portfolio owned by an institutional landlord client relating to flat rents, contingency fees, variable administration charges and the viability of income worth £millions to our client. Obtaining determinations on liability in relation to multi-million pounds worth of fire and building safety costs. Advisory and pre-litigation instructions acting against Network Rail in connection with building safety issues, indemnity arrangements and ancillary contracts. Pre-litigation advice against multiple parties in connection with breach of contract, negligence and statutory duty.

Areas of Specialism

Phil has extensive experience in the following areas:

Building safety niche expertise, in particular relating to the Defective Premises Act, recoverability of service charge and planning for leasehold charging structures Residential and commercial landlord and tenant disputes, including service charge, breach of covenant and trespass. Appeals to the Upper Tribunal and Court of Appeal. Injunctions – including trespass, breach of covenant and development disputes. First-tier Tribunal cases – service charge, breach of covenant. Cases within the County Court, High Court and Business & Property Court. Advising on complex disputes, especially those relating to large and mixed-use schemes.

Notable Cases

A number of Phil’s recent and recognisable cases include:

Adriatic Land 3 Limited v Leaseholders of Sesame Apartments (Service charge consultation procedure/Building safety) HVM (Crystal House) Ltd v RMB 102 Ltd (Service charge apportionment/Building safety) Barking Central Management Company (No.2) Limited v Leaseholders of Lemonade Building, Bath House & 87 Axe Street (Service charge consultation procedure/Building safety) RMB 102 Ltd v Leaseholders at Snowdon Mount (Service charge reasonableness/Building safety) Adriatic Land 5 Limited v Lessees at Hippersley Point (Service charge consultation procedure/Building safety/Costs) Dickens Heath Management Company Limited v Residential Leaseholders of the Dickens Heath Estate (Complex service charge apportionment)

More about Philip Parkinson:

Qualified: 2008 JB Leitch Ltd – 2009 to present Legal Director since April 2016

Law Society Of England and Wales

BA (Hons) Post Graduate Diploma in Law

Mixed martial arts, Rugby Union and football