Eversheds Sutherland

Karen Mitchell is a Senior Associate in the Real Estate Litigation team. Whilst Karen has a varied practice advising both landowners and tenants on a diversity of real estate related disputes, both commercial and high-end residential, Karen is a key and leading member of the niche London landowner Telecoms team.

Karen has been regularly acting for landowners on disputes and advising on matters arising out of the new Code, since it came into force in December 2017. Karen’s involvement at the forefront of this emerging area of law is evidenced by the fact that she has acted for landowners in a significant number of the precedent setting cases under the new Code including on:

• an operator’s rights of access: CTIL v University of London [2018] UKUT 0356 (LC) and The University of London v CTIL [2019] EWCA Civ 2075;• full Code Agreements: EE Ltd and Hutchison 3G UK Ltd v the Mayor and Burgesses of the London Borough of Islington [2019] UKUT 0053 (LC);• valuation: EE Ltd and Hutchison 3G UK Ltd v the Mayor and Burgesses of the London Borough of Islington [2019] UKUT 0053 (LC); • a landlord’s intention to redevelop: EE and H3G v Trustees of the Meyrick Estate [2019] UKUT 164 (LC); • the interaction between the Landlord and Tenant Act 1954 and the Code: CTIL v Ashloch Limited and AP Wireless (II) UK Limited [2019] UKUT 0338 (LC);• the meaning of ‘subsisting agreement’ under the Code: Arqiva Services Limited and AP Wireless II (UK) Ltd [2020] UKUT 0195 (LC); and• paragraph 17 of the Code: On Tower UK Limited and J.H. & F.W. Green Limited [2020] UKUT 0348 (LC)

Karen also has experience advising on obtaining vacant possession for large and complex redevelopments in prime Central London and was involved in the recent important Court of Appeal case of: Point West GR Ltd v Rita Bassi & Ors [2020] EWCA Civ 795 which reiterated the important principle of finality of litigation.

Senior Associate