DMH Stallard LLP

Real Estate Dispute Resolution

Emily is Partner and Head of the Real Estate Dispute Resolution group and is based in the firm’s Gatwick office.

Emily is a recognised expert in complex commercial and residential property disputes, including interpretation of property contracts, right to light and telecoms code issues, and business rates appeals.

She has more than 23 years of experience working on a wide range of complex and high value commercial and residential real estate dispute matters. She has acted for a variety of private and public sector clients including local authorities, developers, hotel operators, retailers, educational institutions, pension funds, investors and not-for-profit organisations.

Emily’s property management expertise encompasses providing strategic advice and dealing with contested breach of covenant claims, service charge disputes and obtaining vacant possession of properties. She also has significant experience in development related issues including advising on restrictive covenants, conditional agreements, rights to light, overage disputes, telecoms and enforcement of contractual obligations. In addition, Emily specialises in contested business rates appeals.

Emily prides herself on her commercial, responsive and measured approach to matters. and her ability to build strong relationships with her clients.

Work highlights Acting for a consortium of limited companies, operating in the field of commercial production of heat and electricity through anaerobic digestion, in challenging the valuation offices' methodology of calculating business rating in this green energy sector. A successful outcome will provide substantial savings to those operating in this niche and important arena. Advising National Housing to resolve a significant number of claims to compensation from a neighbouring community to a large scale development in relation to alleged interference with right to light, securing commercially acceptable settlements and releases for future development. Acting for residential portfolio investor in relation to a claim against it for breach of covenant by the freeholder. We successfully resisted the threat of our client losing its interest in a very valuable property which it had sub-let to tenants who themselves were failing to comply with the terms of their tenancy. Acting for commercial landlord wishing to redevelop a site which was part occupied by two telecoms operators who had the protection of the telecoms code. The pursuit of applications to the Property Tribunal and subsequent strategic negotiations successfully secured vacant possession and released significant development value. Successfully acted for PLC ATM operator in Supreme Court Case against Valuation Office's decision to separately rate ATMs therefore securing business rates refund in the millions, and supporting much needed accessibility to cash in the UK's high street and in rural communities. Emily’s current workload includes acting for a national house builder in a significant dispute with a utility company, and for a national bank on its application to the Upper Tribunal seeking compensation from a local authority. She is also dealing with a potential significant repair claim for a national retailer.

English

Member of the Property Litigation Association.