Five Paper

Sam is a property and trusts specialist and member of Five Paper’s Property Division. Sam is ranked as a leading individual in both Chambers and Partners and Legal 500.

Sam Phillips accepts instructions in all areas of property law, but with particular emphasis on trusts of land, real property and leasehold matters. Sam frequently acts on behalf of private and commercial banks in proceedings relating to charges and mortgages regularly appearing in the County Court, High Court and Property and Land Chambers of the Tribunal.

Most recently Sam has acted as sole counsel in the Chancery and Queen’s Bench Divisions of the High Court and appeared in the Court of Appeal, as junior counsel to Nicholas Grundy QC.

Before joining Chambers, Sam managed and developed a portfolio of 850 properties in London for one of the largest landlords in the UK. Drawing on his industry experience, Sam provides a clear, accessible and commercially sensible service to clients at all stages of litigation and in mediation.

Landlord & Tenant and Social Housing:

Acting for landlords and tenants in all areas of  commercial property and housing law, particularly contested possession claims, article 8 and proportionality challenges as well as homelessness appeals, obtaining Anti-Social Behaviour Injunctions and enforcement through committal proceedings.

Recent experience:

• Appeared for the successful respondent in a Declaration of Incompatibility claim in the Court of Appeal (led by Nicholas Grundy QC);
• Obtained £100,000 Unlawful Profits Order resulting from AirBnB lettings;
• Resisted application for a Declaration of Incompatibility relating to the Housing Act 1985 in the Queen’s Bench Division of the High Court.

Property Litigation

Release from covenants, enforcement of covenants, adverse possession claims, commercial leases, leasehold enfranchisement, injunctions and boundary disputes. Claims arising from Japanese Knotweed and associated issues. Acting for landlords, property managers and RTM companies in the Property Chamber.

Recent experience:

• Resisted an appeal to the Court of Appeal in the matter of Frejek v Frejek on the basis that unwitting breach of a Court order still constitutes contempt of Court
• Application for release from restrictive covenant in the Upper Tribunal to allow for residential development
• Resisted an appeal in the B&PC (Chancery Division) relating to beneficial interests determined by a gifted deposit form
• Acted for the successful Respondent trustees in an appeal in the B&PC (Chancery Division) in a claim for adverse possession of commercial property

Trusts

Contested applications under the Trusts of Land and Appointment of Trustees Act (TLATA), property disputes arising from contested wills and probate.

Recent experience:

• Successfully argued for findings of contempt of court against the former executor of a will for failure to comply with an order made in the Chancery Division of the High Court;
• Obtained an order for the removal of an executor and replacement with an independent professional at a contested final hearing in the Chancery Division of the High Court (Birmingham);
• Defeated a claim under TLATA for a beneficial share of a portfolio of homes in West London;

Reported cases include:

Thompson and Rickard v Collins & Collins [2020] UKUT 330; [2020] WLUK 179: Thomas v Smalling [2020] EWHC 3816 (Ch); [2020] WLUK 336; Frejek v Frejeck & Foote [2020] EWHC 1181 (Ch); [2020] 5 WLUK 157;LB Haringey v Simawi and Secretary of State for Communities and Local Government [2019] EWCA (Civ) 1770; [2020] All ER 701; [2020] PTSR 702; [2019] WLUK 445; [2020] HLR 13;

Qualified 2011; Middle Temple.

Deputy Head of Chambers

Property Bar Association, Chancery Bar Association

Salesian College, University of St Andrews (MA International Relations, 2008); City University (GDL, 2010); City Law School (BPTC, 2011). City Law School Scholar 2011.