Meet the team

Property Litigation

Davitt Jones Bould

London, England
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Deals

Successfully acted for the respondent in the Court of Appeal case: Mackenzie v Cheung and Infinity, achieving a landmark victory in the case concerning the interpretation of a general release provision in a conveyance. We acted for the respondents in the appeal regarding a restrictive covenant, our lawyer’s expertise in property litigation led to the successful argument that the execution of a Deed of Modification by the vendors, held in escrow, which varied the restrictive covenant to allow the erection of the block would result in the development not breaching the covenant.

Acted for the owners of a prominent Mayfair hotel in a contested lease renewal where possession was required to facilitate a major redevelopment.

Advised a local authority on the remedies the Council would have if the company that leased its principal town centre shopping centre defaulted on its obligations to the Council under the leases it holds. In addition to core rights under the leases, we considered the merits of seeking to put the company into administration. The advice needed to take into account Covid-19 related legislation during a period where this was a very new and fast-moving area of law.

Successfully defended a judicial review challenge in the High Court against North Somerset Council’s development of a special needs school for profoundly disabled children. We advised on all aspects of this case, from the initial compulsory purchase of the land to dealing with the judicial review made against the Council by people who wanted to prevent this critical development going ahead. The school opened in February 2024.

Advised a retailer on various property litigation issues such as break notices, so that our client could exit the retail premises which were no longer performing strongly from a financial perspective. The break notices required our highly experienced litigation team to meet a very strict deadline. If that deadline was missed, they would no longer be able to exit the premises by this means, relying instead on more contentious and expensive legal options. We were able to complete all the break notices to the satisfaction of our client within all the timescales.

Organigram

Team Services

Our team of property litigation specialists have experience in the full spectrum of property disputes including, but not limited to, adverse possession, development disputes, boundary and party wall act disputes, breach of agency agreements, contractual disputes, forfeiture, insolvency, residential leasehold disputes, service charge disputes, rent arrears and complex property disputes.

Whoever you may be, investor, developer, tenant, or landlord, we know you want to avoid litigation. Whilst most transactions are finished without a hitch, from time-to-time disputes can arise. Our team of experts will help you find the right solution and put strategies in place to avoid problems in the future.

Awards and Recognition

Property Week Property Awards 2024

Finalists for Legal/Professional Team of the Year - Commercial Property 2024

Property Week Property Awards 2023

Highly Commended for Legal/Professional Team of the Year - Commercial Property 2023

The Lawyer Awards 2023

Commended for Boutique Firm of the year

The Times Best Law Firms 2022

Commended for Commercial Property and Landlord and Tenant Law

Property Week Property Awards 2022

Finalist for Legal Team Award 2022

Property Week Property Awards 2021

Finalist for Legal Team Award 2021

Estates Gazette Awards 2021

Finalist for Legal Team Award 2021

Legal Business Awards 2021

Finalist for Real Estate Team of the Year 2021