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Chambers of Andrew Smith QC

55 TEMPLE ROW, BIRMINGHAM, B2 5LS, ENGLAND
Tel:
Work 0121 246 7000
Fax:
Fax 0121 246 7001
DX:
723240 BIRMINGHAM-56
Email:
Web:
www.st-philips.com

Anthony Verduyn

Tel:
Work 0121 246 7000
Email:
St Philips Chambers (Chambers of Andrew Smith QC)

Position

The broad focuses of Anthony’s practice are property litigation and landlord and tenant disputes, with professional negligence and partnership claims undertaken in that context. Anthony appears regularly in the higher courts, but has broad experience in the County Court (where he also sits as a Recorder) and in references to the Property Tribunal (where he also sits as Tribunal Judge in Land Registration and Residential Property divisions). In property litigation, recent highlights have been Court of Appeal cases regarding adverse possession and boundaries (Durden v Aston [2012] EWCA Civ 636), and High Court proceedings on matters as diverse as a retrial of a dispute over a business frontage (Balevents v Sartori [2014] EWHC 1164 (Ch)), enforcing a solicitors undertaking in respect of a mortgage and construing the terms of a contract of sale. He has also advised regarding restrictive covenants, relevant to land development and unlocking value up to £13m. Landlord and tenant work can be equally varied, with High Court cases dealing with the installation of beer flow monitoring equipment (Unique Pub Properties Ltd v Broad Green Tavern [2013] LLR 206), the terms of a business renewal, and the consequences of forfeiture and surrender. The value of these cases can run from millions of pounds (the operation of a break clause in offices at Heathrow) down to the desire to preserve one’s home (the loss of part of a front garden). Anthony recognises that every case is important to the litigants. Some cases can be very urgent, like the expulsion of protesting students from an unsuitable building to the keeping open of a market for its traders when strike action threatens. A willingness to commit at short notice to getting the desired result is essential in such matters. When property deals and relationships go wrong, litigants often look for a party at fault, and Anthony has a specialist professional negligence practice recently dealing with over-valuation of land for security (for Blemain Finance Ltd), incompetent estate management and conveyancing errors. The holding of property by partners can also generate specialist work with particular problems, including confidentiality. Anthony is always keen to establish a strong rapport with profession clients (who include surveyors and other property professionals, as well as solicitors) and with lay clients. In many cases, site views are essential and he is a willing traveller.

Career

Called 1993, Lincoln’s Inn. ADR Group accredited mediator; member of Birmingham Law Society Property and Development Committee; examiner of the Court 2004; Judge, First Tier Tribunal Property Chamber (Land Registration and Residential Property divisions); recorder, (civil 2009, private family 2013).

Member

Property Bar Association; Midland Chancery and Commercial Bar Association; Birmingham Law Society.

Education

Durham (BA Hons, first class); City University (Dip Law); Oxford University (D Phil).


Regional Bar : Midland Circuit

Property

Within: Property – Leading juniors

Anthony Verduyn - St Philips ChambersNoted for his expertise in landlord and tenant disputes.

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