Property litigation in East Midlands

Browne Jacobson LLP

Browne Jacobson LLP's Nottingham group is part of a larger national property disputes practice, which is led by 'true professional' Pamela Shepherd. The team acts for public and private sector clients operating in various industries, including retail, healthcare and insurance. Its work includes disputes arising from developments, as well as landlord and tenant matters. Mark Aldrich has over 28 years of experience in land and leasehold disputes. Associates Louise Read and Helen Taller are also recommended.

Testimonials

‘Browne Jacobson’s team are unique because their approach to the advice that they provide is tailored very much towards the nature of the client and, in our case, this is specific to local authorities.  BJ understand in detail the wider implications of local authorities where litigation is concerned and ensure that this is incorporated into their advice.’

‘Pamela Shepherd really knows her stuff and has an excellent way with clients. She is a pleasure to work with.’

‘Pamela Shepherd gives clear advice and knows the law but also has a great commercial approach to problems and knows how to settle them to her client’s advantage.’

Key clients

Cheshire East Borough Council

Reigate and Banstead Borough Council

Walgreens Boots Alliance

Natural England

London Borough of Croydon

Aggregate Industries UK Limited

Homes England

Paperchase Products Limited

Cornwall Council

DPD Group UK Limited

Work highlights

  • Advising tenant retailer on a dispute with a landlord following closure of store (and consequent significant losses) as a result of damage caused to the building by stormy weather.
  • Advising on all aspects of a CVA entered into by a well-known household retailer and handling a variety of lease issues arising from the CVA.
  • Advising the local authority as a landlord of a shopping arcade and covered market on numerous issues (including strategic) in securing vacant possession for redevelopment purposes

Freeths LLP

Freeths LLP's 'responsive and pragmatic' team, which is based in Nottingham and Leicester, handles property disputes involving breaches of lease covenants, adverse possession, forfeiture and professional indemnity, among other areas. In Nottingham, Paul Tomkins' broad expertise includes service charges disputes, contested lease renewals and dilapidation claims. Simon Baigent, who is based in Leicester, represents real estate clients in various disputes. He also advises insolvent businesses and insolvency practitioners on their property portfolios. Edward Pickard is another key member of the team in Nottingham.

Practice head(s):

Paul Tomkins

Other key lawyers:

Simon Baigent; Edward Pickard

Testimonials

‘Responsive, pragmatic and commercial with a breadth of property expertise.’

‘Paul Tomkins is responsive and commercial with a deep understanding of the law and its application.’

 

Key clients

Chancerygate Asset Management and Development

Deichmann Shoes

Dreams

EM Lawshare

Euro Garages

Jelson Limited

Tarmac

Timpson

Travis Perkins Group including City Plumbing, Toolstation and Wickes

Well Pharmacy

Work highlights

  • Represented a UK-based property investment fund in an overage dispute with a value of over £1m.
  • Advising Travis Perkins Group on all property litigation aspects of around 250 assignments and underleases.
  • Assisted a UK transport company with the eviction of travellers.

Howes Percival LLP

Howes Percival LLP's property litigation team, which is based in Leicester, is particularly strong in landlord and tenant disputes involving contentious break clauses and dilapidation claims. In addition, it also has notable expertise in insolvency disputes. Geraint Davies has a strong track record in landlord and tenant and project-based disputes, which he has developed over the course of more than 25 years. Satnam Chayra focuses primarily on landlord and tenant claims, and she also excels in general property disputes. Jane Bloomer is also recommended.

Practice head(s):

Geraint Davies

Other key lawyers:

Satnam Chayra; Jane Bloomer

Key clients

C Brewer & Sons Limited

Kettle Interiors UK Limited

O Donovan Waste Disposal Limited

Welcome Break Group Limited

Nampak Plastics Europe Limited

Renewi UK Services Limited

Flint Bishop LLP

Flint Bishop LLP specialises in dilapidation disputes, property-related insolvencies and land disputes. Lorna Trueman acts for developers, landlords, landowners and other parties in disputes involving land interests, easements, restrictive covenants and adverse possession claims. Nick Wells has notable expertise in landlord and tenant disputes and property-related insolvency cases. Although Qamer Ghafoor recently became the firm's chief executive, he still handles a number of property disputes for landlords, tenants and developers.

Practice head(s):

Lorna Trueman

Other key lawyers:

Nick Wells; Qamer Ghafoor

Testimonials

‘There is strength and depth of knowledge within the team. They provide a high level of customer service, and they are helpful, approachable and able to respond quickly to difficult and complex situations.’

Key clients

Bowmer & Kirkland

Marston’s PLC

Peveril Securities

National Trust

Food Standards Agency

Haven Insurance Company

Costcutter Supermarkets Group

Henry Boot Developments

Ward Recycling

Methodist Homes

Work highlights

  • Acted for the Food Standards Agency in the case of R (on the application of Agro Foods (Ashford) Ltd) v Food Standards Agency, which determined that the FSA’s reliance on Regulation 4 of a UK statutory instrument implementing EU law known as the Meat (Official Control Charges) Regulations 2009 did not amount to an encumbrance on property in breach of domestic and EU legislation.
  • Acting for National Trust on numerous property litigation matters arising out of the substantial National Trust estate across the UK.
  • Acting for Marston’s PLC on numerous matters in connection with the new statutory Pubs Code and various property litigation matters arising out of its substantial pub and restaurant estate.

Geldards LLP

Geldards LLP represents landlords, tenants, developers and portfolio holders in various disputes, including those involving adverse possession, professional negligence and landlord and tenant issues. Mark Hacking has a wealth of experience in litigation arising from dilapidations, break notice and lease renewal claims. Hacking also represents portfolio holders and developers in title, covenant and right of way disputes. Associates Catherine Gritt and Kim Coveney are also key members of the practice.

Practice head(s):

Mark Hacking

Other key lawyers:

Catherine Gritt; Kim Coveney

Testimonials

‘The team is very responsive and knowledgeable, and always willing to help.  With this team you really get results.’

‘The property litigation team has a reputation for providing reliable advice with a strong focus on commercial realities.’

‘Mark Hacking provides a balanced package of experience, common sense, strong intellect and commercial reality.’

Key clients

Western Power Distribution

Pendragon Group

Boots

Work highlights

  • Advising Western Power Distribution on asset management and protection and acting for them in a wide range of leasehold and freehold contentious disputes.
  • Advising Boots on a specialist lease renewal service for significant retail stores across the country.
  • Advising Pendragon on a range of freehold and leasehold disputes, in particular a contested claim regarding withholding of consent for sub-letting as part of a wider franchise sale.

Knights Plc

Following its recent acquisition of Fraser Brown, Knights plc's Nottingham team predominantly advises and represents clients in lease disputes, breach of contract claims, professional negligence cases and agricultural disputes. Donald Peel remains very active in property litigation, including commercial contract and landlord and tenant disputes. Rachael McConaghie, who joined the firm from Sherrards Solicitors LLP in 2018, represents clients in a wide variety of property disputes. Associate Chris Chan is experienced in commercial and residential property disputes.

Practice head(s):

Donald Peel

Other key lawyers:

Rachael McConaghie; Chris Chan

Nelsons Solicitors Limited

Nelsons Solicitors Limited's team, which is based in Nottingham and Derby, has particular expertise in commercial and residential landlord and tenant disputes, planning law cases and breach of contract disputes. Simon Waterfield has vast experience of landlord and tenant disputes, including those concerning forfeiture, dilapidations and contested rent review applications. He also has niche expertise in flooding disputes. 'Friendly and professional' associate Oliver Maxwell is particularly active in commercial landlord and tenant matters, easement disputes and claims involving the interpretation and enforcement of overage agreements. Cathryn Selby is another key individual.

Practice head(s):

Cathryn Selby; Simon Waterfield

Other key lawyers:

Oliver Maxwell

Testimonials

‘The individuals combine well, involving each other as necessary, and seem to have a clear view of each person’s areas of expertise, which ensures that the client’s requirements are addressed effectively.’

‘Oliver Maxwell is a formidable force to be reckoned with; he will defend your case as well as anyone can, and he has a level of insight which sets him above other solicitors.’

Key clients

Helier Limited

Chevin Homes (Ashbourne) Limited

Nucleus Finance Limited

W Westerman Limited

Redrow Homes (East Midlands) Limited

Abode Hallam Limited

Intelligent Money Limited

Work highlights

  • Dealing with the interference of a legal easement benefitting land to be developed into a residential nursing home by our client.
  • Successfully defended First-Tier Tribunal proceedings challenging the recoverability and reasonableness of their service charges brought by two of thirty leaseholders.
  • Successfully defended a money claim brought by a claimant company alleging breach of certain obligations under a lease to supply biomass energy equipment and counterclaimed for rescission of the lease based on misrepresentation.

Actons

Actons's Nottingham team represents individuals, companies and charities in property litigation involving landlord and tenant matters, breach of contract claims and trust disputes, among other areas. Caroline Bowler has particular expertise in disputes concerning restrictive covenants, adverse possession and easements. 'Efficient and effective' associate Daniel Harley focuses predominantly on landlord and tenant litigation. Associate Gordan Monaghan joined the team from Bray & Bray in 2019.

Practice head(s):

Caroline Bowler

Other key lawyers:

Daniel Harley; Gordan Monaghan

Work highlights

  • Advising a prominent charity regarding their end of lease obligations in a ground f scenario including securing statutory compensation in circumstances where our client’s sub tenant was to remain in occupation of another part of the building.
  • Advising a historic and significant land owner on termination of commercial tenancies in circumstances where the tenancies had not been formally documented at their commencement in the distance past.
  • Advising a private estate regarding enforcement of various freehold covenants including restrictions on user and use of common parts.

Smith Partnership

Smith Partnership's practice predominantly represents clients in landlord and tenant disputes, land and debt collection claims. Russell Davies has over 25 years of experience as a commercial litigator, which makes him well-placed to represent clients in various property disputes, including contested lease renewals, dilapidation claims and insolvency cases. Bally Atwal has particular expertise acting for landlords in disputes with tenants.

Practice head(s):

Russell Davies; Alison Neate

Other key lawyers:

Bally Atwal

Key clients

Ei Group PLC

Littler Investments Ltd

Bridgefast Finance Limited

Sure Sales and Lettings Limited

John German Limited

Scargill Mann Limited

Work highlights

  • Represented Littler Investments in an appeal of Landlord and Tenant Act Lease renewal claims following an earlier four day trial.
  • Represented EI Group, contesting possession proceedings relating to the service of notice on charge holders prior to the commencement of proceedings, which settled by consent with payment in full of the arrears.
  • Represented claimant Greenlands Trading in a possession claim claim contested by debtor under the Consumer Credit Act.

Wilkin Chapman LLP

With sector specialisms that include agriculture and renewable energy, Wilkin Chapman LLP's 'excellent' team focuses on commercial property disputes, contested landlord and tenant matters, recoveries and forfeiture disputes. Andrew Holt specialises in renewable energy and alternative technology matters, including judicial reviews, planning law and breach of contract claims. Joshua Briggs handles a varied caseload of property disputes, and has a particular specialism in trespass claims.

Practice head(s):

Joshua Briggs; Andrew Holt

Testimonials

‘The service provided by the team is second to none. They are excellent at ensuring client satisfaction by providing regular updates as to case progression, they give and/or obtain realistic advice for their clients at an early stage to ensure that all steps taken are proportionate and all decisions made are fully informed.’

‘Joshua Briggs’ legal knowledge is exceptional. He grasps issues swiftly and identifies solutions at an early stage wherever possible. Joshua is also excellent with clients, he has a firm but fair approach to disputes, and will take all necessary steps to bring about a resolution for his clients.’

Key clients

Canal & River Trust

MSL Legal Expenses Ltd