Gatehouse Chambers is a progressive and growing set, offering a broad range of property expertise including commercial and residential landlord-tenant disputes, real property, lease renewals, dilapidation claims and cladding related work. John de Waal KC acted in Prime London Holdings 11 Ltd v Thurloe Lodge Ltd, the first application for an access order under the Neighbouring Land Act to be tried before the High Court. Brie Stevens-Hoare KC successfully represented the respondents in White v Amirtharaja before the Court of Appeal, a significant case regarding issues of adverse posession and the evidence required to prove various contentions. Junior Lina Mattsson was successful in West India Quay Ltd v East Tower Apartments, with the Court of Appeal handing down a landmark judgment for the interpretation of the Landlord and Tenant Act as it relates to utilities charges; with the landlord subsequently seeking permission to appeal from the Supreme Court. Steven Woolf has been at the forefront of the development of the law around preventative “persons unknown” injunctions, acting in LB Richmond-upon-Thames & Others v Persons Unknown & Others; a follow-on from LJ Nicklin pooling around 38 unlawful occupancy cases concerning traveller encampments.
Property litigation in
London BarGatehouse Chambers
Testimonials
Sets
‘I work a lot with Gatehouse Chambers and I find their service to be exceptional. ’
‘Gatehouse have very good strength in depth in property litigation and a range of options. They are the most user friendly set I work with and counsel are happy to work flexibly and in a more modern fashion. ’
‘Gatehouse offers a service which is second to none at the property bar. ’
‘They are a set which is ever growing and changing. They adapted quickly to the changing landscape over the last few years, with their move to new offices and change of name brining upon a new ethos and showing their willingness to evolve. ’
‘Gatehouse is very good in terms of availability of counsel and being able to offer a wide array of experiences. They offer a junior webinar programme as well as regular “Brews”, which have been very well received during the pandemic. ’
Clerks
‘The clerks are responsive and knowledgable. James Duncan-Hartill and Claire Gallacher are particularly strong. ’
‘The reason Gatehouse Chambers succeed in my opinion is testament to James Duncan-Hartill and Patrick Sarson who, no matter how many firms or direct access individuals they are dealing with, always make you feel that you are their number one priority. ’
‘Patrick Sarson of Gatehouse Chambers is outstanding – always available, highly organised, personable and extremely professional. ’
‘The clerk’s room is the best in the business. James Duncan-Hartill leads a strong team and he is ably supported by Patrick Sarson amongst many others. They are all responsive, knowledgeable and a pleasure to work with. ’
Landmark Chambers
Landmark Chambers had another outstanding year and solidified themselves as a leading set for property litigation; boasting a wealth of experience from the more general landlord-tenant and real property issues, to the more specialist insolvency-related litigation, right to mange cases and Covid-19 rent arrears matters. The senior ranks were strengthened by Toby Watkin KC and Galina Ward KC taking silk, the only new property litigation silks in 2022. Tom Weekes KC acted for the appellants before the Supreme Court in the high-profile Fearn v Trustees of the Tate Gallery case concerning the Tate Modern’s viewing gallery. Toby Watkin KC has acted for the real estate company in Annington Property Ltd v Ministry of Defence, one of the largest and most complex series of rent review arbitrations ever conducted. The sets strength in depth was illustrated in Firstport Property Services v Settlers Court RTM; where juniors Simon Allison, Kimberley Ziya and Rupert Cohen successfully represented the appellant in a landmark Supreme Court decision, shifting the law surrounding the right to manage with significant consequences for the government’s legislative proposals to the existing scheme. Justin Bates has developed an impressive specialism in leasehold disputes and the addition of Andy Creer from Gatehouse Chambers adds further telecoms expertise.
Testimonials
Set
‘A wide range of members available to assist in property disputes, from exceptional juniors to extraordinary silks. The service levels are second to none, overall a great set. ’
‘Landmark are my preferred chambers for all property, real estate and commercial property matters. They have great strength in depth. ’
‘A top drawer set with an excellent reputation, Landmark are the go-to set, particularly involving issues which combine both property and planning issues. ’
‘Their combination of expertise, approachability, practicality and collaboration cannot be beaten. ’
‘Landmark Chambers is one of the leading property sets in the city. First rate in every aspect from juniors to silks, my experience of every barrister I have instructed has been universally positive. ’
Clerks
‘Mark Ball is outstanding and sets the bar for senior clerks. ’
‘Best clerking room in the property litigation arena, Mark Ball is a cut above. ’
‘All the clerks we have dealt with have been most helpful, responding quickly and dealing with enquiries with skill and professionalism. ’
‘The absolute best in terms of response and support, nothing is ever too much hassle or tight a deadline. ’
Tanfield Chambers
Tanfield Chambers has a long-standing reputation in the specialist fields of landlord and tenant, commercial real estate and real property, including more specialist sub-areas such as enfranchisement, party walls and service charge work. Head of chambers Philip Rainey KC and Nicola Muir acted successfully for the respondent before the Court of Appeal in Eastern Pyramid Group Corp SA v Spire House RTM Co, an important decision relating to the service of a notice for a right to manage claim under the Commonhold and Leasehold Reform Act. Mark Loveday appeared in FirstPort Property Services v Settlers Court RTM Co, the first right to manage case to reach the Supreme Court; and Dell v 89 Holland Park Management Ltd, believed to be the largest ever individual residential service charge dispute before the property tribunals. Kerry Bretherton KC appeared in Star Pubs and Bars Ltd & Punch Partnership v McGrath, one of the few reported cases on the Pubs Code, successfully convincing the High Court to uphold an arbitrator’s award regarding a lease dispute between a tenant and landlord. The decision of the Court of Appeal in Chaun-Hiu & Ors v Alford House (Park Lane) Maintenance Trusteed Limited has become the leading decision on Part II of the Landlord and Tenant Act, with Jonathan Upton acting for the tenants throughout the proceedings.
Testimonials
Set
‘I am a big fan of Tanfield and consider them to be a set consisting of impressive barristers. I instruct a number of their advocates spanning across qualification experience, all of whom are professional and provide quality practical and commercial advice. In over 18 years of instructing them, I have never had cause for complaint. ’
‘Outstanding strength in depth and their clerks are highly efficient. ’
‘Tanfield Chambers are one of the preeminent sets for property disputes in London. They are amongst the best and second to none for enfranchisement and indeed any residential dispute. ’
‘Fantastic set with very good juniors emerging. ’
Clerks
‘I find all the clerks I have dealt with to be approachable, responsive and helpful; generally doing everything possible to ensure counsel are available. ’
‘Amendable, easy to contact and responsive clerks. ’
‘I am happy with the service provided by the clerks room and by Billy Forecast in particular. ’
‘They are very responsive and helpful, even if your chosen barrister is not available, they will always come up with alternatives. ’
Work highlights
Wilberforce Chambers
Wilberforce Chambers has a wealth of experience in its senior ranks, which, complimented by a crop of talented juniors, provides a comprehensive covering of the gamut of property litigation areas; the core of which include commercial and residential landlord-tenant work, mortgages, title and development disputes and the rural economy. The addition of John McGhee KC from Maitland Chambers and Alice Hawker from Selborne Chambers demonstrates the efforts made to expand the sets property practice, with the former adding considerable experience regarding niche areas such as minerals, rights of light and telecoms. Three combined appeals of Cornerstone v Compton Beauchamp/Ashloch and On Tower v AP Wireless feature McGhee KC, Jonathan Seitler KC and Emer Murphy ; they are the first Supreme Court cases to consider the Electronic Communications Code, with the ruling finally clarifying who is an occupier for the purposes of that code. Martin Hutchings KC led Harriet Holmes in Bath Rugby and BRT v Greenwood and others, a Court of Appeal case concerning restrictive covenants and Bath Rugby’s use of The Recreation Ground. Joanne Wicks KC represented the claimant in the protracted and previously before the Supreme Court S Frances Ltd v The Cavendish Hotel (London) Ltd, the result of which sparked significant interest in the property sphere as it confronted how retail rents in London had been reduced by the pandemic. Charlotte Black is now at the Law Commission.
Testimonials
Set
‘Wilberforce is my go-to set. They provide an exceptional service and the quality of their counsel is some of the best in the market. ’
‘Their property litigation offering continues to go from strength to strength, Wilberforce are a thoroughly modern chambers property-wise and have stolen a march on a number of its competitors in recent years. ’
‘Wilberforce is one of the leading sets for property disputes and telecoms issues; particularly with the recent acquisition of John McGhee KC, adding to what was already an excellent range of barristers. ’
‘An outstanding set for property and real estate litigation. It is not just that the silks are outstanding, but you also get first-class juniors at all levels. ’
‘Wilberforce have really upped their game over the past few years and now on any analysis must be seen as the set to have in your corner for any property dispute. ’
Clerks
‘The service is speedy and efficient; Conor Michaels is particularly fantastic. ’
‘The clerks room is superb. They are extremely responsive, approachable and work well under pressure, often having to find available counsel at short notice. ’
‘Fraser Geddes understands the brief and delivers for instructing solicitors time and time again. ’
‘A great clerking team, with Fraser Geddes standing out as particularly proactive and supportive. ’
Maitland Chambers
Maitland Chambers encompasses prominent experts, both silks and juniors, in a wide range of property litigation areas; from residential enfranchisement to property development, acting for private individuals up to large multinational companies. Christopher Pymont KC represented AP Wireless II in the combined Supreme Court appeal of Cornerstone v Compton Beauchamp/Ashloch and On Tower v AP Wireless; the first case to clarify certain aspects of the Electronics Communications Code governing the siting of telecoms infrastructure on private land. In one of the most anticipated cases of 2022, Philomena Harrison is acting for the appellants in BNY Mellon v Cine-UK Ltd, tackling the legally and factually complex issue of rent arrears caused by Covid-19. Michael Pryor continues to represent the global energy company in Pearson Plc & Strandbrook Ltd v Shell International, defending his challenge to a high value liability claim to commercial service charges before the High Court.
Testimonials
Sets
‘Maitland are a particularly user friendly set. They are swift to respond and the barristers are unstuffy, happy to be instructed directly and without unnecessary formality . ’
‘Maitland Chambers continue to be a powerhouse in property litigation. All the barristers I have dealt with have been skilled and I have never not been able to find what I need when enquiring. ’
‘Maitland is a leading commercial set at the top of their game. They possess a wealth of experience and strength in numbers. ’
‘A top set, having many recognised leaders and junior barristers in their field of expertise. ’
Clerks
‘Maitland clerks are very professional and provide a rapid service. I have found James Rose particularly efficient and helpful. ’
‘Their clerks are exceptional and always want to help. The response times are brilliant and consistently better than any other set that I work regularly with. Rob Penson is someone I will always reach out to as I know I will be in safe hands. ’
‘Rob Penson is a proper clerk – responsive, helpful and always aiming to deliver top service. ’
‘The Clerks are great. They are very responsible, know clients and barristers well and manage diaries seamlessly. ’
Selborne Chambers
Selborne Chambers is an ‘outstanding‘ set with a healthy mixture of prominent property silks and juniors, offering expertise from the broader real property and landlord-tenant disputes, to the more specialist breach of covenant, rights to light and adverse possession matters. Mark Warwick KC appeared before the Court of Appeal to address three separate points of principle regarding service charges in Kensquare v Boakye; specifically whether time is “of the essence” when the machinery for the recovery of a final service charge is concerned and whether a landlord could recover the legal costs from tenants after initiating proceedings. Nicholas Trompeter KC acted on behalf of a landlord attempting to recover almost £3 million of rent in London Trocadero LLP v Picturehouse Cinemas Ltd, one of the most high-profile property disputes of 2021 and another significant case in the development of the law around Covid-19 rent arrears, with the matter now heading to the Court of Appeal. Justin Kitson has built up impressive expertise in telecoms work, appearing before the Supreme Court in On Tower v AP Wireless, a case concerning the Telecoms Code joined with two other appeals.
Testimonials
Set
‘Selborne Chambers is an outstanding set. My firm regularly instructs their junior barristers and the level of service is consistently good, often requiring action on matters at short notice, usually interlocutory hearings, and they always deliver. ’
‘Selborne are definitely our go-to set; commercially minded, responsive and very user friendly. They regularly provide training in significant areas of property litigation law, including most recently on cladding and service charge issues. They certainly have great strength in depth. ’
‘They are generally very strong, particularly on residential property matters. ’
‘There are several members of Selborne who are very capable property litigation experts. Any instruction to every member of this set is always dealt with thoroughly and efficiently. ’
Clerks
‘I have a good working relationship with the clerks at Selborne, in particular Oliver Ventura, who is very professional, fair and always on hand to help. ’
‘Darren Madle and Paul Bunting are incredible, they feel like an extension of our own practice. ’
‘I have dealt exclusively with Richard Sheehan for many years and he is the most proficient and approachable clerk I have worked with in my whole career . ’
‘Very good overall service. A particular mention to Paul Bunting, who is excellent at keeping on contact with instructing solicitors. ’
New Square Chambers
New Square Chambers enjoys a strong reputation for expertise in both commercial and residential property litigation; with areas of focus spanning from the core real property and landlord-tenant disputes, to the more specialist leasehold enfranchisement and disputes concerning public access to land. The set’s members have a particularly diverse client base, ranging from London landowning estates and local authorities to private individuals and developers. George Laurence KC led Simon Adamyk in the significant Court of Appeal decision Blackbushe Airport Ltd v Hampshire County Council, successfully representing the respondent in a case which clarified over a century of jurisprudential development surrounding the meaning in law of the term “curtilage”. Paul Wilmshurst utilised his expertise in boundary disputes in a complex case before the High Court, with Gibson & Anor v New & Anor calling into question a long standing principle that boundary agreements are binding on successors-in-title. Jeff Hardman acted for the landlord in Dhadwal v Heathrow Inn Hotel Ltd, a novel case as the High Court decision concerning the distinction between a restaurant and a shisha lounge as regards to the interpretation of a common user clause found in a commercial lease.
Testimonials
Set
‘A well regarded traditional chancery and property law set, with a depth of expertise in those fields. ’
‘New Square are a first-class set. I use many of their juniors, all of which are extremely experienced and knowledgable. ’
‘I find the set particularly accessible and have been using them for many years. I am always able to access counsel and their clerks, both being extremely responsive and helpful. ’
‘We have always found dealing with New Square Chambers easy and hassle-free. The clerks are engaging and helpful and the set has a particular strength in property litigation. Our perception is that their set is dynamic and forward thinking in their approach to client care and PR. ’
Clerks
‘Clerks at New Square are very helpful, taking the time to understand what clients and their solicitors need. Michelle Green especially is quick, efficient and effective. ’
‘The clerks are a pleasure to deal with and Nathan Hitchman is effective and pragmatic. ’
‘Michelle Green and Cameron Grant are receptive and very user-friendly. ’
Radcliffe Chambers
Radcliffe Chambers is a multidisciplinary set, combining core practice areas such as real estate litigation, with more specialised expertise in matters concerning property tax disputes, planning permissions and enfranchisement issues. They have secured a steady stream of property work from a wide range of sources, nurturing close working relationships with national and local public authorities. Kate Selway KC continues to utilise her vast experience of tax issues arising from property matters, representing the claimant in Hall v HMRC; a case before the High Court confronting the issue of when an interest in possession is mistakenly assumed and its impact on inheritance tax liability. Nathan Wells successfully represented the appellant before the Court of Appeal in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd, raising legally esoteric questions regarding what property rights existed in live fish and whether they were passed upon the transfer of the containing fishery, an ultimately novel issue not directly approached in English law prior. Howard Smith is regularly instructed on the most complex cases arising from the Party Wall Act.
Testimonials
Set
‘Radcliffe are a very strong set, with great depth across both the junior and senior range. We have always been able to match counsel to claims as they arise, at the right level and with the right skills. ’
‘Radcliffe Chambers has a wealth of experience across all levels of property litigation. They are really starting to challenge some of the more established sets in this area. ’
‘I have instructed many barristers from this chambers and have been impressed by the expertise of all. Generally, they always make themselves available ever at short notice. ’
‘They have unquestionable client service, Radcliffe are always at the top of their game. Their barristers are all extremely capable, friendly and available. Nothing is too much. ’
‘Excellent set to work with and we value our relationship with them, particularly commercially minded. ’
Clerks
‘Brilliant clerking – very responsive and understanding. Justin Allen and John Clark are calm and reliable presences, always responsive and helpful. ’
‘The clerks are always very polite, eager to assist and have good turnaround times. ’
‘Fantastic, going out of their way to find me a barrister on a Friday afternoon for an injunction hearing early Monday morning. ’
Serle Court
Serle Court offers a number of approachable specialists, providing detailed expertise to the often convoluted issues centering around covenants, land registration, trusts and easements. Rupert Reed KC is representing a offshore property developer in Aurium Estate London Ultra Prime Ltd v Mishcon de Reya LLP; with the developer bringing the negligence claim against the real property team of the legal firm for its failure to advise on the litigation risk inherent in a plan to demolish a building and build around a hold-out tenant, the case is worth close to £50 million and one of the most anticipated of 2022. Christopher Stoner KC epresented the defendant in Horsford v Horsford, a High Court case involving a complex proprietary estoppel counterclaim relating to a family dispute over shares in a farm; Christopher also has niche expertise in water related property matters and the law of canals. Andrew Francis , along with party walls and restrictive covenants, has particular experience in right to light matters, advising on issues which affect sites both domestically and abroad.
Testimonials
Set
‘Serle Court is a strong chambers with an increasing range of high quality property litigators, who have expanded over the last few years. ’
‘I am a big fan of Serle Court as a whole. On the property litigation side they have a good range of counsel, including for specialist areas such as rights to light. The silks are, as you would expect, wonderful, but they have a good range of senior and junior juniors as well. ’
‘Serle Court has a number of amazing juniors who are experienced in property litigation matters and able to pick up a case and run with it whenever required. They are always able to accommodate instructions across the team and fantastic in-house training is offered on a regular basis. ’
Clerks
‘The clerks, in particular Charlie Payne, are extremely helpful and communicative and always try to help if there is an urgent matter. ’
‘The clerks room is brilliant – nothing is too much trouble and they always go the extra mile. Dan Wheeler is a breath of fresh air; easy to deal with, straight forward manner and good fun to work with. ’
‘Very responsive and have a knack for finding the right person for the job. ’
Enterprise Chambers
Enterprise Chambers considers property litigation one of its most important practice areas, with landlord and tenant work at its core and complemented by specialist expertise in the subsidiary areas of insolvency and property-related professional negligence. The set primarily caters to the mid-tier City and regional firms, but has seen their share in the upper echelons property litigation market growing in recent years. Kavan Gunaratna has been representing the claimant in Chis 3 Ltd v Virgin Active Ltd, a case following the heavily publicised restructuring Virgin Active entered into to write off substantial rent arrears owed to its landlords; this decision will be the first to consider landlords’ rights under standard forfeiture clauses where a tenant enters into a restructuring plan, with the site in question being worth around £300 million. In Various Lessees of Duchess of Bedford House v Campden Hill Gate Ltd, Edward Francis successfully represented the claimants in an issue relating to parking rights over an adjoining private road; as well as factually complicated, this case raised complex questions regarding the operation of section 62 of the Law of Property Act.
Testimonials
Set
‘A very user friendly set, all the barristers I have used have been approachable and excellent at what they do. ’
‘The particular advantage of instructing Enterprise Chambers is the range – and therefore availability – of counsel that it can offer. ’
‘Enterprise has a core of absolutely superb counsel. ’
Clerks
‘Their clerks are competent in the extreme and move mountains to make things work. ’
‘First rate, they can not do enough for you. ’
Falcon Chambers
Falcon Chambers continues to lead across the spectrum of property litigation areas, with silks and juniors playing influential roles in many of the most significant and precedent shaping cases of the last year, including those affecting rights to light, telecoms, enfranchisement and the valuation hypothesis. As of publication, it is the only set approved as an arbitration body under the Commercial Rent (Coronavirus) Act. The high-profile Fearn v Board of Trustees of the Tate Gallery case, concerning the Tate Modern’s viewing gallery which overlooks luxury flats, has been seen through to the zenith of the UK courts as Guy Fetherstonhaugh KC and Elizabeth Fitzgerald acted on behalf of the respondent; with the awaited Supreme Court judgment having considerable ramifications for the law of nuisance and its complicated interface with human rights. Stephen Jourdan KC and Mark Sefton KC appeared before the Court of Appeal during Alberti v Cadogan Holdings Ltd, the former being successful for the respondent in a leading enfranchisement decision, specifically regarding the interpretation of the no-improvements assumption in determining the price payable for the freehold of a house. Junior Nathaniel Duckworth is acting for a defendant landlord in Valley View Health Centre v NHS Property Services Limited, one of the top property litigation cases of 2022, the outcome of the ‘five test cases’ having significant financial and legal implications for the GP’s service charge spectacle. Tricia Hemans appeared before the Supreme Court in Cornerstone Telecommunications v Ashloch Ltd and another, utilising her expertise to deal with complex issues arising under the Electronic Communications Code.
Testimonials
Set
‘Fantastic and high quality property specialists. You can not get a stronger set overall in this area. ’
‘Falcon are a real estate brand, this is their core business and they have excellent people at all levels. ’
‘Falcon are simply fabulous. The breadth and depth they cover in the property space can not be matched. ’
‘Falcon offers a great series of training sessions, and there were particularly invaluable during Covid-19, when the law was constantly evolving and keeping in touch was more difficult. ’
‘Falcon are a knowledgeable property set with leading leasehold barristers offering a wealth of knowledge. Their webinars are frequent and well thought out, offering CPD and guidance. ’
Clerks
‘Their clerks are helpful and efficient, going out of their way to suggest alternatives if a particular barrister is not available. ’
‘The clerks are particularly helpful – going above and beyond to accommodate cases at short notice. ’
‘James Clarke is very efficient, friendly and easy to work with. ’
‘Senior clerk John Stannard is always the first to respond when I am approaching a number of sets for availability and always suggests suitable alternatives. He is a great character and an absolute asset for Falcon. ’
Henderson Chambers
Henderson Chambers has a strong property team covering a broad array of real estate litigation matters, with a diverse client base including national and local government, developers, commercial and social landlords and private individuals; all seeking specialist knowledge of areas including real and commercial property, residential landlord-tenant and co-ownership and trusts of land. Jonathan Steinert has spent over two decades specialising in contentious and non-contentious property disputes, his vast experience being sought for complex litigations involving covenant and dilapidation disputes. Malcolm Sheehan KC is highly regarded for his expertise in property development issues and infrastructure disputes, acting for both private and public sector developers. George Mallet acted for a tenant in Elu v Floorweald Ltd, successfully convincing the High Court to strike out an appeal seeking to relitigate fraud allegations.
Testimonials
Set
‘When it comes to real estate matters, Henderson Chambers is always high quality, commercial and reliable. ’
Clerks
‘The clerks are engaging and quick to respond and timescales for the provision of advices always met. ’
Gatehouse Chambers
Testimonials
Sets
‘I work a lot with Gatehouse Chambers and I find their service to be exceptional. ’
‘Gatehouse have very good strength in depth in property litigation and a range of options. They are the most user friendly set I work with and counsel are happy to work flexibly and in a more modern fashion. ’
‘Gatehouse offers a service which is second to none at the property bar. ’
‘They are a set which is ever growing and changing. They adapted quickly to the changing landscape over the last few years, with their move to new offices and change of name brining upon a new ethos and showing their willingness to evolve. ’
‘Gatehouse is very good in terms of availability of counsel and being able to offer a wide array of experiences. They offer a junior webinar programme as well as regular “Brews”, which have been very well received during the pandemic. ’
Clerks
‘The clerks are responsive and knowledgable. James Duncan-Hartill and Claire Gallacher are particularly strong. ’
‘The reason Gatehouse Chambers succeed in my opinion is testament to James Duncan-Hartill and Patrick Sarson who, no matter how many firms or direct access individuals they are dealing with, always make you feel that you are their number one priority. ’
‘Patrick Sarson of Gatehouse Chambers is outstanding – always available, highly organised, personable and extremely professional. ’
‘The clerk’s room is the best in the business. James Duncan-Hartill leads a strong team and he is ably supported by Patrick Sarson amongst many others. They are all responsive, knowledgeable and a pleasure to work with. ’
Landmark Chambers
Landmark Chambers had another outstanding year and solidified themselves as a leading set for property litigation; boasting a wealth of experience from the more general landlord-tenant and real property issues, to the more specialist insolvency-related litigation, right to mange cases and Covid-19 rent arrears matters. The senior ranks were strengthened by Toby Watkin KC and Galina Ward KC taking silk, the only new property litigation silks in 2022. Tom Weekes KC acted for the appellants before the Supreme Court in the high-profile Fearn v Trustees of the Tate Gallery case concerning the Tate Modern’s viewing gallery. Toby Watkin KC has acted for the real estate company in Annington Property Ltd v Ministry of Defence, one of the largest and most complex series of rent review arbitrations ever conducted. The sets strength in depth was illustrated in Firstport Property Services v Settlers Court RTM; where juniors Simon Allison, Kimberley Ziya and Rupert Cohen successfully represented the appellant in a landmark Supreme Court decision, shifting the law surrounding the right to manage with significant consequences for the government’s legislative proposals to the existing scheme. Justin Bates has developed an impressive specialism in leasehold disputes and the addition of Andy Creer from Gatehouse Chambers adds further telecoms expertise.
Testimonials
Set
‘A wide range of members available to assist in property disputes, from exceptional juniors to extraordinary silks. The service levels are second to none, overall a great set. ’
‘Landmark are my preferred chambers for all property, real estate and commercial property matters. They have great strength in depth. ’
‘A top drawer set with an excellent reputation, Landmark are the go-to set, particularly involving issues which combine both property and planning issues. ’
‘Their combination of expertise, approachability, practicality and collaboration cannot be beaten. ’
‘Landmark Chambers is one of the leading property sets in the city. First rate in every aspect from juniors to silks, my experience of every barrister I have instructed has been universally positive. ’
Clerks
‘Mark Ball is outstanding and sets the bar for senior clerks. ’
‘Best clerking room in the property litigation arena, Mark Ball is a cut above. ’
‘All the clerks we have dealt with have been most helpful, responding quickly and dealing with enquiries with skill and professionalism. ’
‘The absolute best in terms of response and support, nothing is ever too much hassle or tight a deadline. ’
Tanfield Chambers
Tanfield Chambers has a long-standing reputation in the specialist fields of landlord and tenant, commercial real estate and real property, including more specialist sub-areas such as enfranchisement, party walls and service charge work. Head of chambers Philip Rainey KC and Nicola Muir acted successfully for the respondent before the Court of Appeal in Eastern Pyramid Group Corp SA v Spire House RTM Co, an important decision relating to the service of a notice for a right to manage claim under the Commonhold and Leasehold Reform Act. Mark Loveday appeared in FirstPort Property Services v Settlers Court RTM Co, the first right to manage case to reach the Supreme Court; and Dell v 89 Holland Park Management Ltd, believed to be the largest ever individual residential service charge dispute before the property tribunals. Kerry Bretherton KC appeared in Star Pubs and Bars Ltd & Punch Partnership v McGrath, one of the few reported cases on the Pubs Code, successfully convincing the High Court to uphold an arbitrator’s award regarding a lease dispute between a tenant and landlord. The decision of the Court of Appeal in Chaun-Hiu & Ors v Alford House (Park Lane) Maintenance Trusteed Limited has become the leading decision on Part II of the Landlord and Tenant Act, with Jonathan Upton acting for the tenants throughout the proceedings.
Testimonials
Set
‘I am a big fan of Tanfield and consider them to be a set consisting of impressive barristers. I instruct a number of their advocates spanning across qualification experience, all of whom are professional and provide quality practical and commercial advice. In over 18 years of instructing them, I have never had cause for complaint. ’
‘Outstanding strength in depth and their clerks are highly efficient. ’
‘Tanfield Chambers are one of the preeminent sets for property disputes in London. They are amongst the best and second to none for enfranchisement and indeed any residential dispute. ’
‘Fantastic set with very good juniors emerging. ’
Clerks
‘I find all the clerks I have dealt with to be approachable, responsive and helpful; generally doing everything possible to ensure counsel are available. ’
‘Amendable, easy to contact and responsive clerks. ’
‘I am happy with the service provided by the clerks room and by Billy Forecast in particular. ’
‘They are very responsive and helpful, even if your chosen barrister is not available, they will always come up with alternatives. ’
Work highlights
Wilberforce Chambers
Wilberforce Chambers has a wealth of experience in its senior ranks, which, complimented by a crop of talented juniors, provides a comprehensive covering of the gamut of property litigation areas; the core of which include commercial and residential landlord-tenant work, mortgages, title and development disputes and the rural economy. The addition of John McGhee KC from Maitland Chambers and Alice Hawker from Selborne Chambers demonstrates the efforts made to expand the sets property practice, with the former adding considerable experience regarding niche areas such as minerals, rights of light and telecoms. Three combined appeals of Cornerstone v Compton Beauchamp/Ashloch and On Tower v AP Wireless feature McGhee KC, Jonathan Seitler KC and Emer Murphy ; they are the first Supreme Court cases to consider the Electronic Communications Code, with the ruling finally clarifying who is an occupier for the purposes of that code. Martin Hutchings KC led Harriet Holmes in Bath Rugby and BRT v Greenwood and others, a Court of Appeal case concerning restrictive covenants and Bath Rugby’s use of The Recreation Ground. Joanne Wicks KC represented the claimant in the protracted and previously before the Supreme Court S Frances Ltd v The Cavendish Hotel (London) Ltd, the result of which sparked significant interest in the property sphere as it confronted how retail rents in London had been reduced by the pandemic. Charlotte Black is now at the Law Commission.
Testimonials
Set
‘Wilberforce is my go-to set. They provide an exceptional service and the quality of their counsel is some of the best in the market. ’
‘Their property litigation offering continues to go from strength to strength, Wilberforce are a thoroughly modern chambers property-wise and have stolen a march on a number of its competitors in recent years. ’
‘Wilberforce is one of the leading sets for property disputes and telecoms issues; particularly with the recent acquisition of John McGhee KC, adding to what was already an excellent range of barristers. ’
‘An outstanding set for property and real estate litigation. It is not just that the silks are outstanding, but you also get first-class juniors at all levels. ’
‘Wilberforce have really upped their game over the past few years and now on any analysis must be seen as the set to have in your corner for any property dispute. ’
Clerks
‘The service is speedy and efficient; Conor Michaels is particularly fantastic. ’
‘The clerks room is superb. They are extremely responsive, approachable and work well under pressure, often having to find available counsel at short notice. ’
‘Fraser Geddes understands the brief and delivers for instructing solicitors time and time again. ’
‘A great clerking team, with Fraser Geddes standing out as particularly proactive and supportive. ’
Maitland Chambers
Maitland Chambers encompasses prominent experts, both silks and juniors, in a wide range of property litigation areas; from residential enfranchisement to property development, acting for private individuals up to large multinational companies. Christopher Pymont KC represented AP Wireless II in the combined Supreme Court appeal of Cornerstone v Compton Beauchamp/Ashloch and On Tower v AP Wireless; the first case to clarify certain aspects of the Electronics Communications Code governing the siting of telecoms infrastructure on private land. In one of the most anticipated cases of 2022, Philomena Harrison is acting for the appellants in BNY Mellon v Cine-UK Ltd, tackling the legally and factually complex issue of rent arrears caused by Covid-19. Michael Pryor continues to represent the global energy company in Pearson Plc & Strandbrook Ltd v Shell International, defending his challenge to a high value liability claim to commercial service charges before the High Court.
Testimonials
Sets
‘Maitland are a particularly user friendly set. They are swift to respond and the barristers are unstuffy, happy to be instructed directly and without unnecessary formality . ’
‘Maitland Chambers continue to be a powerhouse in property litigation. All the barristers I have dealt with have been skilled and I have never not been able to find what I need when enquiring. ’
‘Maitland is a leading commercial set at the top of their game. They possess a wealth of experience and strength in numbers. ’
‘A top set, having many recognised leaders and junior barristers in their field of expertise. ’
Clerks
‘Maitland clerks are very professional and provide a rapid service. I have found James Rose particularly efficient and helpful. ’
‘Their clerks are exceptional and always want to help. The response times are brilliant and consistently better than any other set that I work regularly with. Rob Penson is someone I will always reach out to as I know I will be in safe hands. ’
‘Rob Penson is a proper clerk – responsive, helpful and always aiming to deliver top service. ’
‘The Clerks are great. They are very responsible, know clients and barristers well and manage diaries seamlessly. ’
Selborne Chambers
Selborne Chambers is an ‘outstanding‘ set with a healthy mixture of prominent property silks and juniors, offering expertise from the broader real property and landlord-tenant disputes, to the more specialist breach of covenant, rights to light and adverse possession matters. Mark Warwick KC appeared before the Court of Appeal to address three separate points of principle regarding service charges in Kensquare v Boakye; specifically whether time is “of the essence” when the machinery for the recovery of a final service charge is concerned and whether a landlord could recover the legal costs from tenants after initiating proceedings. Nicholas Trompeter KC acted on behalf of a landlord attempting to recover almost £3 million of rent in London Trocadero LLP v Picturehouse Cinemas Ltd, one of the most high-profile property disputes of 2021 and another significant case in the development of the law around Covid-19 rent arrears, with the matter now heading to the Court of Appeal. Justin Kitson has built up impressive expertise in telecoms work, appearing before the Supreme Court in On Tower v AP Wireless, a case concerning the Telecoms Code joined with two other appeals.
Testimonials
Set
‘Selborne Chambers is an outstanding set. My firm regularly instructs their junior barristers and the level of service is consistently good, often requiring action on matters at short notice, usually interlocutory hearings, and they always deliver. ’
‘Selborne are definitely our go-to set; commercially minded, responsive and very user friendly. They regularly provide training in significant areas of property litigation law, including most recently on cladding and service charge issues. They certainly have great strength in depth. ’
‘They are generally very strong, particularly on residential property matters. ’
‘There are several members of Selborne who are very capable property litigation experts. Any instruction to every member of this set is always dealt with thoroughly and efficiently. ’
Clerks
‘I have a good working relationship with the clerks at Selborne, in particular Oliver Ventura, who is very professional, fair and always on hand to help. ’
‘Darren Madle and Paul Bunting are incredible, they feel like an extension of our own practice. ’
‘I have dealt exclusively with Richard Sheehan for many years and he is the most proficient and approachable clerk I have worked with in my whole career . ’
‘Very good overall service. A particular mention to Paul Bunting, who is excellent at keeping on contact with instructing solicitors. ’
New Square Chambers
New Square Chambers enjoys a strong reputation for expertise in both commercial and residential property litigation; with areas of focus spanning from the core real property and landlord-tenant disputes, to the more specialist leasehold enfranchisement and disputes concerning public access to land. The set’s members have a particularly diverse client base, ranging from London landowning estates and local authorities to private individuals and developers. George Laurence KC led Simon Adamyk in the significant Court of Appeal decision Blackbushe Airport Ltd v Hampshire County Council, successfully representing the respondent in a case which clarified over a century of jurisprudential development surrounding the meaning in law of the term “curtilage”. Paul Wilmshurst utilised his expertise in boundary disputes in a complex case before the High Court, with Gibson & Anor v New & Anor calling into question a long standing principle that boundary agreements are binding on successors-in-title. Jeff Hardman acted for the landlord in Dhadwal v Heathrow Inn Hotel Ltd, a novel case as the High Court decision concerning the distinction between a restaurant and a shisha lounge as regards to the interpretation of a common user clause found in a commercial lease.
Testimonials
Set
‘A well regarded traditional chancery and property law set, with a depth of expertise in those fields. ’
‘New Square are a first-class set. I use many of their juniors, all of which are extremely experienced and knowledgable. ’
‘I find the set particularly accessible and have been using them for many years. I am always able to access counsel and their clerks, both being extremely responsive and helpful. ’
‘We have always found dealing with New Square Chambers easy and hassle-free. The clerks are engaging and helpful and the set has a particular strength in property litigation. Our perception is that their set is dynamic and forward thinking in their approach to client care and PR. ’
Clerks
‘Clerks at New Square are very helpful, taking the time to understand what clients and their solicitors need. Michelle Green especially is quick, efficient and effective. ’
‘The clerks are a pleasure to deal with and Nathan Hitchman is effective and pragmatic. ’
‘Michelle Green and Cameron Grant are receptive and very user-friendly. ’
Radcliffe Chambers
Radcliffe Chambers is a multidisciplinary set, combining core practice areas such as real estate litigation, with more specialised expertise in matters concerning property tax disputes, planning permissions and enfranchisement issues. They have secured a steady stream of property work from a wide range of sources, nurturing close working relationships with national and local public authorities. Kate Selway KC continues to utilise her vast experience of tax issues arising from property matters, representing the claimant in Hall v HMRC; a case before the High Court confronting the issue of when an interest in possession is mistakenly assumed and its impact on inheritance tax liability. Nathan Wells successfully represented the appellant before the Court of Appeal in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd, raising legally esoteric questions regarding what property rights existed in live fish and whether they were passed upon the transfer of the containing fishery, an ultimately novel issue not directly approached in English law prior. Howard Smith is regularly instructed on the most complex cases arising from the Party Wall Act.
Testimonials
Set
‘Radcliffe are a very strong set, with great depth across both the junior and senior range. We have always been able to match counsel to claims as they arise, at the right level and with the right skills. ’
‘Radcliffe Chambers has a wealth of experience across all levels of property litigation. They are really starting to challenge some of the more established sets in this area. ’
‘I have instructed many barristers from this chambers and have been impressed by the expertise of all. Generally, they always make themselves available ever at short notice. ’
‘They have unquestionable client service, Radcliffe are always at the top of their game. Their barristers are all extremely capable, friendly and available. Nothing is too much. ’
‘Excellent set to work with and we value our relationship with them, particularly commercially minded. ’
Clerks
‘Brilliant clerking – very responsive and understanding. Justin Allen and John Clark are calm and reliable presences, always responsive and helpful. ’
‘The clerks are always very polite, eager to assist and have good turnaround times. ’
‘Fantastic, going out of their way to find me a barrister on a Friday afternoon for an injunction hearing early Monday morning. ’
Serle Court
Serle Court offers a number of approachable specialists, providing detailed expertise to the often convoluted issues centering around covenants, land registration, trusts and easements. Rupert Reed KC is representing a offshore property developer in Aurium Estate London Ultra Prime Ltd v Mishcon de Reya LLP; with the developer bringing the negligence claim against the real property team of the legal firm for its failure to advise on the litigation risk inherent in a plan to demolish a building and build around a hold-out tenant, the case is worth close to £50 million and one of the most anticipated of 2022. Christopher Stoner KC epresented the defendant in Horsford v Horsford, a High Court case involving a complex proprietary estoppel counterclaim relating to a family dispute over shares in a farm; Christopher also has niche expertise in water related property matters and the law of canals. Andrew Francis , along with party walls and restrictive covenants, has particular experience in right to light matters, advising on issues which affect sites both domestically and abroad.
Testimonials
Set
‘Serle Court is a strong chambers with an increasing range of high quality property litigators, who have expanded over the last few years. ’
‘I am a big fan of Serle Court as a whole. On the property litigation side they have a good range of counsel, including for specialist areas such as rights to light. The silks are, as you would expect, wonderful, but they have a good range of senior and junior juniors as well. ’
‘Serle Court has a number of amazing juniors who are experienced in property litigation matters and able to pick up a case and run with it whenever required. They are always able to accommodate instructions across the team and fantastic in-house training is offered on a regular basis. ’
Clerks
‘The clerks, in particular Charlie Payne, are extremely helpful and communicative and always try to help if there is an urgent matter. ’
‘The clerks room is brilliant – nothing is too much trouble and they always go the extra mile. Dan Wheeler is a breath of fresh air; easy to deal with, straight forward manner and good fun to work with. ’
‘Very responsive and have a knack for finding the right person for the job. ’
Enterprise Chambers
Enterprise Chambers considers property litigation one of its most important practice areas, with landlord and tenant work at its core and complemented by specialist expertise in the subsidiary areas of insolvency and property-related professional negligence. The set primarily caters to the mid-tier City and regional firms, but has seen their share in the upper echelons property litigation market growing in recent years. Kavan Gunaratna has been representing the claimant in Chis 3 Ltd v Virgin Active Ltd, a case following the heavily publicised restructuring Virgin Active entered into to write off substantial rent arrears owed to its landlords; this decision will be the first to consider landlords’ rights under standard forfeiture clauses where a tenant enters into a restructuring plan, with the site in question being worth around £300 million. In Various Lessees of Duchess of Bedford House v Campden Hill Gate Ltd, Edward Francis successfully represented the claimants in an issue relating to parking rights over an adjoining private road; as well as factually complicated, this case raised complex questions regarding the operation of section 62 of the Law of Property Act.
Testimonials
Set
‘A very user friendly set, all the barristers I have used have been approachable and excellent at what they do. ’
‘The particular advantage of instructing Enterprise Chambers is the range – and therefore availability – of counsel that it can offer. ’
‘Enterprise has a core of absolutely superb counsel. ’
Clerks
‘Their clerks are competent in the extreme and move mountains to make things work. ’
‘First rate, they can not do enough for you. ’
Falcon Chambers
Falcon Chambers continues to lead across the spectrum of property litigation areas, with silks and juniors playing influential roles in many of the most significant and precedent shaping cases of the last year, including those affecting rights to light, telecoms, enfranchisement and the valuation hypothesis. As of publication, it is the only set approved as an arbitration body under the Commercial Rent (Coronavirus) Act. The high-profile Fearn v Board of Trustees of the Tate Gallery case, concerning the Tate Modern’s viewing gallery which overlooks luxury flats, has been seen through to the zenith of the UK courts as Guy Fetherstonhaugh KC and Elizabeth Fitzgerald acted on behalf of the respondent; with the awaited Supreme Court judgment having considerable ramifications for the law of nuisance and its complicated interface with human rights. Stephen Jourdan KC and Mark Sefton KC appeared before the Court of Appeal during Alberti v Cadogan Holdings Ltd, the former being successful for the respondent in a leading enfranchisement decision, specifically regarding the interpretation of the no-improvements assumption in determining the price payable for the freehold of a house. Junior Nathaniel Duckworth is acting for a defendant landlord in Valley View Health Centre v NHS Property Services Limited, one of the top property litigation cases of 2022, the outcome of the ‘five test cases’ having significant financial and legal implications for the GP’s service charge spectacle. Tricia Hemans appeared before the Supreme Court in Cornerstone Telecommunications v Ashloch Ltd and another, utilising her expertise to deal with complex issues arising under the Electronic Communications Code.
Testimonials
Set
‘Fantastic and high quality property specialists. You can not get a stronger set overall in this area. ’
‘Falcon are a real estate brand, this is their core business and they have excellent people at all levels. ’
‘Falcon are simply fabulous. The breadth and depth they cover in the property space can not be matched. ’
‘Falcon offers a great series of training sessions, and there were particularly invaluable during Covid-19, when the law was constantly evolving and keeping in touch was more difficult. ’
‘Falcon are a knowledgeable property set with leading leasehold barristers offering a wealth of knowledge. Their webinars are frequent and well thought out, offering CPD and guidance. ’
Clerks
‘Their clerks are helpful and efficient, going out of their way to suggest alternatives if a particular barrister is not available. ’
‘The clerks are particularly helpful – going above and beyond to accommodate cases at short notice. ’
‘James Clarke is very efficient, friendly and easy to work with. ’
‘Senior clerk John Stannard is always the first to respond when I am approaching a number of sets for availability and always suggests suitable alternatives. He is a great character and an absolute asset for Falcon. ’
Henderson Chambers
Henderson Chambers has a strong property team covering a broad array of real estate litigation matters, with a diverse client base including national and local government, developers, commercial and social landlords and private individuals; all seeking specialist knowledge of areas including real and commercial property, residential landlord-tenant and co-ownership and trusts of land. Jonathan Steinert has spent over two decades specialising in contentious and non-contentious property disputes, his vast experience being sought for complex litigations involving covenant and dilapidation disputes. Malcolm Sheehan KC is highly regarded for his expertise in property development issues and infrastructure disputes, acting for both private and public sector developers. George Mallet acted for a tenant in Elu v Floorweald Ltd, successfully convincing the High Court to strike out an appeal seeking to relitigate fraud allegations.
Testimonials
Set
‘When it comes to real estate matters, Henderson Chambers is always high quality, commercial and reliable. ’
Clerks
‘The clerks are engaging and quick to respond and timescales for the provision of advices always met. ’