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According to some, Charles Russell Speechlys LLP is 'streets ahead' for property litigation; its lawyers are 'of the highest quality and also very approachable, with great knowledge and connections both internally and externally'. Peter Levaggi heads the practice and is 'an exceptional lawyer who combines amazing business acumen and knowledge with deep empathy'. In an illustration of his strength in property insolvency matters, he is acting for the liquidator of Strobe 2 in a claim against the company's former directors arising from losses suffered by the landlords of a number of commercial premises originally let to the company's subsidiaries. Levaggi's other key mandates included acting for the National Crime Agency in the repossession of property from a notorious criminal, which involved working with various statutory agencies and county enforcement to recover property pursuant to a confiscation order; and acting in the settlement of directors' liabilities following the failure of legal expenses funder and claims manager Zuko Legal. David Haines ('an analytical, practical lawyer who plays the long game in a dispute and has a great rapport with clients') is noted for his expertise in commercial landlord and tenant matters; he recently acted for M&P Enterprises in an appeal against a claim for an order terminating the tenancy of hotel premises in London. Richard Flenley has been highly active for property owners on HS2-related work.

'A leading firm in property litigation in the South East', Cripps LLP provides 'sophisticated , commercial advice and effectively fights for its clients' interests where necessary'. The 13-lawyer team acts for a prominent client base of developers, property investors, occupiers, central and local government authorities and infrastructure companies on the full range of property disputes. Recent work includes acting for the Crown Prosecution Service on the operation of an option to break a lease of premises in the Home Counties, which involved negotiations to settle repairing liabilities sufficiently early to avoid the need to undertake works, detailed consideration of items to be removed from the premises and liaison with surveyors. The practice also defended a developer against a breach of covenant preventing the use of a former public house as anything other than a public house, and acted for an insurer in eight rights to light claims with a combined insurable value of more than £150m involving residential tower blocks in London. Miles Paffard heads the practice and is recommended alongside Mike Scott, who is noted for his 'clear advice and commercial attitude to disputes', and Nitej Davda, who is 'accessible, committed and solution focused',

'One of the go-to firms for big-ticket, complex litigation', Dentons' property disputes practice provides 'prompt, proactive advice' and whose 'support in helping clients to negotiate complex and litigious situations gives them the utmost confidence'. The practice acts for a number of blue-chip clients across a diverse range of sectors, including retail, hotels and leisure, and infrastructure. Recent work includes acting for Riverland (Newark) in a lease rectification claim against a large supermarket retailer tenant; representing UBS as mortgagor in contested possession proceedings concerning a high-value property in Regent's Park, London, following the owner's default on a multimillion-pound interest loan; and acting for an investment fund in a lease dispute with one of its tenants, a global telecoms operator, for a property in Manchester. The practice is also highly active in business rate cases, and is acting for Sainsbury's Supermarkets in appeals before the Court of Appeal relating to the rateable value of ATMs in Sainsbury's stores nationwide. Practice head Bryan Johnston 'runs a tight ship and is an extremely astute tactician'. Also recommended are recently promoted partner David Payton, whose 'commercial acumen is second to none'; Kirstin Dunn, who has been highly active in business rating cases; and Gemma Hunter-Barnes, who joined the firm in May 2017 from B P Collins LLP, whose 'commercial approach to problem-solving makes her a very safe pair of hands'.

DMH Stallard LLP's property litigation team has firmly established itself as 'a leading player in the South East and more than able to compete with London outfits'. The practice has a deep and varied arsenal of property litigation specialists, with notable expertise in business ratings cases and property-related professional negligence cases.In an illustration of its track record in business ratings, cases, the practice acted for Cardtronics Europe before the Court of Appeal in an appeal against a determination that external facing ATMs should be separately assessed for business rates purposes from the premises in which they are situated. The practice also acted for the freehold owner of an industrial estate in potential remedies against the waste occupier of part of the site following the occupier's prosecution by the Environment Agency after it was found to be operating in breach of planning requirements. Emily Wood heads the property litigation practice, which was further strengthened by the merger in 2017 with Rawlison Butler, which brought on the 'brilliant' Vanessa Joll, who is 'extremely client focused, easy to work with and hugely effective'. Other key figures include real estate head Tina George, who has particular strength in collective enfranchisement cases; and senior associate Kristine Ng, who is 'a star in the making'.

IBB (Iliffes Booth Bennett) handles the full range of property-related disputes, with an emphasis on terminal dilapidations clients, for a client base comprising retailers, housebuilders, commercial developers and corporates with large property portfolios. In an illustration of its High Court litigation workload, the practice acted for the purchasers of high-value residential houseboats and moorings in a dispute against the vendor for breach of contract and misrepresentation in which the clients successfully recovered all sums paid for the houseboats, as well as interest and costs. Other recent work includes acting for the landlord in a dispute concerning a residential service charge in respect of 39 disputed items, in which the practice defended 38 of the items before the First Tier Tribunal and successfully overturned the remaining issue at the Upper Lands Tribunal; and obtaining injunctive relief on behalf of Riverdale Developments requiring another developer to remove works from an area of land at the entrance to the client's new residential development which was subject to covenants. Jon Mowbray heads the practice and has been heavily involved in acting for commercial and residential property owners in HS2-related issues. He is recommended alongside Andrew Olins, who has particular expertise in handling issues relating to restrictive covenants.

Mundays LLP provides 'a great level of service', with clients singling out 'the forensic detail in which the claims are approached and the dynamic nature in which the team responds to claims changing direction' as particular strengths. The practice acts for a large roster of housebuilder and developer clients, as well as a number of retailers such as TM Lewin, on the full range of real estate and construction issues. Recent work includes disputes relating to rights of way, rights of light, adverse possession, boundary issues and restrictive covenants. Stephen Morris heads the practice and has more than 30 years' experience handling property disputes, with a notable focus on professional negligence matters. Also recommended are James Picknell, who has 'an unparalleled attention to detail, remains focused on the overall strategy and keeps clients fully informed at all times'; and Nick Martyn, whose expertise includes insolvency-related property issues.

Shoosmiths LLP provides 'excellent overall service, is attentive to clients' needs, and is always striving to add value'. The property litigation practice's expertise spans the full spectrum of disputes, with particular strength in waterways based property litigations, agricultural law issues, leasehold enfranchisement, and disputes on behalf of landlords and developers. It is also noted for its expertise in the retail, telecoms and travel and leisure sectors. On the retail front, the practice acted for IKEA Properties Investments in a high-profile trespass incident of more than 10 caravans of travellers on the client's car park at its store in Tottenham. Other recent work includes acting for Nissan Motor Manufacturing on an authorised guarantee agreement, which the client entered into following the assignment of a lease in 2015 due to the failure of the assignee to pay rent, which involved negotiating an agreement with the landlord to reduce the impact on the client; acting for a social housing provider on the termination of a telecoms lease; and acting for the Canal & River Trust in a Court of Appeal concerning injunctive relief entitling the trust to remove a boat from its inland waterway, which the boat owner argued breached Article 8 of the European Convention of Human Rights. The practice is headed by 'experienced litigator' Zoe Wright, who is recommended alongside Simon Pestell, for his specialist expertise in rights of light matters, and Lucy Barry, 'an excellent senior advocate who is very good in court'.

Womble Bond Dickinson (UK) LLP provides 'a high-quality service' acts for a number of well-known public and private sector clients, including retail clients such as B&Q, Footlocker and Specsavers; institutional landlords such as Addington Capital and Rockspring; and financial institutions such as Old Mutual. Recent work includes acting for an institutional investor client in several emergency injunction applications brought by tenants seeking reinstatement in their premises following their lawful eviction. Mark Barley heads the team in Southampton and has an extensive track record in contentious property issues, including niche areas such as foreshore and mooring for The Crown Estate. Managing associate Vicki Young is also recommended.

Blake Morgan LLP fields a team of 'very professional, client-oriented and focused' construction specialists who provide 'swift and positive outcomes'. The leisure and retail sector is a key area of focus for the practice, which acts for national brands such as Costa Coffee on commercial landlord and tenant issues related to its national portfolio of stores. Other key clients include the Peabody Trust, which the practice advises on the recovery of rent arrears, premises repossessions and dilapidations; Canary Wharf Group, for which it handles contentious issues arising from the client's retail portfolio; and Portsmouth Diocesan Trust, for which the practice handles rights of way, property damage and boundary disputes. Helen Dickie heads the practice, which includes Rachel Gimson and Claire Hitchman, who are noted for their 'professionalism and great communication skills'.

Boyes Turner's property litigation practice has an extensive track record handling complex real estate disputes, including handling challenges to planning and compulsory purchase order decisions, collective enfranchisement and right to manage clients. Clients include well-known corporates such as LG Electronics and Guardian News & Media. Recent work includes acting for a commercial tenant on the exercise of a break clause, which involved advising on the conditions to be met in order to validly exercise the break; representing the commercial landlord of an industrial estate in a dilapidations claim made against a tenant who vacated the estate leaving the premises in a state of disrepair; and acting for a housebuilding company in a boundary dispute concerning the status of a plan which was attached to the transfer deed and the conduct of the parties in erecting boundary features which did not match the transfer plan. Russell May heads the group and handles the full spectrum of property disputes, including landlord and tenant issues, restrictive covenants and leasehold enfranchisement. Associate Katie Rampton is also recommended.

Brachers fields a 'very professional' property litigation team that is appreciated by clients for its 'broad industry knowledge and experience'. The practice continues to act for NHS trusts, public bodies and local councils, as well as commercial clients on a range of property-related matters, including a recent workload of development disputes. Michael Oatham heads the team, which includes Allis Beasley, who is 'very good at quickly identifying the crux of an issue and providing sound tactical advice with regard to the relevant risks and their weightings'. James Millis handles a range of property disputes, and is continuing to act for a number of tenants of the New Covent Garden Flower Market in court proceedings related to their move to an interim site during a multimillion-pound redevelopment of the site.

The property litigation team at BrookStreet des Roches is 'a pleasure to work with', providing 'well-informed, conscientious advice that takes into account clients' needs and anticipates how they would wish to proceed in a given situation'. The practice is particularly singled out for its retail sector expertise, where clients include Arcadia Group and McDonald's, among other prominent retail brands. It also acts for a sizeable roster of investment clients, as well as high-net-worth individuals and charities clients. The practice is acting for Arcadia Group and The Body Shop International in a number of high-value central London lease renewals, which involves handling oppositions to the renewals on the grounds of redevelopment. It also acts for The Beaming Smile Company in a professional negligence claim against the client's former solicitor concerning two commercial lease renewals. Katy Kirk heads the practice and is 'very proactive and highly motivated'. Philip Shaw is also recommended.

Spread across the firm's Oxford and Milton Keynes offices, Freeths LLP fields an 'excellent' property litigation practice that provides 'well thought out advice and very well drafted representations'. Its expertise covers contentious agricultural property matters, acting for developers and landowners in contentious option, development and overage agreements, and leasehold enfranchisement and extension claims. The practice is particularly well known for its work in the licensed leisure sector, where it acts for pub owners and developers, as well as nightclub and hotel owners. Recent work includes acting for Hawthorne Leisure, the owner of the former Barn Owl public house in Northampton which was converted into a Co-operative convenience store in 2017, in an action brought by Northampton Borough Council to enforce a restrictive covenant against the client to restrain use of the property as a convenience store. In an illustration of its track record in agricultural matters, the practice acted for the landowners in rebutting claims by a grazier and family friend that they had an oral tenancy of land dating from 1992 and therefore subject to protection under the Agricultural Holdings Act 1986. Other highlights included acting for Wadham College, Oxford in securing the surrender of the lease from the tenant and evicting squatters of on of the college's buildings. Clare Bellis heads the team, which includes Mark Brown, who 'always brings new ideas to challenging situations'.

Furley Page Solicitors provides 'an extremely high level of service' to a range of commercial property investors and developers, as well as landowners in the agriculture and education sectors. David Hall heads the practice and has a longstanding track record acting for commercial on issues concerning business lease renewals, tenant default and insolvency, building dilapidation cases and adverse possession claims. Other key figures include Jeremy Ferris, who has 'considerable experience and expertise, and always provides high-quality advice in a clear, concise manner'. Ferris recently acted for the tenant of a lease which was subject to a rent review in 2012 and for which the client had the benefit of a break clause exercisable within 6 months of the 2012 review. The tenant lost the benefit of the break clause when the landlord sought to implement the review in 2016 when the lease had ended; Ferris successfully argued that the landlord was estopped from implementing the review.

Penningtons Manches LLP's property litigation team 'works seamlessly together and incredibly hard, tailoring advice and commercial suggestions according to clients' requirements'. The practice is highly active for tenants on issues arising from their real estate portfolios, and regularly acts for institutional investors in high-value contested lease renewal matters involving redevelopments of retail premises; universities and colleges in the management of its student and commercial lettings; and acting for start-ups and spin-off companies in the life sciences and biotechnology sectors. Key figures include John Morrison, who manages the Thames Valley team and has a strong focus on dilapidation claims, lease renewal and break notices, as well as service charge and boundary disputes and professional negligence disputes; and Sabrina Furneaux-Gotch, who is 'an outstanding solicitor with excellent communication skills and an absolute commitment to providing the best service to the client, tailoring her advice and experience to achieving the best outcome'.

Stevens & Bolton LLP's property litigation team is 'a pleasure to deal with', thanks in part to its 'total commitment and availability, and its cool guidance when the pressure is on'. The practice continues to handle a growing workload  for developer and investor clients, as well as acting for a wide roster of corporate occupiers. Recent work includes acting for a corporate trust as freeholder of commercial properties in London in rights of light claims arising from a proposed redevelopment with a new tower building of a substantial neighbouring site at Leadenhall Island; and defending a private client against proceedings for possession of land brought on grounds of trespass. Helen Wheddon heads the practice; her 'extensive knowledge of property law acts as a reassuring hand on the client's shoulder'.

Brethertons LLP is considered 'among the best firms for leasehold disputes', with the property litigation practice singled out for providing 'exceptional responsiveness and support'. It handles a range of residential and commercial leasehold and enfranchisement matters, including claims for possession of properties let under residential and commercial tenancies; forfeiture of residential and commercial leases; and breach of covenant claims. Roger Hardwick ('incredibly adept at handling complex leasehold disputes') acted for Miltonland in disputing a claim to acquire the right to manage a block of 168 apartments in Harrow. He also acted for the leaseholders of 53 flats in a Grade II listed complex in London in challenges to service charges dating back to 2007 and concerning costs in excess of £12m. Other key figures include senior associate Sioban Calcott, who has particular expertise in cases concerning disputed service charges, and associate Sharan Dhadda, who demonstrates 'a real mastery of the facts and a keen eye for detail'.

Clyde & Co LLP's property litigation team provides 'a consistently strong level of service, with practical and relevant support that reflects the business needs of any institution'. Notwithstanding the departure of Tim Foley to Fladgate LLP, the cross-office team continues to handle work for a range of investors, developers, occupiers and retailers, often involving cross-border elements. Keith Conway, aided by Armel Elaudais (who is praised for her 'clear, balanced and concise advice'), acted for B&Q in a claim against its landlord and building contractor over the defective construction of the car park and walkway within a large retail park, which involved substantial remedial works to be carried out by the landlord and its contractor to rectify the defects. Conway and Elaudais also acted for Wincanton in a dilapidations claim made against the client by its former landlord following the termination of a lease of large warehouse premises.

Clients of Brighton-based solicitors Dean Wilson LLP are 'thoroughly impressed with the service received' from the property litigation team, which is 'always a phone call away and deals with queries immediately'. The practice's expertise covers a range of landlord and tenant disputes, and professional negligence claims arising from property-related matters, although it is perhaps best know for its track record in enfranchisement and lease extensions. Recent work includes acting for the owners of a house in a dispute over a shared driveway, and acting for the landlord in connection with dangerous goods abandoned on the client's premises following the administration of the tenant company. Claire Whiteman heads the team, which includes Gabrielle Moffatt, who attracts praise for her 'very detailed knowledge of property law'.

EMW Law LLP's property litigation practice is headed by Charles Clay, who attracts praise for his 'very deep knowledge of the law and excellent client skills'. He leads a team that acts for a sizeable roster of institutional investors with large commercial property portfolios, as well as corporate occupier clients such as Santander and telecoms infrastructure companies. The practice's expertise encompasses contested lease renewals, dilapidation claims and rent review disputes. Other key figures include Karen Young, who regularly handles high-value disputed lease renewal and dilapidation cases, and Sean Fitzgerald, who acts in landlord and tenant disputes.

Field Seymour Parkes LLP's property litigation team acts for a range of charities and housing associations, property asset management companies, funders, property developers, investment companies and commercial landlords, for which it handles the full spectrum of property disputes. Recent work includes acting for the successful respondents in a case involving the sale of a property and an option agreement entitling the clients to buy back part of the property, which the applicants applied to cancel the notice that had been registered over the title to protect the option. Practice head Joe Lott has a growing workload acting for landlords and tenants in lease extension and enfranchisement claims.

Mayo Wynne Baxter LLP's property litigation expertise covers dilapidation claims, lease renewals, breach of covenants, and rights of way and boundary disputes, among other matters. Key clients include Hargreaves Properties, which the practice acted for in a claim for loss of damages arising from freehold land transferred to the defendant who subsequently erected wooden fencing enclosing part of an amenity area and took other steps in breach of the transfer. In another key mandate, the practice successfully defended Southern Water Services against allegations of negligence leading to flooding of a number of properties on the south coast.¬†Helen Bell¬†has an extensive track record handling complex dilapidation claims, landlord and tenant disputes, and rights of way matters.¬†Dean Orgill¬†is also recommended.  

Moore Blatch LLP fields a 'strong, dedicated' property litigation team that provides 'efficient, personal and professional' service to clients including care home developers, residential developers and landlords. In addition to handling the full range of commercial landlord and tenant matters, the practice has notable strength in acting in repossession litigation for mortgage lenders, and recently acted for Commercial First Business in mortgage recovery proceedings involving six mortgages totalling £1.2m. Other recent work includes acting for Sidha Investments in a case concerning a fraudulent sale of property, which involved a claim to The Land Registry to indemnify the client under Schedule 8 of the Land Registration Act 2002 for losses incurred as a result of rectification of the title. Asset recovery specialist Sarah Watley 'works in partnership with the client to ensure she adds value to the relationship'. Chris Marsden joined the firm from Lester Aldridge LLP and is 'incredibly likeable'.

Blandy & Blandy LLP provides 'an excellent service at a fair cost' and 'places its clients best interest as its first priority'. The practice has a particular focus on lease extension and enfranchisement matters, where it acts for landlords and tenants in First Tier Tribunal cases. Recent work includes acting for a national charity with a residential property portfolio in residential possession proceedings related to a property let by the client's former property agents with the charity's approval or authority; and acting for a tenant of commercial premises in court proceedings issued by the landlord who opposed the tenant's right to a new tenancy on redevelopment grounds. Philip D’Arcy heads the practice, which includes 'very experienced' senior associate Jessica Irwin, who 'deals with matters in a timely manner, keeps the client updated and clearly knows her stuff'.

Blaser Mills Law boosted its property litigation credentials with the recruitment of Alex Wyatt, who joined the firm in September 2017 from Devonshires Solicitors LLP and is 'extremely knowledgeable, friendly and approachable'. He joins a team with expertise in handling property disputes across a range of sectors, including logistics and healthcare, for property developers, funds and high-net-worth individuals. The practice recently acted for Stratford Developments in a claim brought by the seller of a development site alleging that the client was in breach of an overage agreement, which was successfully settled at arbitration. Practice head Alka Kharbanda is also recommended alongside Sangita Manek, who has a strong focus on insolvency issues.

Dutton Gregory LLP's Robert Bolwell is 'unsurpassed in his client-handling skills; he is able to instil a sense of great confidence in lay clients and can explain complex legal issues in terms easily understood by the layman.' The practice acts for letting agents nationwide, including Countrywide Estate Agents, for which it handles rights of action under commercial leases where a tenant is in arrears. The practice also acted for publicans seeking relief from forfeiture, further to a possession order for arrears and breach of tie arrangements. Louise James and Gina Peters are also recommended.

Gardner Leader LLP's clients find the firm's property litigation 'very enjoyable to work with' and rate its 'high-quality, commercial property litigation advice'. In an illustration of its growing reputation in the market, the team was recently appointed to the panel of a national building society to handle all property-related claims, including mortgage repossessions, and has experienced an increase in the number of instructions concerning adverse possession claims. The practice is acting for clients with an interest pursuant to an option to purchase land that is subject to a restrictive covenant preventing building on the land in question. Key figures include Alastair Goggins, who is 'a commercially savvy and effective litigator', and the 'pragmatic, dogged and determined' Michele Di Gioia.

Geoffrey Leaver Solicitors LLP's 'excellent' property litigation practice handles a range of disputes, including lease renewal proceedings, planning disputes, rent and service charge recovery, forfeiture actions and applications for relief, and rights of way disputes. Key figures include Kenneth Stangoe, who 'delivers a response to each query that is beyond compare in its accuracy and completeness', and Mairead McErlean, whose expertise covers the full spectrum of property litigation on behalf of landlords and tenants.

Herrington Carmichael LLP acts for landlords, tenants, developers and investors in a range of property litigation matters. Key figures include Frances Tierney, who has an extensive track record acting for landowners, property developers and investors in property-related disputes at all court levels, and Robert Syms who joined in June 2017 and brings with him expertise in lease termination issues, dilapidation claims, disputes over breach of lease terms and and enforcement of restrictive covenants.

Laytons LLP fields 'an excellent team' that 'shines in every respect'. The firm's merger with Silverman Sherliker in August 2017 significantly enhanced the practice, which is particularly known for its work for pharmaceuticals companies, in addition to acting for a number of the UK's largest private sector housebuilders. Recent work includes acting for a retired architect in a claim against St John's College, Oxford concerning boundaries and drainage easements. The 'thoughtful and thorough' Simon Foster has 'an excellent manner with clients, and instills confidence'.

Pinney Talfourd LLP is 'a growing local firm that delivers a large number of skillsets at a reasonable price point'. The practice is headed by Stephen Eccles, who is praised for his 'very detailed approach to transactions and ability to deliver the correct results every time, in the required timeframe'. Clients include Connells Group, for which it handles all of the client's lease renewal work, and developers such as Etcetera Construction Services and Abbey Developments.

Pitmans LLP acts for a number of the region's leading property developers, and also handles landlord and tenant litigation, insolvency-related disputes, and construction litigation. The practice recently represented the applicants in an application for the registration of land based upon adverse possession, which was opposed by the adjoining owners. Key figures include practice head David Williams, who regularly handles lease renewal claims, dilapidations litigation, and possession applications; Phil Smith.

Thomson Snell & Passmore has an extensive track record in commercial landlord and tenant work, and acts for funders, developers and landowners, among other clients. Recent work includes acting for Huatford in securing a declaration that its landlord was unreasonably withholding consent to an application for change of use. Mark Steggles is the key contact.

VWV (Veale Wasbrough Vizards) provides 'practical advice' to educational establishments, public sector organisations, religious institutions, investors and developers. The practice handles the full range of property-related disputes, from dilapidations and evictions to overage disputes. Recent work includes acting for the lender in a high-value mortgage recovery claim, acting for the tenant in a lease renewal of commercial premises in London's West End, which has involved issues regarding change of use, and acting for a charity as tenant in challenging a landlord's opposition of the renewal of two leases. Laura Seaman heads the practice and provides 'clear, professional advice'.

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Legal Developments in South East for Property litigation

  • Parking rights: here to stay? Consent might be the surprising answer ‚Ä©

    In the field of the acquisition of easements by prescription, little has caused more consternation over the last decade or so than the question of whether a right to park cars can be acquired by twenty years user as of right. The types of property capable of being adversely affected range from individual residential units all the way up to major development sites. The establishment of such a right can have a devastating impact on the value of the burdened land.‚Ä©
    - Falcon Chambers

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