Property litigation in Wales
Berry Smith
Berry Smith has an excellent reputation in the local market and further afield on behalf of developers, landowners and financial institutions across a wide array of property litigation, including as it relates to commercial dilapidations claims and land disputes. Simon Care provides 'very considered and knowledgeable counsel', across a range of disputes including on dilapidations claims, where he is recognised for his 'sound and practical advice'. Iwan Doull is the other key partner in the team and is noted for his 'sage advice on complex matters', which have recently included representing a client in judicial review proceedings relating to a large domestic infrastructure project.
Practice head(s):
Iwan Doull; Simon Care
Other key lawyers:
Jane Rees
Testimonials
The key partners are good, sensible commercial lawyers who do most of the work themselves without overreliance on barristers.
Simon Care is very technical and thorough
Iwan Doull is highly likeable and engaging
Iwan Doull provides commercial and practical advice
Key clients
Waterstone Estates
Welsh Government
HB Thomas & Sons
The Trustees of the Ahmed Trust
Jacques & Dinah de Wit
Gerald & Julia Jones
Arthur Beale
CAD Properties
Starburst
Faisal Ali
Work highlights
- Representing Waterstone Estates in a judicial review.
- Defending the Welsh Government against a claim brought by the owner of adjoining land that its development work had caused flooding.
- Representing HB Thomas & Sons in a dilapidations claim.
- Acting for the trustees of the Ahmed Trust 2005 defending a claim brought against them by their tenant in relation to contested commercial property lease renewal proceedings.
- Representing Jacques and Dinah de Wit in relation to a dispute they have with their neighbours concerning a right of way which their property enjoys over the property owned by their neighbours.
Blake Morgan LLP
Blake Morgan LLP generates a significant amount of repeat instructions for a range of local and UK-wide landlord and tenants across the gamut of property litigation, including on high-value commercial dilapidations and compulsory purchase order compensation claims. Team head Sian Jones is particularly noted for her social housing-related property litigation prowess and regularly represents housing associations in their most pressing disputes.
Practice head(s):
Sian Jones
Other key lawyers:
David George
Key clients
Welsh Government
Canary Wharf Group
RPS Group
NHS England
Triumph Furniture
Crabtree & Evelyn
Cardiff Council
Seiko
Eagle One Group
Royal National Institute for the Blind
Work highlights
- Representing Clwyd Alyn Housing Association in respect of a breach of lease and breach of management agreement for the provision of support services to people with addiction problems.
- Contested lease renewal for Eagle One Shopping Village, relating to the landlord’s development requirements and the anchor tenant’s requirements for a long lease.
- Advising on the commercial and residential aspects of the regeneration of a former council estate for Newport City Homes – including Landlord and Tenant Act 1954 lease renewals for retail tenants (major chains and local retailers), and variations of long residential leases to ensure that land is available when required for development.
- Continuing to act for South Wales Land Developments in relation to the claim against Western Power Distribution (South Wales) Limited for damages for breach of covenant contained within a deed of easement in respect of obligations to relocate an electricity pylon.
- Acted on urgent instructions from Festiniog Railway Company to obtain an injunction against an individual from accessing and interfering with the railway line and endangering members of the public.
Eversheds Sutherland (International) LLP
Sitting as an integral part of the firm's UK-wide property litigation offering but also regularly generating and leading on its own case load, Eversheds Sutherland (International) LLP's seven-strong team has the strength-in-depth to handle a broad range of litigation for a diverse array of clients, such as major institutional landlords and financial services entities (including SIPP providers). The transport and energy sectors are also growing and key focal points for the team, with major national clients instructing the team on property disputes arising across their portfolios including on major strategic advice. Team head Kathryn Cook acts on a range of contentious property issues including landlord and tenant matters and property-related professional negligence.
Practice head(s):
Kathryn Cook
Other key lawyers:
Julie Dilcock
Testimonials
‘Julie Dilcock is highly experienced and proficient, communicates very effectively, and is very patient and pleasant to discuss legal matters with.’
Key clients
Legal & General
Annington Property
Thames Water Utilities
High Speed Two
RWE Generation UK
SEGRO Plc
Transport for London
Network Rail
Cuadrilla Resources
HMV Retail
Forestry Commission
Stena Line
Work highlights
- Sole legal adviser to Thames Water Utilities across its diverse portfolio dealing with all contentious property and property management issues.
- Continuing to represent the Forestry Commission across its diverse portfolio including advising at a strategic level in relation to its operations as well as acting on all business-as-usual contentious property and property management issues across its estate.
- Continuing to act to protect Cuadrilla’s interest in relation to an injunction and contempt proceedings obtained in respect of anti-fracking protestors occupying land near to test sites in the North of England.
- Acting for RWE Npower across a range of contentious property issues arising across its portfolio of properties including office accommodation and power stations.
- Acting for HMV across its portfolio of retail properties dealing with all contentious property and property management issues, including break notices, lease renewals, dilapidation advice, termination issues and strategic advice in terms of the management of its stores.
Geldards LLP
Able to call upon the expertise of 'some of the foremost litigators in real estate currently practising in Wales', Geldards LLP 's seven-strong team excels in providing 'creative solutions' across the panoply of property-related disputes for central government and local authorities, as well as large commercial entities. 'Exceptional' team head Ed Meggitt oversees the portfolio management concerns of numerous large retail clients, work which often includes varied property disputes. Nicola Lawrence has an 'impressive scope of practice', and as well as regularly handling core landlord and tenant disputes, has also built up a very strong practice in relation to property litigation in the water industry.
Practice head(s):
Ed Meggitt
Other key lawyers:
Testimonials
The team displays great attention to detail
Ed Meggitt is exceptional at handling complex disputes
Nicola Lawrence has a very sound and practical knowledge of commercial landlord and tenant disputes, as well as easements including rights of way and water law.
Key clients
Malthurst
Carmarthenshire County Council
Edinburgh Woollen Mill / Peacocks Group
Boots UK
T Land
EUI / Admiral Group plc
Arcadis
Dwr Cymru Cyf
Royal Voluntary Service
Welsh Ministers / Welsh Government
Celsa Steel
Leekes Limited
Pendragon Plc
Jaeger Retail
Coed D’Arcy / St Modwen
Associated British Ports
Western Power Distribution
Work highlights
- Defending Malthurst Limited in litigation brought by a former franchisee claiming security of tenure and significant damages.
- Defending Carmarthenshire County Council in court proceedings brought by its former landlord for significant damages for dilapidations
- Defending Peacocks Stores in court proceedings where the landlord opposed a new tenancy under ground (f) of the 1954 Act.
- Secured a favourable settlement for Edinburgh Woollen Mill as defendant following court proceedings for significant damages for dilapidations
- Advising the trustees of T Land in respect of the determination of an option agreement which was in favour of a third party and now releases the significant value of that land.
Hugh James
Hugh James handles a plethora of property litigation matters for the firm's impressive roster of public/third sector clients, including local authorities and registered social landlords. The development sector is another fertile source of work, with the team regularly advising house builders and the development arms of social housing clients on matters ranging from breach of covenants to adverse possession claims. Team head Robert Phillips has developed niche expertise defending the rights of landowners in disputes involving mineral rights.
Practice head(s):
Robert Phillips
Other key lawyers:
Jo Brown
Testimonials
The personable and knowledgeable Robert Phillips grasps complicated issues very quickly.
Key clients
Welsh Government
Natural Resources Wales
The Crown Estate
Monmouthshire County Council
Curo Housing Association
Trivallis Housing Association
Tai Calon
Barratt Homes
AP Wireless II (UK) Limited
Shaw Healthcare
Work highlights
- Representing the Welsh Government Consortium against a local community that claims the land that the public body holds for development purposes is a Town and Village Green.
- Representing the Natural Resources Body for Wales in the defence of a claim for ownership of mineral rights over several large areas in Wales.
- Acting for a leading high-street bank in the defence of an adverse possession claim made by several parties for the freehold and leasehold title to a theatre.
- Advising AP Wireless II (UK) Limited on various access and wayleave issues at its portfolio of properties.
- Advising Curo on a residential development scheme that faced significant resistance by local residents.
Acuity Law
Headed by Clare Tregoning , Acuity Law's nascent property litigation offering has made strong inroads into the local market, where it has been effectively able to leverage the firm's impressive roster of commercial real estate clients, as well as generating a significant amount of standalone mandates for private individuals, SMEs and local authorities. Tregoning's diverse caseload includes issues under the Landlord and Tenant Act 1954, forfeiture, easements, boundary disputes, and claims for determination of service charge accounts
Practice head(s):
Clare Tregoning
Testimonials
Provide a helpful and knowledgeable service
Key clients
Stromag UK
Perthyn
William Savage and Linda Savage
Marisa Hampton
Richard Davies, Jonathan Davies and David Davies
Community Homes of Intensive Care and Education
GPP Big Field LLP and GPP Langstone LLP
Work highlights
- The team represented Stromag UK Limited in a dispute over the validity of a break notice
- Represented Perthyn Limited, a care provider, in its claims for encroachment and trespass
- Representing two private individuals in their claims for boundary determination and injunctive relief of a sizeable residential property in Usk
- Represented a private individual in a dispute over solar panels
- Representing three clients in an arbitration against their tenant
Darwin Gray LLP
Darwin Gray LLP handles a wide range of property litigation, including on landlord and tenant matters and dilapidation claims. Rhodri Lewis is one of the key practitioners in the team, who as well as handling core property litigation also handles property-related professional negligence matters.
Dolmans
At Dolmans, private client department head Philip Bradley has significant experience acting for management companies, landlords and tenants across a range of property litigation including in relation to rent reviews, breach of covenants and possession proceedings. The team also regularly handles property litigation for the firm's large roster of domestic and UK-wide local authorities.
Practice head(s):
Philip Bradley
Other key lawyers:
Simon Evans; Peter Bennett; Claire Thomas
Douglas-Jones Mercer
At Douglas-Jones Mercer, team head Russell Price has an excellent reputation in the market for handling property disputes for clients in the public/quasi-public sector, including local authorities, health sector entities and housing associations. Price also provides contentious support to the real estate team's extensive roster of SIPP providers.
Practice head(s):
Russell Price
Key clients
Welsh Government
Pembrokeshire County Council
Coastal Housing Group
Four Counties (Holdings) Ltd
JRT Holdings Ltd
Longford Investments (No.1) Ltd
Players Industrial Estate
Knightsbridge Property Development Corporation
Estateways Plc
Welsh Ambulance Services NHS Trust
Pobl Group (including Gwalia Housing Association)
Sanlam Life & Pensions UK
Public Health Wales NHS Trust
LAS Recycling Limited
Cardiff & Vale University Local Health Board
Carmarthenshire County Borough Council
Abertawe Bro Morgannwg University Local Health Board
Personal Pension Trustees Limited (Division of JLT Group plc)
Powys Teaching Health Board
Velindre NHS Trust
Estateways plc
JLT Group plc
Toast Mail Order Ltd
Dawnus Construction Holdings
Work highlights
- The firm is representing Dawnus Construction Holdings with regard to a claim against Southern Electric Power Distribution plc (part of the SSE Group) concerning an alleged trespass on the site of a hotel development in Poole, Dorset by SSE, which historically installed electric cables across the development site without authority/permission.
- Representing Carmarthenshire County Borough Council in relation to a large portfolio of disrepair claims received from the council’s social housing tenants
- Advising Estateways plc in relation to two outstanding rent reviews relating to a property currently occupied by a major leisure operator based in Swansea
- Advised Gary Stones & Co (a trustee in bankruptcy) upon the recovery of farm buildings/land as part of a bankruptcy process.
JCP Solicitors
Headed by the 'experienced and confident' Sarah Davies, JCP Solicitors provides a 'practical and client-focused service' to local landlords and tenants, developers and management companies across a range of litigation, including on issues relating to rent review, boundary disputes, adverse possession and termination of commercial premises. Davies has particular expertise on right of way claims.
Practice head(s):
Sarah Davies
Other key lawyers:
Jonathan Flynn
Testimonials
A strong team of solicitors with experience and knowledge across all aspects of property work.
The team provides a cost-effective service
Sarah Davies has a very strong grasp on her case law and manages cases well.
Sarah Davies provides pragmatic and sensible commercial advice
Jonathan Flynn is always assiduously prepared and has an eye for detail.
Morgan LaRoche
Led by the 'technically very able' Jason Williams , Morgan LaRoche's property litigation team has an excellent reputation in the local south west Wales market, particularly in relation to landlord and tenant disputes. Regularly engaged in litigation in the courts at all levels, Williams' recent caseload has seen him involved in a high-profile case concerning the interpretation of service charge clauses which reached a final determination before the Supreme Court.
Practice head(s):
Jason Williams
Other key lawyers:
Jessica Blandford