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Ashfords LLP

PRINCESS COURT, 23 PRINCESS STREET, PLYMOUTH, PL1 2EX, ENGLAND
Tel:
Work 01752 521500
Fax:
Fax 01752 526001
DX:
8273 PLYMOUTH 2
Email:
Web:
www.ashfords.co.uk

James Hemsley

Tel:
Work 01752 526038
Email:
Ashfords LLP

Work Department

Property Litigation Team

Position

Senior Associate 

Career

James has extensive experience of advising on landlord and tenant issues such as obtaining possession orders and the service of appropriate notices, forfeiture, service charges, Landlord and Tenant Act 1954 claims, rent guarantees, dilapidations and the exercising of an option to break.

He also advises on other property issues such as restrictive covenants, easements, boundaries, rights to light and Party Wall Act awards and acted successfully in the reported case of Betterment Properties (Weymouth) Ltd -v-James Carthy & Company Limited [2010] EWCA Civ 1401 concerning the construction and interpretation of a Section 38 Agreement.

Relevant Experience:

  • Major Swiss bank: Acting for the client in the enforceability of its security over two properties in London worth over £50 million and advising on complications regarding redemption and anti-money laundering issues.
  • Major Swedish bank: Advising the client on the validity and enforceability of its security and personal guarantees and recoverability of a large shortfall in its security including strategic advice concerning charging orders and title issues. In addition, providing advice on potential professional negligence claims against its professional advisors.
  • International pub company: Advising and managing a large LPA Receivership involving the insolvency of one of the largest hotel and pub companies in the UK of over 200 pubs and hotels including providing legal and strategic advice to a Corporate Guarantor on a £16 million rental liability and tactics on minimising that liability.
  • Major high street bank: Advising the client on the validity and enforceability of its security and its strategy in connection with the insolvency of a large property development company in the South East and defending a £96 million counterclaim concerning complicated corporate structures and beneficial interests.
  • Major university: Advising the client on all aspects of their student accommodation including providing an overview of the complicated title structure and repairing and maintenance obligations as well as advising on the individual student licences and obtaining possession orders.

 

 


South West: Real estate

Property litigation

Within: Property litigation

Ashfords LLP handles a range of strategic and contentious real estate issues, but is perhaps best known for advising public and private sector clients on landlord and tenant matters and complex development disputes. Department head Sian Gibbon has attracted praise from clients and peers alike; she assisted the construction arm of a national residential developer with obtaining orders for possession of a development site and the subsequent removal of various equipment from the site. Gibbon also advised a commercial occupier on a disputed lease renewal at a prominent London location, and assisted a water utility company with an interim possession order for a site that had been occupied by travellers. Rob Nicholson successfully represented CDS (Superstores International) in a claim of misrepresentation brought against one of the client’s landlords following the discovery of asbestos in a commercial property. Senior associate James Hemsley and solicitor Sophie Michaelides joined the team from Womble Bond Dickinson (UK) LLP.

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