Real Estate Disputes
We deal with all types of property dispute.
- land acquisition, development and use, commercial landlord & tenant, housing and residential, property finance/insolvency and negligence
- money claims, enforcement and injunctions, declaratory relief, emergency applications, and bespoke claims under statute
We deal with investors, developers, landlords, tenants, corporate occupiers, retailers, registered providers, banks and high net worth individuals.
We litigate in all forums: Privy Council and Appeal Courts, High Court & County Court, property and other tribunals, arbitration and expert determination and ADR/mediation.
We have particular expertise and experience in:
- rights of light, easement and restrictive covenant matters
- site clearance – including squatters and large scale protester action
- leasehold consents
- break clauses
- rent review and other property valuation disputes (including overage)
- property insolvency
- housing management
- ADR (including arbitration, expert determinations and mediations)
We also advise clients on how to avoid disputes and minimise property-related risk.
Major overhaul to disclosure coming: are you ready?22 November 2018
Documents win and lose cases. On 1 January 2019, fundamental changes to the disclosure process are due to come into force as part of a pilot scheme in the Business & Property Courts across England and Wales.
Andrew Wanambwa writes for FT Adviser: Unexplained Wealth Orders15 November 2018
In an article for FT Adviser, Andrew Wanambwa discusses the powerful new weapon in the armoury of enforcement agencies, unexplained Wealth Orders (UWOs).
Out of court appointments of administrators: a return to reason13 November 2018
When appointing administrators out of court, there is requirement to specify the date and time the appointment is made. This is a development arising since April 2017 as a result of the Insolvency Rules 2016 coming into force. Given that appointments are generally effective at the point of filing, it has been unclear how (absent a crystal ball) practitioners should address the requirement when preparing the Notice of Appointment form. A recent High Court decision resolves the issue, confirming that a notice making reference to a future filing is acceptable.
Dispute Resolution Update - October 201801 November 2018
Welcome to our October 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
Corporate Governance and Insolvency reforms25 October 2018
The UK Government is implementing measures to strengthen corporate governance and insolvency laws. The aim is to increase accountability, improve creditor protection and promote company rescue. This note comments on a selection of the proposals which were published at the end of the summer.
SFO v ENRC landmark privilege case: no appeal but the story continues…10 October 2018
The Serious Fraud Office (SFO) has confirmed that it will not appeal the Court of Appeal’s landmark ruling that documents created during an internal investigation by Eurasion Natural Resources Corporation (ENRC) were protected by litigation privilege and do not have to be disclosed to the SFO. However, the story does not end there because in a new twist, ENRC has applied for a judicial review of the SFO’s investigation into criminal allegations of corruption and financial wrongdoing by ENRC.
Permission to issue a warrant for possession is no longer required in rent arrears cases27 September 2018
The Civil Procedure (Amendment No. 3) Rules 2018 (SI 2018/975) come into force from 1 October 2018 so that a writ or warrant for possession may be issued without the court’s permission where there has been non-compliance with an order suspending possession on payment of money.
The importance of gas safety19 September 2018
On 6 April 2018, the Gas Safety (Installation and Use) Regulations 1998 were amended with the new regulations allowing ‘flexibility’ for landlords when carrying out annual gas safety inspections. It’s important to note that these amendments do not change or relax a landlord’s obligations to carry out an annual gas safety inspection. They simply allow for the annual inspection to be carried out within a two month period prior to the expiry of the existing certificate, whilst retaining the existing expiry date.