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Real Estate Disputes

We deal with all types of property dispute.

This includes: 

  • 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)
  • dilapidations
  • property insolvency
  • housing management
  • enfranchisement
  • ADR (including arbitration, expert determinations and mediations)

We also advise clients on how to avoid disputes and minimise property-related risk.  

Related items

Landlord's intention under Ground (g) of the Landlord and Tenant Act 1954

08 November 2021

It is often said that, opposing renewal under paragraph (g) of section 30 (1) of Part II of the Landlord and Tenant Act 1954 on the ground that the landlord intends to occupy the premises for the purposes of a business to be carried on by it, is a relatively straight forward ground upon which a landlord can succeed in opposing renewal. Since the decision of S.Franses v Cavendish Hotels there has been much speculation about the extent to which that decision impacts upon the landlord’s ability to oppose renewal on ground of opposition under paragraph (g).

Jurisdiction Challenges

29 October 2021

Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

Enforcing arbitral awards in England & Wales

29 October 2021

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy

11 October 2021

The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.

A guide to the litigation process in England and Wales

20 July 2021

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

A guide to the litigation process in England and Wales including guidance on the disclosure pilot scheme

20 July 2021

If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute, what litigation involves, the steps from the start of proceedings to trial, what parties to proceedings have to do, the fundamentals of court procedure, how to use legal advisers efficiently and cost effectively, and what happens after judgment.

Real Estate Building

Commercial rent — COVID-19 - tenants’ defences fail at first hurdle

09 July 2021

Commercial tenants and landlords alike have been eagerly awaiting the outcome of two landmark cases (Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd & Others v Cine-UK Ltd & Others) where a number of tenants challenged their liability to pay the rent and other sums under their respective leases based on arguments related to the effects of Covid-19.

Adjudication

09 July 2021

Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).

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