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.
Coronavirus Act 2020 and forfeiture of leases29 March 2021
The government is racing to try to protect tenants’ interests, with the Coronavirus Act 2020 coming into force on 26 March 2020.
RE: Occupy - Real Estate FAQs for Tenants during Covid-1929 March 2021
The impact of Covid-19 is constantly changing for the real estate sector: from construction sites and developments being shut down; to new approaches for planning inquiries and a mutable landscape for lease negotiations. Nothing is set in stone. Therefore, we have pulled together a selection of the questions we are being asked by clients and will be updating this regularly.
New rules on witness statements in force from 6 April 202109 March 2021
The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.
Government imposes moratorium on statutory demands and winding up petitions07 January 2021
The government has introduced a temporary ban on commercial property landlords from issuing statutory demands and winding-up petitions against tenant companies unable to pay amounts owed under their lease due to coronavirus.
COVID-19 advice for corporate occupiers07 January 2021
Commercial tenants – whether occupying offices, retail premises, industrial units or other property - face potentially existential questions arising out of their landlord and tenant relations, how to manage cashflow and outgoings as revenues dry up, premises shut down and uncertainty reigns.
It takes two to make a thing go right...! The two-part possession hearing09 November 2020
On 27 March 2020, all possession claims and evictions (save for a few exemptions) were stayed as a result of the Coronavirus pandemic. Fast forward to 20 September 2020, and the stay has been lifted, but there are new arrangements released by the Master of the Rolls “The Overall Arrangements” which deal with how the Court intends to return to hearing possession claims and the challenges it faces. Most important to note is the introduction of a “Review Hearing”.
Lewis Silkin wins Real Estate Team of the Year Award 202006 November 2020
Lewis Silkin has won the accolade of Real Estate Team of the Year award at The Lawyer Awards 2020 for their work on Earl’s Court Regeneration.
Dispute Resolution Update - October 202016 October 2020
Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.