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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

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”).

Real Estate Building

RE: Occupy - Real Estate FAQs for Tenants during Covid-19

17 June 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.

Coronavirus headline

Coronavirus Act 2020 and forfeiture of leases

17 June 2021

The government has protected tenants’ interests, with the Coronavirus Act 2020 coming into force on 26 March 2020.

COVID-19

COVID-19 advice for corporate occupiers

17 June 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.

Business

New rules on witness statements in force from 6 April 2021

09 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.

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