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Property Overview

Chambers has a well-deserved reputation in property litigation, being recognised as one of the leading sets in London by both “Chambers and Partners” and “Legal 500”.

Members of Chambers of all levels of seniority, regularly advise on both contentious and non-contentious property matters. In litigious matters members frequently appear, acting for a wide variety of clients including individuals, companies and public authorities in the High Court (Chancery Division), the County Courts, the First Tier Tribunal (Property Chamber), the Upper Tribunal (Lands), the Upper Tribunal (Tax & Chancery) and the Appellate Courts as well as in arbitration.

Real Property issues dealt with on a regular basis include easements, restrictive covenants, boundary disputes, rights of light, mortgages and charges, registration of title, conveyancing disputes, co-ownership and beneficial interests, licences, options, overage and adverse possession.

Members also deal with the full spectrum of both commercial and residential landlord & tenant matters, including 1954 Act renewals, service charge disputes, consents, assignments, breaches of covenant, forfeiture, break notices, dilapidations and possession actions.

Individual specialisms within Chambers include restrictive covenants, rights of light, land registration, injunctive relief and the law relating to water and waterways.


Directories

Chambers & Partners 2017

Serle Court is respected for its property work, and has broad expertise in handling complex litigation and non-contentious issues. Its silks and juniors offer sophisticated and tailored real estate counsel, focusing on such matters as restrictive covenants, rights of light and boundary disputes as well as break notices, dilapidations and adverse possession. They have a further niche specialism in the law relating to waterways. 

Client service: "Steve Whitaker's clerking team is very responsive." 

SILKS 

Christopher Stoner QC 
Has garnered recognition for his expertise in water and canal law, and is known as one of the leading silks practising riparian rights. His practice also takes in service charge and landlord and tenant disputes. 
Strengths: "Knowledgeable, efficient and a clear advocate." "Easy to work with and a real team player, he's extremely thorough and impressive on his feet."
Recent work: Acted in R Square Properties Ltd v Nissan Motors (GB) Ltd, successfully obtaining a judgment that rights contained in a lease were in fact defined as easements. 

JUNIORS

Andrew Bruce 
Has a high-quality property practice, with an emphasis on landlord and tenant law and property litigation. 
Strengths: "His written work is superb." "His breadth of knowledge on property-related professional negligence makes him an easy choice for any such dispute."
Recent work: Instructed in several recent property cases including a business tenancy dispute, and a multimillion-pound development case linked to Manchester airport. 

Andrew Francis 
Has a fine reputation at the Bar for his dedicated property litigation practice. He is acknowledged for his work in restricted covenants and rights of light, and is also recognised for his knowledge of party wall law.
Strengths: "The go-to man for right to light cases." "He's the first port of call on restrictive covenant disputes."
Recent work: Acted in Scott v Winter, a restricted covenant case to determine whether damages or an injunction were the necessary course of remedy. 

Thomas Braithwaite 
Noted for having a diverse practice that spans franchise rights, development rights and negligence claims amongst other matters. He is regularly instructed by major bodies such as The Crown Estate.
Strengths: "He is very persuasive on his feet and judges like him. He has a winning advocacy style." "He is authoritative, gives clear advice and doesn't sit on the fence."
Recent work: Instructed in Zero-C v Dragonsway Wales, a dispute over a development heard before the High Court. 

Legal 500 2016

Serle Court is ‘a strong, modern set’ with ‘an extremely efficient clerks’ room’. Recent cases include Lynn Shellfish v Loose, in which Thomas Braithwaite acted as principal counsel for the Crown Estate. 

Christopher Stoner QC - ‘A brilliant property litigation specialist, displaying outstanding legal skills both on paper and in court’

Frank Hinks QC - ‘He leaves no stone unturned.’

Philip Jones QC - ‘Very good.’ 

Andrew Bruce - ‘Effectively gives a blueprint as to how matters should proceed, which is enormously helpful.'

Jonathan Fowles - ‘He handles tricky client care matters effectively and delicately’ 

Thomas Braithwaite - ‘Easy to work with, calm and assured’ 

Andrew Francis - ‘An expert on rights of light’

News

04.04.2017

Leading Chancery and Commercial set Serle Court is pleased to... more

26.07.2016

We announced earlier this year that Serle Court's Litigation Conference... more

12.04.2016

Kathryn Purkis is returning to Serle Court to practise at... more

07.03.2016

Leading commercial and chancery set Serle Court today announces the... more

24.09.2015

We are delighted that Serle Court has received two nominations... more

22.09.2015

The latest edition of SerleSpeak is now available to download... more

10.03.2015

The latest edition of SerleSpeak is now available to download... more

30.10.2014

The latest Chambers & Partners directory was published on 30... more

22.09.2014

Serle Court hosted a very successful litigation conference in London... more

01.09.2014

Professor Jonathan Harris is an editor of the leading work... more

20.09.2012

We have had another excellent set of results in the... more

21.09.2011

In the new edition of the Legal 500 directory, Serle... more

14.06.2011

  The Law Commission’s long-awaited Report and draft Bill on... more

28.10.2010

The 2011 Chambers & Partners directory was published on 28... more

07.09.2010

In the new edition of the Legal 500 directory, Serle... more

Notable Cases

Godden v Godden [2015] EWHC 2633 (Ch)

Appeared on behalf of the claimant at trial on her claim... more

Creative Foundation v Dreamland Leisure Ltd [2015] 3 WLR 1814

Acted for the successful claimant in a case concerning the... more

Loose v Lynn Shellfish Ltd [2016] UKSC 14; [2016] 2WLR 1126

Intervened in the Supreme Court on behalf of the Crown... more

Loose v Lynn Shellfish [2016] UKSC 14

Intervention on behalf of the Crown Estate in a case... more

Re 3 Aylmer Drive, Stanmore [2014]

Represented the objectors on an application to modify a restrictive... more

Phillips v Francis [2015] 1 WLR 741

Decision by Court of Appeal as to the correct approach... more

Lictor Anstalt v Mir Steel UK [2014] EWHC 3316 (Ch)

Successful claim on behalf of  the owners of a steel... more

Singh v Singh

Daniel Lightman represented Jasminder Singh, the Chairman and Chief Executive... more

CR v MZ [2014] WTLR 233

A sham trust/forgery case relating to the ownership of a... more

Moore v British Waterways Board [2013] 3 WLR 43

An important decision which, in upholding an aspect of the... more

Port of London Authority v Muggoch & Other

Land Adjudication proceedings on the issue of whether the Port... more

BOH Limited & Another v Eastern Power Networks (formerly EDF Energy Networks (EPN) plc) [2011] 2 EGLR 105

Issues arising from a split reversion, including on the continuation... more

Perkins v McIver [2012] EWCA (Civ) 735

 more

Ullah v Ullah [2013] EWHC 296 (Ch)

Andrew Bruce successfully represented the Defendants in a substantial High... more

Portsmouth Holdings Ltd v JL Homes Ltd Anor Ch D, 4 October 2012

A mortgagee brought possession proceedings against a corporate mortgagor and... more

Sand Martin Heights Residents Co Ltd v Graham Southend County Court, August 2011

The claimant, a residents' management company, brought proceedings against the... more

Pamela Thornhill & ors v Nationwide Metal Recylcing [2011] EWCA Civ 919

Sucessfully defended a first instance judgment which determined that his... more

Company Developments (Finance) Ltd v Coffee Club Restaurants Ltd [2011] EWCA Civ 766

The case concerned the construction of guarantee obligations in a... more

Oceania Heights v Wilard Clarke Enterprises

A case on appeal from the Bahamas on the question... more

Greatorex v Newman [2009]

What inferences could properly be drawn by the trial judge... more

Scottish & Newcastle v Raguz [2008] 1 WLR 2494

Whether valid notice served pursuant to section 17 of the... more

Kilmartin SCI (Hulton House) v Safeway Stores [2006] 1 EGLR 59

First judicial consideration of the RICS Code of Measuring Practice. more

Cawdron v Merchant Taylors’ School [2009] EWHC 1722 (Ch)

Members of Chambers appeared for all the various parties in... more

Odogwu v Vastguide Ltd [2008] All ER (D) 267

This case concerned the current live issue of whether the... more

Crown Estate Commissioners v (1) Roberts (2) Trelleck Estate Limited [2008] P & CR 255 Lewison J

The Crown Estate Commissioners brought the claim to establish the... more

Lexi Holdings plc (in administration) v Pooni [2008] All ER (D) 292

The Claimant was the registered proprietor of No Man's Land... more

RHJ v Patten [2008] EWCA Civ 151

The Court of Appeal held that a term in a... more

Roberts v Swangrove Estates Ltd and Others [2008] Ch 439 and [2008] 2 WLR 1111

At first instance, the Crown obtained title to the bed... more

Roberts v Swangrove Estates Ltd and Others [2007] EWHC 513 (Ch); Lindsay J

Successful claim by the Crown Estate Commissioners to adverse possession... more

Younger v Lansdowne Tutors and others [2006] EWHC 1647 (QB, Simon J)

Claim under an alleged finder's fee agreement to the proceeds... more

Littman v Aspen Oil (Broking) Ltd [2005] EWCA Civ. 1579

Case concerned a lease of commercial premises in London. The... more

Scribes West v Relsa Anstalt (No 3) [2005] 1 WLR 1847

The registered proprietor of land assigned it, subject to and... more

Earl of Macclesfield v Parker 24 July 2003 Lewison J. 2004 C.A.

The Earl brought a claim to live in Shirburn Castle... more

Driver v Yorke and another 7 April 2003, Ch D, HHJ Bowsher QC

This was a claim that the principle asset of the... more

National Trust v Ashbrook 1997 T.L.R.360

Acting for the National Trust in relation to its powers... more

Dugan - Chapman v Grosvenor Estate Belgravia [1997] 10 E.G 152

Acting for the Grosvenor Estate in relation to whether the... more

Mid-Glamorgan C.C. v Ogwr B.C. 1995 1 W.L.R 313

Effect of compulsory purchase for an abandoned purpose on common... more

Westway Homes v Moore (1991) 31 EG 57

The exercise of a land option more

Crown Estate Commissioners v Morgan 1990 EGCS 150

Commons more

Westminster C.C v Duke of Westminster 1991 4 AER 136 Harman J

Whether 600+ flats had to be retained for occupation by... more

Crown Estate Commissioners v Dorset C.C. [1990] Ch 297 Millet J

Whether the Plaintiffs was precluded by issue estoppel from advancing... more

Reed v Madon [1989] Ch 408 Morritt J

Claim by three Muslim sisters to get a stranger removed... more

Kerr v Morris 1987 Ch 90

The effect of restraint of trade/public policy on a medical... more


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