Property Disputes
"A growing presence in Wales and a flourishing practice marks this firm out as a leader in the region."
Chambers & Partners independent guide to the Legal Profession (2009)
We are proud of the fact that our specialist team of litigators is top-ranked in Wales in the field of property litigation and recommended in both the Chambers & Partners and Legal 500 guides to the Legal Profession.
We deal with all aspects of property planning and construction disputes representing our clients in every legal forum, including Adjudications in the construction industry, planning applications and appeals, the Lands Tribunal, Land Registry Adjudications, the Leasehold Valuation Tribunal and the County and High Courts. Several of our cases have progressed to the Court of Appeal.
A key to our success is to focus on identifying our clients' needs and objectives. Chambers & Partners (2009 Edn) describes us as being "able to deal with commercial issues in the case" and also praises us for our "extremely efficient service". In our client satisfaction surveys, sent to clients at the end of a claim, 93% of those who responded said that they would recommend our team to others.
We deal with every aspect of property litigation, construction disputes and planning and Chambers & Partners recommends us particularly as "one of the first names to come to mind for high value dilapidations and development projects".
Examples of how we have been able to help our clients are set out below.
Cases
- We successfully defended a claim against a commercial landowner for proprietary estoppel/specific performance of lease. The case was ultimately decided in the Court of Appeal
- Planning appeal for out-of-town retail chain which ultimately resolved at the Court of Appeal
- Representing developer of block of flats in the High Court rescinding 8 sale agreements worth over £1.5m and forfeiture of deposits
- Acted for tenants in one of the few reported decisions in the Leasehold Valuation Tribunal in Wales for removal of restrictive covenants on leasehold property
- Successfully defended landowner in an Adjudication in the Land Registry for claim for adverse possession for 8.5 acres of agricultural land
- Obtained High Court injunction and damages for commercial landowner for pollution caused by neighbouring concrete manufacturing plant
- We represented a company in a claim in the High Court for over £1 m against the Ministry of Defence for misrepresentation relating to the sale of land. The matter settled in our client's favour at mediation.
- We acted for a property developer in court proceedings in obtaining orders for possession against 50 allotment holders on a 5 acre development site under the rarely used Allotments Act 1922.
- We successfully represented a national logistics company in a claim in the High Court worth £0.5m relating to a breach of an agreement for lease and the construction of a national distribution centre.
- We are currently acting for a company in a claim in the Lands Tribunal for £0.6m against the Welsh Assembly Government under the Compulsory Purchase Order Scheme.
- Brought and defended separate applications in the Land Registry Adjudication scheme for rights of way over an area of development land. We successfully obtained rights in our client's favour and resisted claims brought by others.
- We acted on behalf of a major intemational bank in relation to the termination of a number of its commercial leases for properties in the UK.
- Advised national firm of jewellers in relation to claims for business disruption one of their shops in a large shopping centre in London.
- Successfully defended client in Court proceedings by our client's former cohabitee for half share in his home.
- Successfully represented client development company in a claim in the High Court against a Local Authority for breach of lease and ancillary parking rights crucial to development plans.
- Acted for developer in obtaining the removal of a restrictive covenant in favour of a Local Authority burdening our client's land.
- Currently acting in a family dispute over various rights of way claimed by prescription and under the terms of a Will disposing of parcels of land.
- Successfully appealed against a charging order and order for sale made against our client's home. A concurrent claim for professional negligence was brought against his former legal advisors who had wrongly permitted those orders to be obtained in the first place. They then paid off the debt for the client.
- Successfully appealed against a planning decision by local authority relating to access to highway from a property, fencing obligations and discharge rights.
- Judgement obtained in the High Court on behalf of construction company for unpaid fees due on £1m construction project, successfully defending counterclaim for allegedly defective works.
Contact
We are always willing to discuss matters on an initial no obligation basis, should you require further information please click here for our enquiry form.