Property
Stephen is an exceptional property litigation barrister. He is highly respected and specialises in high value and complex disputes. He has over 30 years’ experience in the field of property litigation and is recommended as a leading practitioner by both Chambers and Partners and The Legal 500. He appears regularly unled against Leading counsel. His practice comprises:
- Enforcement of security over land
- Contested mortgage disputes and mortgage fraud
- Enforcement of land contracts
- Estoppel
- Professional Negligence – Solicitors, Surveyors and Accountants
- Construction and enforcement of restrictive covenants
- Easements
- Overage Provisions
- Rent Review Provisions
- Business Tenancies
- Dilapidations
- Boundary Disputes
- Serious Neighbour and Harassment Disputes
- Arbitration, Mediation and other forms of ADR
Stephen is an outstanding advocate with an extremely sharp analytical brain. He is succinct in his advice and does not sit on the fence. His attention to detail, his ability to talk the client’s language and his robustness are first-rate. He is able to cut through ancillary issues and get to the heart of the matter, something which is key in delivering an excellent result for the client (Chambers and Partners 2019).
Stephen’s work encompasses advisory work, interim applications (very often urgent), trials and ADR. He appears regularly in the Business & Property Courts, in the First Tier and Upper Tribunal, Property Chamber and in the Court of Appeal.
Property cases
R v R (2023) – Acted for the Claimant in a £5 million proprietary estoppel claim regarding beneficial ownership of extensive commercial farm premises. Settled on the eve of trial on terms favourable to the Claimant.
Gattward v Kestrel Lodge (2023) – Acted for the Claimant in a niche case between two commercial holiday park owners as to the meaning of the expression “caravan” within the terms of a restrictive covenant and as to whether or not the Defendant was in breach of that covenant in the use of their holiday park. The narrow construction of the Claimant was preferred and injunctive relief to restrain further breach was granted.
Edhem v Edhem [2022] UKUT 243 (LC) – Acted for the Claimant in First Tier and Upper Tribunal, Property Chamber proceedings against her Defendant son to rectify the register by setting aside the Transfer of a £1 Million plus residential property that had been forged at the hand of the Defendant. 8 days of trial and a 1 day appeal, followed by Freezing Order relief against the Defendant.
C v C (2022) – Acted for the Petitioner in a Section 994 Petition (value circa £2 million) which settled at mediation following successful resistance of an application to strike out the Petition on the grounds that a buy-out order against the majority (being the principal relief sought) would never in the circumstances of the case be made.
Campbell v Tyrrell [2022] EWHC 423 (Ch) – Acted for the Second Defendant in the successful defence of a claim for sale at an alleged undervalue (£1.5 million). The case provides useful guidance as to the adequacy of business declarations for CCA purposes, as to where the burden of proof lies in relation to such declarations and as to Unfair Relations.
Eden v Parker [2016] EWHC 3302 (Ch) – Acted for the Claimant in a 3 week trial in two co-joined actions arising out of a joint venture for the purchase and development of commercial properties.
Raymond v Young (2014 first instance 2015 Court of Appeal) – Acted for the Claimants in a 16-day nuisance and harassment trial. Stephen provided advice and representation at all stages and was successful in obtaining and, in the Court of Appeal, maintaining a claim for ‘stigma’ damages for damage caused to the value of the Claimants’ property by the nuisance and harassment of the Defendants.
Baltic Cool v BA Capital Management (2015) – Acted for the Claimant in summary judgment/interim injunction proceedings to secure the release of a unilateral notice over a strategically important development site in Liverpool that was preventing completion of the sale and redevelopment of the site.
D v A&F (2013) – Acted for the Claimant in professional negligence proceedings against his former solicitors arising out of the grant of security over his property on terms otherwise than he had offered or agreed.
Barnes v Cranbrook Solicitors (2012) – Acted for the Claimant in proceedings against the partners of a dissolved firm of solicitors to enforce performance of undertakings to discharge existing charges on the sale of a property portfolio and/or for damages in lieu followed by proceedings against insurers of that firm under the Third Party (Rights Against Insurers) Act.
C v C (2010) – Acted for the Petitioner in s.994 and partnership dissolution proceedings arising from the breakdown of relations between business partners and family members in a substantial property business. The case settled on day 4 of a mediation by way of a division of property and monetary adjustment.
Belfield v Sefton MBC (2008) – Acted for land owner in estoppel and judicial review proceedings against the local authority to restrain enforcement of CPO over a multi-million pound development site on the grounds of unconscionability and legitimate expectation.
Jolley v Carmel (2001) – Acted for a purchaser under a conditional contract for the purchase of a development site in expedited proceedings and appeal to the Court of Appeal brought by the vendor to rescind the contract on the grounds of delay.
Liverpool City Council v Walton Group (1999) – Acted for the Claimant in expedited proceedings to rectify an option agreement over a strategically important city centre development site with a value of in excess of £100 million.
