Property
Stephen is an exceptional property litigation barrister. He is highly respected and specialises in high value and complex disputes. He has over 20 years’ experience in the field of property litigation and is recommended as a leading commercial practitioner by both Chambers and Partners and The Legal 500. 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 renowned for his hard working and no nonsense approach, for the pragmatic and strategic advice that he provides and for his ability to relate to his clients and to communicate his advice to them in an unstuffy, clear and practical manner.
Stephen’s work encompasses advisory work, interim applications (very often urgent), trials and ADR. He appears regularly in the Chancery Division, the Mercantile Court and the Court of Appeal.
Property cases
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.
