Experience and Expertise
Kate’s wealth of expertise in this core practice area extends to all aspects of real property and landlord and tenant law.
She deals regularly with the following: easements and restrictive covenants; propriety estoppel; beneficial interests in the home; mortgages and securities; registered and unregistered conveyancing; Land Registry indemnities and other aspects of Land Registry practice; adverse possession and boundary disputes; highways and planning; compulsory purchase and compensation; overage and development; Stamp Duty Land Tax; business and residential tenancies; agricultural holdings and farm business tenancies; leasehold enfranchisement; tenants’ rights of first refusal.
Kate regularly advises and acts for both borrowers and lenders in a wide range of mortgage related work including forged and fraudulent mortgages, misrepresentation and undue influence, subrogation, marshalling, equitable mortgages and charges, enforcement, breach of warranty of authority, breach of fiduciary duty, and land registration issues including indemnities.
Cases and Work of Note
- SOCA-v-Szepietowski litigation 2009-13(Proceeds of crime, civil recovery orders, the equitable doctrine marshalling)
-  UKSC 65, Supreme Court
-  EWCA Civ 856, Court of Appeal
-  EWHC 2570, Henderson J
-  EWHC 1560, Times 26 August 2009, Henderson J
-  EWHC 344,  4 All ER 393, Henderson J
-  EWHC 655, Henderson J
- Taff-v-Highways Agency JPL 2010, 2, 264-8, Lands Tribunal (Compensation for compulsory purchase; waste management licences)
- Elizabeth Court (Bournemouth) Ltd-v-HMRC, 31 October 2007, Special Commissioner Dr N. Brice (Liability to pay Stamp Duty Land Tax where right of collective enfranchisement to purchase freehold exercised)
- Vowles-v-Aston, 15 March 2005, (Ch D, Patten J) (Landlord and tenant; rent review; jurisdiction of arbitrator)
- R (on the application of Ford t/a David Sayers)-v-Leasehold Valuation Tribunal  EWHC 503 (QBD, Admin, Collins J) (Judicial review of a decision of the Leasehold Valuation Tribunal in relation to a claim for collective enfranchisement under the 1993 Act)
- McAdam Homes Limited-v-Robinson  EWCA Civ 214,  1 P. & C.R. 30 (Extent of implied easements; redevelopment of land and change of use; excessive user)
- Nicholls-v-Highways Agency  2 EGLR 81 (Lands Tribunal) (Landlord and tenant; compulsory purchase)
- Secretary of State for the Environment Transport & the Regions-v-Baylis (Gloucester) Limited  80 P&CR 324;  2 EGLR 13 (Ch D, Kim Lewison QC) (Property litigation; highways)
For details of Kate’s extensive directory entries and recommendations, please click on Overview Profile.