Robert Pearce QC
| Silk 2006
| Call 1977
Experience and Expertise
Robert Pearce QC is regularly instructed in contentions property and landlord and tenant disputes. He also advises on and undertakes the drafting of documentation for property transactions. His areas of expertise include:
- Land registration and conveyancing
- Boundaries, easements and restrictive covenants
- Commons and town and village greens
- Commercial and residential landlord and tenant law
- Leasehold enfranchisement
Reported Cases of Note
- Bourke v Favre (High Court, 2015). Whether permission should be granted to make late amendments to statement of case.
- Faidi v Elliot Corporation (Court of Appeal,  HLR 27). Claim for breach of covenant and nuisance by flat lessee.
- Guignabaudet v Scott-Moncrieff (County Court and Court of Appeal, 2009). Whether the installation of a swimming pool in the garden of a ground floor flat required the lessor’s consent under the terms of a lease.
- Dorrington Belgravia Ltd v McGlashan (County Court,  08 EG 116). Whether the terms of a lease of a maisonette entitled the lessee to prohibit the development of the airspace above the maisonette.
- R (on the application of the Governors of Hockerill College) v Hertfordshire County Council (Administrative Court, 2008). Judicial review of a decision of a highway authority relating to the closure of a public right of way crossing the grounds of a school.
- Montrose Court Holdings Ltd v Shamash (County Court and Court of Appeal, 2006). Validity of parking regulations made by the freeholder of a block of flats; easements to park.
- Rysaffe Trustee Company (C.I) Ltd v Ataghan Ltd (High Court,  1 P & CR DG18). Mines and minerals; surrender of lease by operation of law; issue estoppel; acquisition of easements by implied grant and reservation.
- Luckies v Simmons (High Court,  2 P & CR 30). Stay of proceedings for breach of restrictive covenant to allow the party in breach to apply to the Lands Tribunal for the modification or discharge of the covenant.
- Rodway v Landy (High Court and Court of Appeal,  Ch 703). Trusts of Land and Appointment of Trustees Act 1996; power of the court to partition medical surgery premises, to allow the partners of a dissolved medical partnership to practise independently.
- Wells v Bournemouth Borough Council (Lands Tribunal, 2001). Compensation for compulsory purchase.
- Carl Paul Developments (Jersey) Ltd’s Application (Lands Tribunal,  RVR 13). Modification or discharge of restrictive covenants.
- Norwich Union Life Insurance Society v Low Profile Fashions Ltd (Court of Appeal (1991) 64 P & CR 187). Duty of care owed by a landlord to a tenant in connection with an application for consent to assignment.
- Essex plan v Broadminster (High Court, (1988) 56 P & CR 353). Whether a transaction created a lease or a licence.
- Property Discount Corporation Ltd v Lyon Group Ltd (Court of Appeal,  1 All ER 379). Priority of land charges.
Recent directory recommendations include:
- “Very personable, experienced and authoritative.” (Real Estate Litigation, Chambers UK, 2017)
- “He has fantastic technical knowledge and is very impressive in court.” (Property Litigation, Legal 500, 2016)
- “If there is a difficult issue of value, he is the person to go to.” (Property, Legal 500, 2014)
- “Solicitors describe him as offering ‘thoroughness in the extreme’ and marvel at his ‘utter control of a case and his vice-like grasp of the legal issues.’ He is much in demand.” (Real Property, Chambers UK, 2011)
- :“… Robert Pearce QC has also built a respected practice in the area of contentious real estate. Solicitors point to his ‘astute attention to detail and astonishing memory for facts’ as reasons to instruct him.” (Real Property, Chambers UK, 2010)
- :“Robert Pearce QC is ‘an effective advocate’.” (Property Litigation, Legal 500, 2009)
Contributing editor of the title “Real Property” in The Civil Court Practice published by LexisNexis.
“A Promise is a Promise: Central London Property Trust Ltd v High Trees House Ltd”; published in “Cases that Changed our Lives”, LexisNexis 2010.