Experience and Expertise
Tom has experience in a wide range of property and property-related matters, from 1954 Act renewals and proprietary estoppel claims to easements, dilapidations and leasehold enfranchisement claims. He also has experience in related areas of professional negligence.
Cases and Work of Note
Examples of recent cases include:
- Medved v Lilson Housing Ltd (1) and Mayer (2) (8th February 2012). This was a dispute about the effect of a sublease on the head landlord. In his judgment, HHJ Cowell observed: “this case might be called a property lawyer’s dream, or even nightmare, for it bristles with points of law”;
- S v S Two week trial (heard at Principal Registry of the Family Division) acting on behalf of two interveners in a dispute between a husband and wife over ownership of several properties. The facts involved a complicated history of promises and expenditure over several decades and arguments relating to proprietary estoppel as well as common intention constructive trusts;
- Nam v Price (REF/2010/0741) (a decision of the adjudicator to HM Land Registry) a right to park had not been destroyed as a result of the ownership of servient land transferring to a third party by means of adverse possession;
- providing advice to a commercial tenant, seeking to take advantage of a break clause, the day before vacant possession had to be given but repairs were yet to be completed;
acting for a partnership in an attempt by an ex-partner to obstruct the sale of a development site purchased just before the 2008 financial crisis. Case involves various interesting arguments about resulting and constructive trusts and a number of companies;
- representing director of company in dispute as to his liability under a personal guarantee and charge over his property in relation to a $3.5m letter of credit that his company had used to continue trading;
representing client in claim against solicitor for failing to accept offer to purchase freehold of property under the right of first refusal legislation.