Property litigation in West Midlands

Eversheds Sutherland (International) LLP

With a roster of blue-chip corporate clients, Eversheds Sutherland (International) LLP is active in property disputes spanning a number of key sectors, including retail, leisure, energy, utilities and education, in matters concerning both commercial and residential development. The sizeable team based in Birmingham is led by solicitor advocate David Feist, who is regarded for his broad experience across property disputes, with a focus on energy, investment and city centre regeneration. Alongside Feist is Lisa Barge, head of the firm’s national real estate disputes team, who is recognised for her expertise in areas including lease renewals, dilapidations, consent applications and restrictive covenant disputes. Other key names to note in the team include Rob Holloway, who regularly undertakes contentious property and portfolio management work, with particular emphasis on tenant insolvencies, and principal associate Arren Thornton, who has specialist experience in the utilities sector. Paul Moorcroft has recently undertaken an active consultant role, supporting the team with his wide-ranging experience. Charlotte De Silva left to join Mills & Reeve LLP in June 2023.

Responsables de la pratique:

David Feist


Autres avocats clés:

Lisa Barge; Rob Holloway; Arren Thornton; Paul Moorcroft


Les références

‘The team is extremely well led by Lisa Barge who is supported by a strong established team with a good depth of knowledge which helps lead to practical commercial solutions.’

‘Great sector knowledge, experienced and good to deal with.’

‘Lisa Barge has a great breadth & depth of knowledge that she applies to deliver practical commercial solutions to a range of problems, and she is always keen to take on the next challenge.’

Principaux clients

Hammerson


Landsec


Facebook


Mitchells & Butlers


Next


Wolseley


HSBC


Taylor Wimpey


Gowling WLG

Praised by clients for its 'top work and stellar reputation', Gowling WLG's property litigation team routinely works with a range of public and private sector clients - from national housebuilders to local authorities - on cases taken before the various courts, including the Court of Appeal and the Supreme Court. The Birmingham team is headed up by Paul Barker, a retail, investment, and leisure property specialist 'with deep experience, real tactical insight and a brilliant client manner.' London-based Clive Chalkley is noted for his track record in high-stakes litigation, while Rob Bridgman - 'a really good lawyer and a safe pair of hands’ - is key to the team's housebuilder-focused offering. David Wigy and Caroline Wort are also recommended.

 

Responsables de la pratique:

Clive Chalkley; Paul Barker


Autres avocats clés:

Rob Bridgman; David Wigy; Caroline Wort


Les références

‘They handle all aspects of property litigation work at the highest level. Great personal relationships and client care.’

‘Paul Barker is absolutely excellent. A great lawyer, with deep experience, real tactical insight and a brilliant client manner.’

‘Rob Bridgman is a really good lawyer and a safe pair of hands.’

Principaux clients

NFU Mutual Insurance Society


Persimmon Homes


Royal London


Zurich/Columbia Threadneedle Investments


Bloor Homes Limited


Schroder UK Property Fund and Schroder Retail Property Unit Trust


Mucklow


Cornerstone Telecommunications Infrastructure Limited


Transport for London


Entain Group (which includes Ladbrokes and Coral)


Cellnex/On Tower UK Limited


Landsec


LaSalle Investment Management


London Borough of Barnet


Principaux dossiers


  • Advising NFU Mutual in relation to a buyer’s default under a contract for the sale of a portfolio of properties for consideration of £234m.
  • Acting for Cornerstone Telecommunications Infrastructure Limited on various contentious issues relating to the roll-out of 5G technology, including the Supreme Court cases of Cornerstone v Ashloch and Cornerstone v Compton Beauchamp which were handed down in July 2022.
  • Continuing to advise institutional investors and funds including NFU Mutual, Royal London, LaSalle Investment Management, NILGOSC, HSBC Pension Trust, M&G, and USS in relation to all aspects of asset management in connection with their portfolios.

Pinsent Masons LLP

Led by Alicia Foo, Pinsent Masons LLP is highly regarded for its knowledge of the telecoms sector, acting for a number of major telecoms infrastructure players, as well as its specialised rights of light, regeneration, energy and infrastructure disputes capabilities, working collaboratively with the firm’s national network of offices. Foo has a range of sector experience and is distinguished for her expertise in electronic communication code issues. Sarah Campey is recognised for her right to light disputes work as well as issues stemming from residential regeneration schemes, while Craig Downhill is noted for his experience in insolvency, agriculture and development restraints. Associates Ian Morgan and Pierre Smith are also key members of the team, particularly in respect of electronic communications.

Responsables de la pratique:

Alicia Foo


Autres avocats clés:

Sarah Campey; Craig Downhill; Ian Morgan; Pierre Smith


Les références

‘Strength in depth. No weak links in the team. Vast amount of trial and appellate experience and several CA appeals too. Preeminent in telecoms sector but that should not mask their expertise in all aspects of real property.’

‘Alicia Foo – master of all she surveys. The Telecoms Guru. Unparallelled in the industry. But also has a vast experience of all real estate litigation. No one I would rather have in our corner.’

‘Blue chip clients. Every set of instructions from them is top notch and they provide a rolls Royce service.’

Principaux clients

On Tower UK Limited


Transport for London


Native Land


City of Westminster


London Borough of Wandsworth


London Borough of Brent


London Borough of Croydon


Begbies Traynor LLP


Coventry City Council


J D Wetherspoon Plc


Principaux dossiers


  • Continuing to act for On Tower UK at the forefront of litigation under the Electronic Communications Code.
  • Continuing to act for Native Land on all rights of light aspects of the Bankside Yards development, a central London development.
  • Advising TFL in relation to the Silvertown Tunnel, involving large-scale recovery of vacant possession including obtaining possession by enforcement under the Development Consent Orders.

Shoosmiths LLP

The ‘well-resourced team’ at Shoosmiths LLP is praised by clients for its ‘technical knowledge’. The group acts for both corporate occupiers and investor landlords in the gamut of property litigation matters, including asset management, property protection, Covid-19 arbitrations and High Court appearances. The Midlands team is led by Kate McCall, who is recognised for her investment and development expertise, alongside her more niche work in protestor injunctions, particularly in the energy sector. Nicholas Shepherd heads the firm’s national real estate litigation team, and Paul Knight is a respected member of the team with over three decades of experience. Elinor Sandbach is noted for her landlord and tenant disputes work, with a particular focus on retail and agriculture, while principal associate, Richard Willcox, based in Milton Keynes, is regarded for his expertise in the telecoms sector. All named lawyers are based in Birmingham unless otherwise noted.

Responsables de la pratique:

Kate McCall


Autres avocats clés:

Nicholas Shepherd; Elinor Sandbach; Richard Willcox; Paul Knight; Kevin Burns; Michael Bennett


Les références

‘A heavvyweight team of expert property litigators. Able to go toe to toe with any other firm in the country.’

‘Kate McCall is simply outstanding. Dedicated, shrewd and at the top her game. Clear, decisive and able to make the tough calls on any piece of litigation. She never puts a foot wrong.’

‘Well resourced team, great level of technical knowledge, excellent knowledge of protest injunctions in particular and contempt proceedings.’

Principaux clients

Poundland


GXO Logistics


McArthurglen Group


McArthurglen UK Retail Limited


Regional REIT plc


Telefonica


O2


Next


Northwood Investors


INGKA Centres (Ikea)


Brunswick Property Partners Limited


One Stop Stores


Topps Tiles


Mountain Warehouse


British Car Auctions


Safestore Properties Limited


TFG (Whistles, Phase Eight, Hobbs)


Krispy Kreme


Calthorpe Estates


Crown Paints Limited


Equation Properties Limited


Nurton Developments Limited


Akoya London


ADAPT Real Estate


Third Space Gyms


Persimmon Plc


Pizza Hut (UK) Limited


Central Midlands Co-op


Birmingham Property Group


SpaMedica


Principaux dossiers


  • Bringing the long-running dispute between the Fragrance Store and a consortium of investor landlords to a favourable conclusion for the clients, the consortium.
  • Continuing to act for Poundland on all aspects of its UK property portfolio, including progressing 211 matters, ranging from multimillion-pound contested lease renewals through to rent disputes and consent issues.

Anthony Collins Solicitors LLP

Anthony Collins Solicitors LLP is noted for its expertise advising a range of local authorities, charities and registered providers on a combination of residential and commercial property disputes. The practice is co-led by Helen Tucker and Philip Scully, specialising in housing litigation and commercial property litigation, respectively. Baljit Basra, former joint leader of the housing litigation team, left the firm. The team works closely with the firm's highly regarded housing management group, led by Jonathan Cox and Emma Hardman, who frequently advise on leasehold litigation in the property chamber of the First Tier Tribunal.

Responsables de la pratique:

Helen Tucker; Phil Scully; Jonathan Cox; Emma Hardman


Les références

‘Knowledgeable, pragmatic and responsive.’

‘Huge wealth of knowledge – they know social housing inside-out.’

‘The advice obtained was clear, thorough and honest, which was appreciated.’

Principaux clients

Birmingham City Council


Dudley MBC


The Riverside Group


The Baptist Union Corporation


Aspire Housing Limited


Platform Housing Ltd


Citizen Housing Group


Curo Places Limited


Livv Housing Group


London & Quadrant Housing Trust


Aspire Housing Limited


Scarborough Borough Council


Principaux dossiers


  • Continuing to act for Birmingham City Council in connection with the £1.9bn redevelopment of its market site, specifically to implement strategy for managing the renewal, and subsequent termination, of multiple leases.
  • Acted for Pioneer Housing Group against the housing association landlord’s tenant, agreeing a suspended possession order (SPO), applying for permission to enforce it following breaches, and successfully receiving the SPO after the claim was defended.

Browne Jacobson LLP

Browne Jacobson LLP is noted in particular for its experience in the retail sector, but advises a wide selection of well-known corporates, as well as an increasing number of public sector clients on matters including landlord and tenant disputes, both commercial and residential, rights of way, covenants and adverse possession. Other sectors of expertise include health and education. Experienced practitioner James Coles leads the practice, splitting his time between Birmingham and Nottingham. In Birmingham, senior associates Hannah Carter and Katie Briggs bring deep property disputes experience to the team, particularly relating to landlord and tenant matters.

Responsables de la pratique:

James Coles


Autres avocats clés:

Hannah Carter; Katie Briggs; Emma Stafford


Les références

‘The litigation team is readily available and responsive. They have a very organised system, so timing is so far never an issue with any real estate/property time sensitive matters.’

‘Katie Briggs and Emma Stafford have been extremely supportive of our business and have understood our values and culture from a very early stage. These two professionals are excellent at briefing each other, so there is always one available to respond to a client’s queries.’

Principaux clients

Canal & River Trust


Deliveroo SP Ltd


Avon Capital Estates


Highpeak Borough Council


Havering Council


Benchmark Drinks Ltd


Vision Express Ltd


Walgreens Boots Alliance


DPD Group UK Limited


Pure Gym Limited


AGCO Limited


Scrivens Limited


Aggregate Industries UK Limited


Select Service Partner (UK) Limited


Paperchase Products Limited


Shakespeare Martineau LLP

Shakespeare Martineau LLP continues to develop its roster of major clients across sectors including education, retail, energy and telecoms, and has experience in an array of property disputes in the High Court and County Court as well as arbitration and increasingly, before property tribunals. Practice head Martin Edwards advises clients on the full spectrum of property disputes, receiving repeat instructions from significant clients such as National Grid, among others. James Fownes is another key name in the practice, and focuses on commercial landlord and tenant disputes, as well as adverse possession, rectification and Land Registry matters. Justine Ball also adds strength to the team through her expertise advising landowners on the termination and renewal of telecoms leases. Associate Pia Eames plays an active role supporting the team.

Responsables de la pratique:

Martin Edwards


Autres avocats clés:

James Fownes; Justine Ball; Pia Eames


Les références

‘James Fownes is clearly expert in his field.’

‘I have found Shakespeare Martineau to be a reliable firm who provide good advice within the lease advisory and property field. I have collaborated with them on a number of occasions and find the people and the firm to be very professional, well informed and able to provide a balanced view.’

‘The standout people I work with are Martin Edwards, James Fownes and Pia Eames. I find that Shakespeare Martineau are more aware of providing clear advice and accurate risk, enabling me and the client to take an informed decision leading to successful conclusions.’

Principaux clients

National Grid Plc


Impellam Group Plc


Workspace Group Plc


Orbit Group


Vision Express (UK) Limited (VE)


Midlands Land Portfolio Limited


Severn Trent Water


Workspace 12 Limited


British Pregnancy Advisory Service (BPAS)


Staffordshire University


Anglian Water


Principaux dossiers


  • Acting for Sciensus in pursuing a claim against its landlord in the High Court for specific performance of its repairing obligations.
  • Advising International Student Housing on defending its position against the Crown Estate, as landlord, which is seeking to forfeit the long lease of the premises for alleged breaches relating to the student bar on site.
  • Acting for Orbit in defending a court claim for an injunction to restrain an alleged trespass to a tenant as a result of Orbit’s major development works.

Bevan Brittan LLP

Specialising in the public sector, Bevan Brittan LLP regularly advises healthcare clients and local authorities, working closely with government bodies, particularly the NHS, in a range of property disputes. The firm is also expanding its private sector practice. The cross-office team is led by Steven Eccles, based in Bristol, working closely with Mark Robertson, who heads the Midland’s practice in Birmingham. Robertson has extensive experience in development disputes, with an emphasis on rights of light and property-related TMT disputes.


Responsables de la pratique:

Mark Robertson


Autres avocats clés:

Steven Eccles


Les références

‘Sound legal advice based on a real understanding of business needs.’

‘This is an agile and responsive team that has been able to advise on a wide range of issues with a clear understanding of my organisations’ business and objectives.’

‘Mark Robertson consistently provides pragmatic and user-friendly advice to me and my team. He is proactive and gives very clear advice which is very reassuring when straying into potentially litigious areas.’

Principaux clients

Canal & River Trust


University of Oxford


Rentokil Initial Plc


NHS Property Services Limited


Intel Corporation (UK) Limited


Barts Health NHS Trust


Royal Free London NHS Foundation Trust


London Borough of Hounslow


Imperial College Healthcare NHS Trust


Kent County Council


Johnson Matthey plc


Royal Borough of Greenwich


Sanctuary Group


Places for People Group


London Borough of Bromley


West London NHS Trust


East Suffolk and North Essex NHS Foundation Trust


MFG Solicitors LLP

Kirsten Bridgewater, based in Worcester, leads the property litigation team at MFG Solicitors LLP, and is well respected for her rural property disputes practice, working alongside Helen Gough, who specialises in agricultural tenancy matters. Former head of the firm’s civil litigation department, Harjie Singh Bindra, based in Bromsgrove, has developed extensive expertise in land ownership disputes including trespass, nuisance and party rights over land. Also based in Bromsgrove is associate Stephanie Rushfirth, who regularly advises on both commercial and residential property disputes, particularly those involving leaseholds.

Responsables de la pratique:

Kirsten Bridgewater


Autres avocats clés:

Harjie Singh Bindra; Helen Gough; Stephanie Rushfirth; Jessica Moore


Les références

‘The service they provide is very professional and they make it easy as a client to put your trust in them. Always at hand when you need advice. This is so important especially as it has been a very stressful time. Always happy to listen and not making you feel as though you are taking up too much of their time.’

‘Kirsten Bridgewater is fantastic. I can honestly say that throughout this whole process she has been amazing.’

‘The team are fairly diverse meaning that you have different styles and approach, which can lead to a better overall outcome for the client experience.’

Principaux dossiers


  • Acting for a private client in a dispute with neighbouring landowners concerning an application to claim adverse possession by the neighbouring landowners over the client’s land.

Mills & Reeve LLP

Mills & Reeve LLP is best known for its familiarity with landlord and tenant disputes, land disputes and subsequent remedies, and contentious residential matters, with specific experience in the TMT, education and healthcare sectors. This expertise makes it a popular choice among investors, developers, landowners, education institutions and healthcare providers. The team is led by principal associate Henry Mahalski, who concentrates on commercial contentious property matters. Associate Laura Woodward is another key name in the Birmingham office, particularly for her experience in the commercial and education sectors. The team works closely with the firm’s Manchester office. Charlotte De Silva joined from Eversheds Sutherland (International) LLP in June 2023.

Responsables de la pratique:

Henry Mahalski


Autres avocats clés:

Laura Woodward; Charlotte De Silva


Squire Patton Boggs

With its continued focus on real estate and telecoms law, Squire Patton Boggs is recognised as a key advisor to a range of TMT clients as well as major landowners and landlords. The firm frequently acts on matters relating to landlord and tenant disputes, nuisance, possession, dilapidations and insolvency-related issues, among others. In particular, the team acted on the first Covid rent arrears arbitration case. The Birmingham team is led by Michelle Adams, who brings strong expertise in telecoms.

Responsables de la pratique:

Michelle Adams


Autres avocats clés:

Mobeen Amin; Stephanie Hadley; Holly Lindley


Les références

‘Apart from their excellent knowledge and depth within the team, the main thing that makes Squire Patton Boggs stand out is that they really know and understand the Client.’

‘It is all about knowing and understanding the Client, this is shown throughout the team and everyone who I have worked with in the firm, they all provide excellent advice and any request is picked up swiftly. The whole team understand the work we are doing and look at us all as one team.’

‘They are quick to respond and seek assistance from colleagues or other teams where appropriate. There is a real sense of a collegiate working environment, which ultimately benefits the client.’

Principaux clients

Signet Group Limited


Cancer Research UK


Cellnex Telecoms/On Tower UK Ltd


Molson Coors Holdings Limited


Claire’s Accessories UK Limited


Rexel UK Limited


CEVA Logistics Limited


Taylor Wimpey


Selfridges/Duke Street Property


Salutem Shared Services


Appian Europe Limited


Medilink West Midlands Limited


Cambridge & Counties Bank Limited


Principaux dossiers


  • Advised Signet Group on the first arbitration case of its kind in respect of its head office rent arrears from Covid.
  • Advising Molson Coors on all aspects of the relocation of its head office, including removal of any existing interests at the proposed site.
  • Advising On Tower UK on implications of the 2017 Electronic Communications Code and strategy (negotiation and drafting) of Code agreements.

Band Hatton Button LLP

Under the leadership of experienced litigator John French, Band Hatton Button LLP, based in Coventry, frequently advises on commercial landlord and tenant disputes, easements and restrictive covenants, as well as insolvency-based property matters. The firm is also familiar with residential possession claims. Senior associate Raman Dhillon is noted for her handling of forfeitures and dilapidations. Meanwhile, practice head French concentrates on neighbour and boundary disputes, including party wall issues and residential possessions.

Responsables de la pratique:

John French


Autres avocats clés:

Malcolm Thomas; Raman Dhillon; Katie Stanton


Les références

‘Attentive to their client’s needs and commercially focused.’

Principaux dossiers


  • Successfully challenged the validity of a tenant’s break notice and secured judgment for £263,000.
  • Continuing to act for a High Street Bank in relation to its property portfolio, including dilapidations, exercising break options and lease renewal procedures.
  • Regularly acting for various private investment landlords in forfeiture proceedings, successfully opposing an injunction application for relief from forfeiture, opposed and unopposed lease renewals and dilapidations claims.

Irwin Mitchell

Led by seasoned property litigator Tim Rayner, Irwin Mitchell has developed its Birmingham base and is regularly engaged on a number of commercial and residential disputes. The firm advises a diverse client roster, which includes commercial property investors, developers and corporate occupiers, across the TMT, investment, retail, development and asset management sectors. Alison Willis is a senior associate who recently joined the firm from Freeths LLP and who specialises in landlord and tenant law, particularly for commercial tenants and in matters relating to Covid rent arrears.

Responsables de la pratique:

Tim Rayner


Autres avocats clés:

Alison Willis; Sana Ikhlaq


Les références

‘Extremely thorough and give balanced advice. Always available and quick to respond. Very professional, whilst taking a commercial and legal view on matters.’

‘Available and quick to respond. Good advice and willing to listen to alternative ideas and discuss pros and cons to different scenarios and ideas.’

‘Commercially minded and have shown a strong desire to understand our business and work practices. Tim Rayner and Sana Ikhlaq demonstrate this when ever we require litigation advice.’

Principaux clients

Real Estate Investors PLC


BPG


Kout Capital


Calthorpe Estates


Persimmon Homes


Godwin


Principaux dossiers


  • Acting for an international leisure operator on various issues, most notably in relation to an opposed renewal of one of its leases where the landlord is opposing on the basis of ground (f) of section 30(1) of the Landlord and Tenant Act 1954.

Sydney Mitchell LLP

With broad experience, Sydney Mitchell LLP regularly advises private landlords, tenants, surveyors, lenders and private individuals on a variety of property-related litigation. The practice is led by Leanne Schneider-Rose, who has extensive experience in contentious insolvency proceedings. In significant developments, Sundeep Bilkhu left the firm, and Ian Sheppard joined.


Responsables de la pratique:

Leanne Schneider-Rose


Autres avocats clés:

Ian Sheppard


Les références

‘The team work very well together, they are quick to respond to any query I have and are happy to explain their advice further if I don’t fully understand everything. The knowledge that the solicitors at Sydney Mitchell have is second to none.’

‘Leanne Schneider-Rose deals with all of my queries in a timely and professional manner. She is thorough, informative and knowledgeable and is at the top of her field. Leanne’s ability to see any potential risk and shield her clients from it is unmatched in the industry.

‘I highly recommend Leanne, her professional service and support sets her apart from other solicitors.’

Principaux dossiers


  • Instructed by a client who had received an equitable registrable interest in a property in her deceased ex-husband’s name which was removed as a result of fraud.
  • Instructed by a defendant to respond to a claim by the claimant pursuant to the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale and a declaration as to their beneficial interests in a property which has since been sold.
  • Instructed by the owner and landlord of two properties for which there was an oral tenancy agreement in place with a management company, the original of which went into Administration without the client’s knowledge.

The Wilkes Partnership

The Wilkes Partnership's property litigation team works closely with the real estate department, litigating a range of cases before both courts and property tribunals, handling ownership disputes, commercial landlord and tenant disputes, restrictive covenants and tenant insolvency claims. Kevin Lynch leads the team, drawing on extensive experience, most recently in cases regarding commercial and residential tenancies, restrictive covenants, easements and community rights under the Localism Act 2011. Senior associate Harriet Critchley is another key contact in the team.

Responsables de la pratique:

Kevin Lynch


Autres avocats clés:

Harriet Critchley; Aimee Redican


Les références

‘A local firm which offers a nationwide service and with a wide ranging department list.’

‘Kevin Lynch gives unmatched personal commitment to his cases and his team. Aimee Redican is one to watch, with excellent client skills.’

‘A smaller outfit than some in Birmingham, but a match for some of the biggest regional players.’