expertise: commercial disputes management

Our large team of specialist property disputes lawyers works exclusively on contentious property matters and professional negligence cases involving property. The team is part of the firm's large property resource and its members spend some of their time working with lawyers in other parts of the firm in dispute avoidance and troubleshooting to avoid property related litigation.

The team acts in the resolution of property disputes through litigation, mediation and other forms of alternative dispute resolution, drawing on the experience and expertise of its lawyers, who are led by partner Martin Edwards. This enables work to be carried out by lawyers with the appropriate experience and expertise for the case in question.

Most (but not all) of the work undertaken by the team relates to commercial, as opposed to residential, property interests. Both landlord and tenant clients are represented and these include property developers and investors, public authorities, universities and colleges, landed estates and PLCs, as well as private companies and individuals.

The team is known for their energetic approach and commercial focus demonstrated by its lawyers and is praised in the 2007 edition of Chambers & Partners on their “commitment to service, effective organisation and quality advice” this team delivers. Martin Edwards has a national reputation for his expertise in heavyweight dilapidations cases in particular. He is also joint chair of the Property Litigation Association for the Midlands region.

The team's work and expertise encompasses the following:

• termination of leases, notices to quit, break notices

• forfeiture and relief from forfeiture

• lease renewals under the Landlord and Tenant Act 1954 (contested and uncontested)

• rent reviews (including arbitration)

• trespass, adverse possession, boundary disputes

• rights of way

• restrictive covenants

• dilapidations, liability for disrepair

• interpretation and enforcement of lease obligations (for example the team has specialist expertise regarding air conditioning disputes)

• service charge disputes

• nuisance

• rent recovery (including distress for rent)

• property related insolvency

• contested trust and probate claims

• disputes relating to contracts for the acquisition and disposal of property

• professional negligence concerning property

The latest edition of our regular update on recent legal developments in the property world, Property Brief, can be downloaded here.

In addition, our latest Planning & Environment Bulletin can be downloaded here.