Real Estate Litigation: No bull, no china shop.

At a glance

Nobody wants to get involved in litigation. It’s not just the expense; it also diverts management time from day-to-day business. But sometimes disputes and disagreements are unavoidable. So when they do occur, we do not rush off to the courts like a bull into a china shop. But rather, we carefully consider the risks and rewards, within your timescales and budgets, and then pursue assertively to maximise the prospect of reaching the right decision for you or your business. Not all disputes need to go to court. If we can, and if appropriate for your business and situation, we will help you to avoid that. We are tenacious litigators. But also experienced negotiators and sensitive to your wider commercial needs. It is, after all, your business decisions that drive a piece of litigation. Not the other way around.

"We receive very speedy responses and the individuals dealing with our business make us aware of potential problems that are not necessarily apparent when we agree terms. The senior lawyers are extremely competent. They also act very speedily."

Legal 500, 2023

In detail

Our real estate litigation team deals with many diverse matters. Typically, they include development disputes; landlord and tenant issues including lease renewals (opposed and unopposed), overdue rents and service charges, breaches of covenant, and dilapidations; recovery of possession; rights of way, rights to light, party wall and other land disputes; valuation and construction disputes; property fraud; and professional negligence.

Our real estate litigation service isn’t only available to Memery Crystal property clients. We work on many commercial, residential and mixed-use buildings within our clients’ property portfolios with, at the risk of being immodest, a record of significant success. That’s why we’re engaged not only by large property PLC’s, retailers, developers and high net worth individuals, but also by small to medium sized freeholders, landlords and tenants. They all expect – and receive – results and value for money. Without unwanted or unwarranted drama.

We are experienced in mediation and arbitration and engage in other forms of alternative dispute resolution. Our wide range of expertise is recognised by both Chambers UK and The Legal 500 UK.

Recent matters

Matters

Advising long-standing client Freshwater Group of Companies on a wide range of property disputes across their substantial commercial and residential portfolio.

Advising St. Modwen Properties on a range of day-to-day estate management matters.

Advising retailers Steinhoff on a range of disputes across its large UK property portfolio.

Advising Wyevale Garden Centres in recovering unpaid rent and service charges from subtenants, licences and other occupiers.

Advising developers Ridgewood in a multi-million pound claim for breach of multi option agreements for the development of petrol filling stations at various locations around the UK.

Advising a high net worth individual against contract administrators and subcontractors in relation to the poor quality of works and loss caused by delay during a development of their Central London property.

Advising a national shopping centre operator in recovering rent and service charge arrears from tenants, including commencing and progressing insolvency proceedings where required.

Wood v Waddington [2015] EWCA Civ 538 – obtained a successful judgment in the Court of Appeal acting for Mr & Mrs Wood, the appellants in a case involving a number of rights of way issues over a neighbour’s land.

Accolades

  • Legal 500 2024
  • Legal 500 UK 2023 Leading Firm

What we're thinking...

taxonomy="practice" taxonomy_terms="real-estate-litigation" taxonomy_operator="IN"

What to do next

Contact our expert

Richard EvansPartner, Head of Real Estate Litigation

Contact Richard