Property


Real Property and Landlord and Tenant litigation form the bedrock of any modern commercial chancery chambers. New Square Chambers is able to offer its clients a wealth of experience and expertise in this core area of practice. We are acknowledged by the leading directories, as well as by our lay and professional clients, as being highly experienced in all areas of property litigation disputes, both commercial and residential. This means we regularly act for clients as diverse as large London landowning estates, local authorities, developers and private individuals.

At New Square Chambers we never lose sight of the fact that disputes do not always bend to easy categorisation. The real property and landlord and tenant disputes in which we become involved often flow out of other areas in which we have expertise; such as professional negligence disputes, insolvency or trusts claims. Our position as a leading commercial chancery set means that members of New Square Chambers are as comfortable dealing with cases with this added dimension as they are in dealing with more conventional property disputes, as our involvement in National Farmers Union Mutual Insurance Society Limited v HSBC Insurance (UK) Limited in the Commercial Court demonstrates.

Much of the work in which we are involved has a public law element and we are often to be found practising in the Administrative Court in property related cases.

 

Real Property

The expertise of members of Chambers extends across all forms of real property disputes, ranging from easement and boundary disputes through nuisance and trespass to mortgages and related fraud or negligence. Clients are drawn to New Square Chambers because we are experts in our subject, approachable in our attitude and commercial in our outlook. Clients often seek the benefit of our specialist advice and advocacy in the context of a variety of different legal challenges, whether they be disagreements about rights of way needed to enable development to take place or arguments between commercial lenders as to the priority of their charges. In recent years members of Chambers have been at the forefront of developments in the law relating to easements and proprietary estoppel appearing in the Court of Appeal in Dwyer v Westminster City Council, Oliver v Symons, Giles v Tarry and Bradbury v Taylor.

As is to be expected of a set with the pedigree of New Square Chambers our members also have considerable experience of non-contentious commercial and residential conveyancing and can provide technical advice in these areas to both professional and lay clients.

We include among our barristers a member of the Land Registration Rules Committee, who has helped shape modern land registration under the Land Registration Act 2002.

Landlord and Tenant

We enjoy a strong and well-justified reputation in all areas of landlord and tenant law. At every level of call New Square Chambers has the knowledge and experience to deliver the highest quality service to professional and lay clients across the whole range of commercial, residential and agricultural landlord and tenant disputes, including:

  • Dilapidations claims
  • Break Notices and
  • Landlord and Tenant Act 1954 renewals.

 

New Square Chambers’ reputation in this area of law has been forged in the field of leasehold enfranchisement. Acting for leading landowners, management companies and leaseholders, members of New Square Chambers have been instrumental in shaping this developing area of law over recent years, appearing in the leading case on deferment rates, Cadogan v Sportelli, as well as in Craftrule Ltd v 41-60 Albert Palace Mansions Ltd, Cadogan v Panagopoulos and Cadogan Square Properties Ltd v Cadogan. More recently the case of Free Grammar School of John Lyon v Helman saw us marry our detailed knowledge of enfranchisement law with our expertise in insolvency.

Our members advise and draft documents for a wide variety of leasehold transactions, including those involving unrealised development value. With the current emphasis on the resolution of disputes before expert tribunals, our members are as familiar with the practice and procedure of the Property Chamber of the First Tier Tribunal and with the jurisdiction of the Upper Tribunal as they are with the courts governed by the Civil Procedure Rules.

 

Public access to land

New Square Chambers has carved perhaps its strongest reputation for those involved in disputes concerning public access to land and particularly Town and Village Green cases and those involving highways law. Members of New Square Chambers have been at the forefront of the development of this area of law for many years and have appeared in many of the leading decisions of recent times. Our members appeared before the House of Lords in Oxfordshire County Council v Oxford City Council. More recently they have been instructed in the Supreme Court in Newhaven Town Council v Newhaven Port & Properties Ltd and R (Lewis) v Redcar and Cleveland Borough Council, in the Court of Appeal in Paddico (267) Limited v Kirklees Metropolitan Council and Powell v Secretary of State for the Environment, Food and Rural Affairs and in the High Court in Trail Riders Fellowship v Powys County Council and R (Ramblers Association) v Secretary of State for the Environment Food and Rural Affairs.

The range of work that we undertake in this area is reflected in the very different tribunals in which we appear. Whether it be a public inquiry, the Administrative Court or the Supreme Court members of New Square Chambers are well known for the technical and procedural knowledge that they bring to every case.


© New Square Chambers Ltd