Martin Hutchings QC

Property CV

Martin regularly appears in Court in all matters relating to commercial residential property. He has an outstanding record of success at all levels and is involved in numerous recession and credit crunch related litigations. His recent reported cases include:

• Terminal dilapidations, claim against tenant and sub-tenant over £5m damages (PGF II v Royal Sun Alliance and London & Edinburgh Insurance [2011])
  
  
• A Party Walls Act case regarding the circumstances in which security could be awarded against a building owner intending to carry our excavation work on his own land. (Kaye v Lawrence [2011])
  
  
• The right of an original covenantee to appear as an objector to a restrictive covenant modification application (Re Hutchinson's Application Lands Tribunal - [2010]).
  
  
• Loss of the right to rescind land purchase under standard conditions of sale (Alchemy Estates v Astor [2009] 1 WLR 236).
  
  
• Right to bring a claim for mortgage fraud against a company in administration (Funding Corpn v Lexi Holdings [2008] 2 BCLC 596).
  
  
• The effect of landlord's intention to refurbish on its terminal dilapidations claim (Ravengate v Horizon Housing [2008] 1 EGLR 135, Court of Appeal).
  
  
• Challenging an expert determination under a mining lease (Homepace v SITA [2008] 1 EGLR 14, Court of Appeal).
  
  
• The effect of a ‘nuisance and annoyance' restrictive covenant (Dennis v Davis [2009] 2 EGLR 255).
  
  
• Implied terms in land sale contracts (Chantry Estates v Anderson [2010])

Martin is currently acting in a substantial mortgage fraud case against Barclays Bank


Martin also has a number of high profile terminal dilapidation claims running - including relating to the intended Smithfield Market development, and, large office blocks in the City. He has also acted on the following:

• Claim in which Martin secured the specific performance of an agreement for lease against Somerfield, regarding a flagship store in Wembley (Sowcrest v Somerfield Stores Ltd [2010]).
• Acted for the Coal Authority on question of validity of s.17 notices served following a CVA entered into the Focus DIY stores chain (Coal Authority v AAH Builders' Suppliers Ltd [2010]).

Martin is also acting for Tata Steel, in relation to rent reviews at Port Talbot and Immingham docks.