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Harriet Holmes

Call: 2011   

+44 (0)20 7306 0102hholmes@wilberforce.co.uk

Property

Harriet is a property litigator. She joined Wilberforce Chambers in October 2017, having spent four years in practice at another ranked property set.

Harriet was recognised as an ‘up and coming junior’ for real estate litigation by Chambers & Partners after three years in practice, and has been recommended as “intellectually very able” and for providing “high quality and cost-effective advice”.  She is also noted for being “very good-humoured and enjoyable to work with”.

Her practice encompasses the whole of property litigation from commercial and residential landlord and tenant, and real property.  She deals with matters on her own, or as part of a counsel team.  Her experience includes (in no particular order):

  • Commercial and residential landlord and tenant, including ’54 Act renewals and rent review
  • Contracts of sale, options and rights of pre-emption
  • Development contracts, overage and construction disputes
  • Joint ventures
  • Easements, restrictive covenants and boundary disputes
  • Adverse possession
  • Land registration and conveyancing
  • Mortgages, charges and other securities, including matters involving LPA receivers
  • Property -related torts: nuisance, trespass
  • Property-related insolvency
  • Rights to light
  • Trusts of land, proprietary estoppel and co-ownership

Her current work and recent experience includes:

Commercial landlord and tenant

  • Acting for the claimant in a dispute about the one of the largest flat roofs of a commercial warehouse in Europe (led by Mark Wonnacott QC in the TCC)
  • Acting for the landlord in a rent review arbitration, with parallel court proceedings for claims for rent, service charge and other sums
  • Acting for the local authority tenant of commercial warehousing in a rent review arbitration and parallel court proceedings (led by Mark Wonnacott QC)
  • Acting for institutional landlord in a claim for forfeiture of a lease of commercial premises for unlawful sub-letting and nuisance
  • Acting for the landlord in a claim for forfeiture of a dilapidated clubhouse / country mansion
  • Regularly advising on the operation of break clauses
  • Regularly advising and appearing in court in ’54 Act renewals, service charge disputes, forfeiture actions and dilapidation matters

Development

  • Acting for the defendant to a claim for damages of £136million odd for alleged breaches of conditional option agreements (led by Mark Wonnacott QC).
  • Acting for the defendant to a claim for £11 million damages for alleged unlawful termination of a conditional development agreement (and for damages for misfeasance in a public office) (led by Mark Wonnacott QC)
  • Acting for the defendant supermarket in a claim for several £million for damages for alleged unlawful termination of a conditional development agreement (led by Mark Wonnacott QC).
  • GAIA Investments Ltd v. Abbeygate Helical Ltd [2018] EWHC 118 (Ch) (overage: reasonable endeavours, conditional contracts) – acting for the successful claimant in this claim for a £1.4million overage payment (led by Mark Wonnacott QC).
  • Bodker v. Hill (2015 – 2017, Chancery Division) – a dispute concerning an alleged joint venture agreement to develop out a property in Notting Hill (led by Mark Wonnacott QC). Settled just before trial.
  • Acting for an NHS trust in relation to an overage claim.

Real property (incl. party walls)

  • Acting for right holder in claim to damages for interference with right to light acquired by lost modern grant (for a property in Central London)
  • Advised in own right and as junior counsel in relation to existence of rights of light and settlement strategy
  • Masters & Ors v. 6 Bolton Road Ltd (2016, CLCC) (party walls) – acted for the successful appellants in this 2-day party wall appeal before HHJ Bailey
  • Regularly advised and acted in possession claims involving trespass, including for Homebase against some squatters looking for somewhere to have a New Years’ Eve party
  • Regularly advised on and acted in matters concerning existence of and interference with easements
  • Acted for objector to registration of title of unregistered land / claim to adverse possession of unregistered land (matter settled at mediation)
  • Regularly advised on enforceability and construction of a restrictive covenants
  • Chliaifchtein v. Wainbridge Estates Belgravia Ltd [2015] EWHC 47 (TCC) (nuisance, party walls) – represented the Claimant at an interlocutory hearing and was, otherwise, junior counsel in this property damage and party wall dispute
  • Nata Lee Ltd v. Abid [2014] EWCA Civ 1652; [2015] 2 P&CR 3 (adverse possession, boundaries) – acted as junior counsel on the appeal for the respondents

Mortgages

  • Acting for a bank in a claim to sub-subrogation in the High Court, Chancery Division.
  • Advised institutional lender on strategy for appointing receivers and obtaining possession of mortgaged property
  • Acted in mortgagee and LPA receiver possession actions

Residential landlord and tenant

  • Christie v. The Wellcome Trust Ltd (2016, FTT) (service charges) – acted for the successful respondent landlord in a 3-day service charge dispute concerning the South Kensington Estate
  • Avgarski v. Alphabet Square Management Company Ltd [2016] UKUT 367 (LC) – represented (pro bono) the successful appellants in the FTT (where they won in part) and before the Upper Tribunal in the successful appeal
  • Advised on and acted for landlord and tenant in new lease and collective enfranchisement claims under the LHRUDA 1993
  • Advising tenant in relation to prospective LRA 1967 Act claim