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James has a very busy property practice, and is regularly instructed to act in property litigation and to advise in respect of non-contentious property matters.
Recent matters include:
- Acting (on every occasion successfully) as sole counsel in a number of disputes concerning disputed service charges (and dispensation from consultation requirements) before the County Court and the First Tier Tribunal.
- Acting as sole counsel in adverse possession proceedings raising questions of use pursuant to an easement, extent of use and consent (trial forthcoming).
- Acting as sole counsel for the successful sub-tenants in an application for a vesting order pursuant to sections 1017-1018 of the Companies Act 2006 in the highly unusual circumstances where a lease which had gone bona vacantia but was disclaimed by the Crown.
- Acting (with Julian Greenhill) in a wide-ranging dispute involving the application of the Access to Neighbouring Land Act and the Party Wall Act in the context of a major housing development.
- Acting (as part of a large team, including Julian Greenhill and James McCreath) for the sewerage undertaker (United Utilities) in the long-running dispute over the lawfulness of discharges of water and treated effluent into the Manchester Ship Canal.
- Acting (led by Joanne Wicks QC) for a supermarket chain in a dispute over whether an agreement was lawfully terminated in circumstances where a satisfactory planning permission had not been obtained.
- Assisting Jonathan Davey QC in relation to Phillips v Francis, the leading case on when consultation requirements under section 20 of the LTA 1985 are triggered.
- Acting in numerous possession claims against trespassers, including the eviction of the protestors occupying the historic Elephant & Castle pub (http://www.standard.co.uk/news/london/squatters-led-away-in-their-underwear-after-occupying-elephant-and-castle-pub-in-foxtons-protest-10409357.html)
- Advising in relation to a variety of property matters, including forfeiture of leases, disputed service charges, invalid notices to complete and the subsequent recovery of deposits, the operation of the Right to Manage legislation, and renewal of business tenancies under the 1954 Act.