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Joanne Wicks QC

Call: 1990    QC: 2010

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

Property

Joanne is recommended as a Leading Silk for property/real estate litigation in the major legal directories. Who’s Who Legal UK Bar 2017 rates her as one of the five most highly-regarded silks in this field and says that its sources were “particularly impressed with her ability to deliver ‘clear and cogent advice’ and “‘cut right to the heart of the issues at stake’”. Chambers & Partners 2018 describes Joanne as “extremely knowledgeable, very bright, client-friendly and responsive”.

Joanne’s practice encompasses all aspects of property law. She acts in disputes resolved through litigation, arbitration and expert determination and also advises transactional lawyers on title issues and the drafting of property contracts. Joanne takes instructions from surveyors and other professionals eligible to instruct the Bar directly.

Her property practice includes:

  • Representing the tenant in S Franses Ltd v The Cavendish Hotel (London) Ltd [2017] L & TR 34, a case which has property lawyers and the market very excited, since it raises the issue whether a landlord can oust its protected business tenant under the Landlord and Tenant Act 1954 by putting together an artificial scheme of works with no commercial purpose beyond getting the tenant out. Joanne persuaded Jay J to grant a certificate for a leapfrog appeal to the Supreme Court on this issue.
  • Appearing for the prospective purchaser of an office block in Luton, which recovered its deposit and damages following fraudulent misrepresentations by the seller (Greenridge Luton One Ltd v Kempton Investments Ltd [2016] EWHC 91)
  • Appearing for a developer seeking to establish that a covenant imposed to secure overage was not binding upon it (Bryant Homes Southern Ltd v Stein Management Ltd [2017] P & CR 6)Acting for Joseph, the fashion retailer, in a claim against Stella McCartney Ltd under the Landlord and Tenant Act 1954 in relation to a shop in Old Bond Street
  • Acting for a right to manage company on an appeal by a landlord to the Court of Appeal contesting its acquisition of the right to manage under the Commonhold and Leasehold Reform Act 2002 (Miltonland v Platinum House (Harrow) RTM Co Ltd)
  • Representing a supermarket chain in a dispute as to whether a contract to acquire a site was properly terminated because the planning permission was not ‘satisfactory’ (Norcros Estates Ltd v Optimisation Developments Ltd & WM Morrison Supermarkets Plc)
  • Advising the developer of a very substantial London site on the impact of a scheme of restrictive covenants affecting part of it
  • Obtaining injunctions against developers which, having failed in their attempts to purchase neighbouring land, decided to annex it for the purposes of their development anyway (Charlie Properties Ltd v Risetall Ltd)
  • Acting for a tenant facing a claim for indemnity costs following settlement of a large-scale dilapidations claim (Courtwell Properties Ltd v Greencore PF (UK) Ltd [2014] EWHC 184)