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Martin Hutchings QC

Call: 1986    QC: 2011

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

Property

Martin regularly appears in court in all matters relating to commercial and residential property.  He has an outstanding record of success at all levels and is recommended as a leading silk for property matters in all leading directories.  In 2014 he was named as ‘Real Estate Silk of the Year’ at the Bar Awards.

His expertise includes the following property-related matters:

  • Commercial leases –dilapidations; break clauses; renewal, rent review; tenant insolvency.
  • Development contracts – overage disputes; construction, drafting; registration; highways.
  • Contracts of sale – specific performance; rescission, fraud, injunctions and other interim remedies.
  • Arbitration/Expert Determination – challenges, injunctions.
  • Joint ventures – negligent drafting, enforceability, damages for breach.
  • Easements – rights of light, rights of way, drainage rights.
  • Restrictive covenants – modification, construction, enforceability.
  • Land registration – mortgages, fraud, adjudication claims.
  • Nuisance – noise and odours, animals, neighbour disputes.
  • Trusts of land and Proprietary Estoppel – claims to beneficial interests.
  • Party Walls – challenges, statutory interpretation, appeals.
  • Compulsory Purchase – advising on compensation levels relating to HS2.
  • Property related professional negligence – valuers, surveyors and solicitors.

Martin’s recent cases of note include:

  • Commercial leases – acting for Tata Steel in rent reviews at Port Talbot and Immingham Docks.
  • Commercial leases – Ford v Ansa [2013]. Successful defence of a forfeiture claim.
  • Commercial leases – Sunlife v Tiger [2014]. Successfully acting for a landlord in the Court of Appeal in a ground-breaking dilapidations claim.
  • Commercial leases – acting for landlord/developer in claims against tenants for failing to fit out premises and open for trade.
  • Lease covenants and planning – British Malleable Iron Company Ltd v Revelan (IOM) Ltd [2013]. Successful strike out of claim for breach of covenant.
  • Easements – appearing in the Court of Appeal for the successful respondent in Elwood v Goodman [2013] (registration and benefit and burden).
  • Development agreements – Dorchester v BNP Paribas [2013] successful appeal to the Court of Appeal relating to the construction of a confidentiality agreement concerning property deal.
  • Restrictive Covenants – acting for a successful applicant developer in the modification of a covenant to allow significant residential development.
  • Trusts of land – Williams v Lemas/Sealy [2013]. Successful resistance to appeal regarding the issue of estoppel in a trust of land dispute.
  • Expert determination – acting for a land owner in dispute regarding the developer’s best endeavours obligations in the development agreement.
  • Party Walls – interpretation of statute; appeals – Kaye v Lawrence [2011].
  • Property-related insolvency – acting for a foreign property owner in dispute with a liquidator as to the ownership of valuable residential properties in London.
  • Professional negligence – acting for the lender in property valuation negligence claims; acting for a barrister defending a claim relating to advice regarding the enforceability of a development agreement.