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Simon Atkinson

Call: 2011   

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

Property

Property law is a core component of Simon’s practice. He is regularly instructed across the gamut of Chambers’ areas of work including: boundary disputes and easements (including wayleaves), overage agreements, restrictive covenants, adverse possession claims, landlord and tenant work (both commercial and residential), mortgagor-mortgagee disputes, TOLATA claims, commercial development agreements, lease renewals, rent reviews, land registration issues and possession proceedings.

Notable instructions include:

  • Appearing for the claimants/appellants in Wood v Waddington [2014] EWHC 1358 (Ch), [2015] EWCA Civ 538, a case concerning boundary disputes and alleged rights of way.
  • Appearing as sole counsel for the appellants in Catalyst Housing Limited v Martin [2016] EWCA Civ 1156, a renewed oral application for permission to appeal (and the later substantive appeal) in proceedings concerning contractual succession to an assured tenancy.
  • Acting (with James Ayliffe QC) in a claim concerning a purported joint venture development of land. This ongoing litigation concerns two claims, one a derivative action and the other a direct action, brought by the representatives of one of the parties to the alleged joint venture.
  • Appearing (with Julian Greenhill QC) in possession proceedings brought in the High Court seeking expedition of the trial as the site was needed urgently for the manufacture of critical components for a national infrastructure project.
  • Appearing for a defendant in a claim for alleged noise nuisance brought by neighbours who complained of the defendant’s use of a wooded area on its land to run outdoor lessons.
  • Appearing for the mortgagee, in possession proceedings relating to a multi-million pound country estate.
  • Acting for the executors of an estate in respect of potential rectification claims arising out of conveyances of land containing mistakes as to the description of the parcels conveyed.
  • Acting (with Julian Greenhill QC) for freehold owners in relation to a dispute with their neighbour concerning the extent of rights of way granted by a conveyance of land and alleged nuisances and breaches of restrictive covenants.
  • Instructed in a case concerning the purported forfeiture of a business tenancy in the Dubai International Finance Centre for non-payment of rent and relief under the DIFC Real Property Law and DIFC Law of Damages and Remedies.
  • Instructed in a landlord and tenant dispute concerning the repairing obligations of high velocity lifts in a newly built tower in London.
  • Acting for a residential tenant of a high-value estate in west London in a dispute as to whether qualified covenants had been waived by the landlord’s predecessor in title.
  • Acting for several heirs under Saudi Arabian law, who sought to have restrictions entered against the titles of UK properties as beneficiaries of an English resulting trust.
  • Acting for a freehold owner seeking possession of land against trespassers who claimed adverse possession over part of the freeholder’s title.
  • Acting for a tenant seeking rectification and variations of a long leasehold estate.
  • Advising trustees of a charitable trust as to their powers in relation to the upkeep of a public recreation ground.
  • Appearing for the landlord in the First Tier Tribunal, Property Chamber in an application under Part IV of the Landlord and Tenant Act 1987 to vary leases of 32 flats in a holiday park.
  • Appearing (with Martin Hutchings QC) for the third party, Ford Motor Company Ltd, in Ansa Logistics Ltd v Towerbeg Ltd [2012] EWHC 3651 (Ch). This was a landlord and tenant dispute concerning an alleged breach by the tenant of the covenant against alienation.
  • Acting for the freehold owners of land who had, on legal advice, granted and later extended an option over their land. The principal issues in the case concerned the existence or otherwise of a legal adviser’s duty to revisit earlier advice and whether that duty extended to advising on the commercial consequences of extending the option agreement.]
  • Acting for the vendors of freehold owners of land in relation to a potential professional negligence claim against their conveyancing solicitors. The land had been conveyed subject to certain overage provisions which had not then been fully registered by their legal advisors.
  • Acting for the purchasers of an apartment who were in a dispute with their conveyancing solicitors for failing to advise in relation to the increased liability to Stamp Duty Land Tax as a result of a proposed variation to the transaction following exchange of contracts but before completion.
  • Acting for the owners of land seeking to redevelop their garden and open land which land was potentially subject to various restrictive covenants contained in a conveyance between their predecessors in title and the neighbouring landowner.
  • Acting for the owners of a public house in relation to a dispute over a private road regarding rights of access arising under s. 62 of the Law of Property Act 1925 and/or by prescription.
  • Acting for a public body which sought to require statutory undertakers to connect utilities to undeveloped land where the services to be laid had to cross a private road owned by a third party.
  • Acting in trespass proceedings for a riparian land owner to whose land various individuals were mooring without permission.
  • Acting on behalf of an owner of property who claimed that it had been induced by fraudulent misrepresentations to execute a TR1 transferring title to the property to a party connected with the individual who made the representations.
  • Appearing (with Andrew Mold) in High Court proceedings for breach of fiduciary duty and dishonest assistance, which claims were brought against the claimants’ managing agents and the director of the managing agents.
  • Acting for the owner of land in relation to a claim for breach of fiduciary duty brought against his former agent retained to negotiate a purchase of the neighbouring land in circumstances where the agent subsequently acquired an option over the neighbouring land for his own benefit.