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Simon Atkinson

Call: 2011   

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

Property

Property law is a principal component of Simon’s practice.  He is regularly instructed across the gamut of Chambers’ areas of work including: boundary disputes and easements, adverse possession claims, landlord and tenant work, mortgagor-mortgagee disputes, commercial development agreements, lease renewals, land registration issues and possession proceedings.

Recent 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.
  • 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) 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.
  • Acting 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.
  • Acting for the mortgagee, in possession proceedings of a multi-million pound country estate.
  • Advising the executors of an estate as to potential rectification claims arising out of conveyances of land containing mistakes as to the description of the parcels conveyed.
  • Acting (with Julian Greenhill) 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.
  • Advising in relation to 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.
  • Advising in relation to a landlord and tenant dispute over the repairing obligations of high velocity lifts in a newly built tower in London.
  • Advising a residential tenant of a high-value estate in west London in relation 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.