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Tom Roscoe

Call: 2010   

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

Property

Tom has extensive experience of advising and acting on a wide range of property disputes, as well as on professional negligence cases arising from property transactions. He is a member of the Property Bar Association.

Tom has a particular experience of and interest in  high profile claims involving protestors and squatters. He recently acted for the Secretary of State for Transport in obtaining relief restraining “direct action” protests at an HS2 site in Hillingdon. He has acted for many of fracking companies obtaining similar relief against anti-fracking protestors (e.g.  Wensley v Persons Unknown [2014] EWHC 3702 (Ch) & Jones v Persons Unknown [2014] EWHC 4691 (Ch)). He appeared successfully for a property developer in connection with the “Sweets Way Resists” protests, which involved the comedian Russell Brand (2015). He has also twice acted for EDF seeking to evict environmental protestors from their sites. He has written about, and enjoys giving regular talks on, the issues which arise in such cases.

Other illustrative cases include:

  • Acting for a local authority on a claim brought by occupiers of a neighbouring travellers site who assert that they have grazed and trained horses on the land for many years and thereby acquired title by adverse possession
  • Acting on long-running proceedings concerning the ownership and control of two North London hotels, which include allegations that various leases are shams
  • Acting on behalf of a charity seeking to recover land appropriated via the unlawful expansion of a neighbouring static caravan site
  • Challenges to the validity of s.26 notices served by tenants under the 1954 Act
  • Defending at trial a national infrastructure company in a claim brought by a farmer seeking substantial compensation for damages allegedly caused from works carried out via his field
  • Advising a well-known retailer on the merits of a landlord’s ground (f) opposition, where the landlord’s development plans related to some but not all of the demised property
  • Advising a charge holder on the merits of an application to challenge the validity of a prior charge on the basis that it was a sham
  • Pursuing a committal application against the former managing agent of a residential block of flats for failing to provide accounting information in breach of a court order
  • Obtaining at trial final injunctive relief restraining interference with a vehicular right of way against a neighbouring landowner whose car parking restricted access by larger vehicles
  • Acting (with James Ayliffe QC) for the administrators of HMV in a dispute with the landlords of HMV’s flagship Oxford Street store upon the company’s entry into administration.
  • Acting (with Jonathan Seitler QC) for the claimants in a substantial dilapidations claim. When the case settled shortly before trial, the claimants were able to secure a favourable costs award on the basis of the defendant’s unreasonable failure to mediate: PGF II SA v OMFS [2012] EWHC 83 (TCC).