Rupert Reed

Property CV

Rupert is consistently identified by Legal 500, Chambers UK Bar and Legal Experts as a leading junior in property litigation.  A former student and research assistant of Charles Harpum, he combines a strong interest in the law of Real Property with substantial experience of modern commercial property litigation. 

Many of his commercial law and professional liability cases arise in connection with investment in and the development of commercial property. He has enjoyed working with many of the outstanding property law leaders in chambers.  

Recent / notable cases include:

• Advising the Administrators of Lehman Brothers in pursuing breach of warranty claims against Northern Rock plc in respect of a transfer of a significant portfolio of various pools of mortgage loans completed in early 2007 and warranties in particular as to the validity and priority of the relevant loan and charging agreements [2011].
  
  
• Acting for the purchaser of a property off-plan in the Dubai International Finance Centre in claims in the DIFC Court against a Government-owned developer on a reservation agreement for delays in issuing the relevant sale and purchase agreement and handing over the property and for defects in the quality and finish of the Property, the common parts and facilities to which the purchaser was to have access (Dorsey v. Union Properties PJSC [2011]).
  
  
• With Jonathan Acton Davis QC, acting successfully for the guarantor under the rescheduling of liabilities exceeding USD 440 million to the Dubai Islamic Bank in resisting summary judgment in the English Commercial Court on bases including that, as a matter of UAE and/or Shari'a law, the property taken as security should be valued at its value of USD 1 billion as at the date of enforcement of the security, alternatively that if the security was a mortgage, the Bank was in breach of its equitable duties as mortgagee in possession (Dubai Islamic Bank PJSC v. PSI Energy Holding Co BSC & Ors [2011] EWHC 2718 (Comm)).
  
  
• Leading Benjamin Faulkner, acting for party jointly entitled to the beneficial interest in a property in Connaught Square under an express trust for sale in seeking to compel the sale of the property pursuant to a Tomlin Order made in 2008 by Proudman J [2011].
  
  
• Acting for the Anguillan SPVs owning the freehold and long leasehold interests in the Pinnacle Tower in the City in defending claims made by a significant Saudi equirty investor in the Pinnacle Development that he had a beneficial interest in the relevant freehold and leasehold property (Abbar v. SEDCO & Ors[2010] EWHC 21323 (Ch); [2010] EWHC 2677 (Ch)).
  
  
• With Jonathan Seitler QC, acting for the tenant of a significant commercial property in arguing that its break notice was validly served notwithstanding that it was not served in time on the relevant property investment management company, on the basis that a deeming provision was irrelevant in circumstances where the tenant was relying not on deemed, but on actual, service (Hotgroup plc v. RBS plc[2010] EWHC 1241 (Ch)).
  
  
• With Jonathan Seitler QC, acting for the freehold owner of a 550 acre estate in respect of the construction of various lease classes in their provisions as to service charge in the light of the owner's changing intentions for the development of the estate (2010).
  
  
• With Jonathan Seitler QC, acting WH Smith in a test case, listed before Lewison J but ultimately compromised, for the renewals of WH Smith leases in various London mainline stations, in particular on the issue of whether turnover percentages in a new tenancy fell to be set by reference to the existing tenancy under s. 35 LTA 1954 or on open market evidence under s. 34 (W H Smith Retail Holdings Ltd v. Network Rail Infrastructrue Ltd [2010]).
  
  
• With Jonathan Seitler QC, successfully arguing that the vendor of development land was entitled to sue Crest Nicholson for rectification of the sale contract on the basis of unilateral mistake and/or for specific performance of the contract (Crest Nicholson (South) Ltd v. Regional Investments (Guildford) Ltd; Regional Investments (Guildford) Ltd v. Lawrence Stephens (a firm) [2010]).
  
  
• With Jonathan Seitler QC, successfully defending a UBS property fund in valuation issues relating to the calculation of a performance fee payable to project managers in respect of the redevelopment of the Milton Gate office building in London EC1 (Exemplar Properties (MG) LLP v. UBS Triton Property Fund [2009]).
  
  
• With Lawrence Cohen QC, acting for National Amusements in claiming its entitlement to rescind the Agreement for Lease of the cinema at the Westfield Centre in White City, and defending Westfield's £24 million counterclaim based on an alleged estoppel or repudiatory breach of the agreement (National Amusements (UK) Ltd & Ors v. (1) White City (Shepherds Bush) Ltd Partnership (2) Commerz Real Investmentgesellschaft mbH [2009] EWHC 2524 (TCC); [2010] 1 WLR 1181; (2010) BLR 24; (2009) NPC 116).
  
  
• Acting for various overseas property investors, defending quantum of claims for breach of contract to purchase a number of flats in the City Quarter development in London E1 with dispute as to valuation of flats at time of resale (Berkeley Gemini Ltd v. O'Donoghue & Anor [2009]).
  
  
• Acting successfully for the beneficial owner of a property in London N16 in seeking to invalidate various fraudulent dispositions of the property arranged by a cousin and in defending claims by HBOS to uphold leases against which it had been granted charges (Kopfstein v. (1) Ziffer (2) Bernstein (3) Bank of Scotland plc and (4) Bude Nathan Iwanier [2009].
  
  
• Acting for a minority shareholder in a dispute as to whether the valuation of substantial industrial premises should include its hope or development value [2009].
  
  
• Acting for the freeholders of a significant London residential property in successfully obtaining an interim injunction against the digging of a swimming pool in the garden demised to the owner of the garden flats, in an action in which the freeholder ultimately prevailed before the CA: Guignabaudet v. Scott-Moncrieff [2009] EWCA Civ 485.
  
  
• With Jonathan Seitler QC, acting for Shell in successfully defending claims by London Gateway Port Ltd and P&O that a main access shown in the Master Plan of the London Gateway could not be used by Shell pursuant to its sale of the former Shell Haven oil refinery in 2000 (London Gateway Port Ltd v. Shell UK Ltd & Anor [2008]).
  
  
• Acting for a substantial international property fund in suing its former investment manager and adviser for diverting properties to other entities and conspiring with various Hong Kong and Isle of Man defendants to take over the property fund (Belgravia Financial Services Group Ltd & Ors v. Dunkerley & Ors [2008]).
  
  
• With Michael Barnes QC, acting for Durkan Estates pursuant to its purchase of a development site at Hilton Wharf in Greenwich in a dispute, heard by a surveyor arbitrator advised by Jonathan Gaunt QC, as to various valuation issues arising on a pre-emption agreement (Claygreen Ltd v. Bottomley & Ors [2008]).
  
  
• Acting for the local authority land owner at a non-statutory public inquiry under the Commons Act 2006 in successfully establishing that the applicants had failed to show that the proposed locality had sufficient identity or cohesiveness to qualify as a neighbourhood under the Act so that the subject land would not be registered as a town and village green under the Act (Re land at Cambrian Drive, North Yate, Bristol [2008]).
  
  
• Leading Sebastian Allen and with Counsel in Western Australia, successfully acting for one partner on the dissolution of an international farming partnership in claiming English agricultural land in consideration for Australian land which had been acquired with his monies and held on trust for him or the partnership (Eglington v. Rowe [2008]).
  
  
• Acting for a divorced wife in securing her rights in a house in Connaught Square purchased by her former husband from monies taken from their pension fund (Clarke v. Clarke [2008]).
  
  
• Acting for the leading member in a development joint venture in seeking declaration that his co-venturer was entitled to a share in any profits and not in the beneficial interest of the development property (Bhohi v. Khatib & Ors [2008] EWHC 963 (Ch)).
  
  
• Acting for a tenant firm of London solicitors on a substantial dilapidations claim on the expiry of its lease of certain office premises as to the application and effect of the cap under Section 18 LTA 1927 to the damages claimed (Princesgate Investments Ltd v. Osbornes [2007]).
  
  
• With Jonathan Karas QC, successfully resisting an appeal against the refusal of an application for judicial review of the decision of the Commons Commissioners that they had no jurisdiction to hear a disputed application under section 13 Commons Registration Act 1965 (R(Whitmey) v. Commons Commissioners[2004] EWCA Civ 951; [2005] 1 QB 282; [2004] 3 WLR 1342 [2004] 45 EG 126).
  
  
• With Michael Barnes QC,arguing successfully for a developer that a restrictive covenant prohibiting user other than for the housing of the working classes did prevent the redevelopment of a substantial Chelsea property ([2003] EWCA 782; [2004] 1 P&CR 169; [2003] HLR 1011; The Times, 2 June 2003).
  
  
• Arguing successfully that the servient owner was entitled to a negative declaration that the development of his property would not substantially interfere with the shooting rights of Hugh Osmond's estate (Wellbarn Shoot Ltd v. Shackleton[2002] 18 EG 151).
  
  
• Successfully defending a boundary claim based on the ‘hedge and ditch' presumption made against the owner of a substantial property in Radlett (Fraser v. Homan[2004] All ER (D) 215 (Jun)).
  
  
• Successfully obtaining order for payment of deferred consideration under sale and development agreement for substantial residential property on the Wentworth Estate (Ahmed v. Belvedere Wentworth Ltd[2004] All ER (D) 190 (Oct)).