Emer Murphy

Property

Emer has a broad property practice encompassing real property disputes, landlord and tenant matters and cases arising out of the Electronic Communications Code. Much of Emer’s property work is undertaken on her own account, although she also has considerable experience of acting as part of a large team on complex, long-running matters. Emer appeared in the Supreme Court in the landmark case of 11-13 Randolph Crescent Limited v Dr Duval [2020] UKSC 18, led by Joanne Wicks KC.

Emer is currently ranked as a Leading Junior in the Property Litigation field by Chambers & Partners and The Legal 500.

Landlord and Tenant

Emer acts in the full range of landlord and tenant matters. Many of Emer’s instructions arise out of business tenancies and matters relating to the Landlord and Tenant Act 1954. She also has considerable experience advising on covenant disputes and issues relating to alienation, disrepair, dilapidations and forfeiture. Notable cases include the following:

11-13 Randolph Crescent Limited v Dr Duval [2020] UKSC 18 

• The Estate Gazette’s top case of 2020.
• The case concerned a landlord’s covenant in a lease of a flat in a mansion block, by which the landlord promised to enforce (on request) the covenants in the other leaseholders’ leases.
• The Supreme Court decided that this covenant meant that the landlord could not permit works prohibited by an absolute covenant against structural alterations.
• Emer was led by Joanne Wicks KC.

Canary Wharf (BP4) T1 Limited & Others v The European Medicines Agency [2019] EWHC 921 (Ch)

• The Estate Gazette’s top property case of 2019.
• Can Brexit frustrate a lease?
• Emer represented the European Medicines Agency, led by Jonathan Seitler KC and working alongside Tom de la Mare KC and James Segan KC of Blackstone Chambers.

Tera Westend Ltd v Edgware Road (2015) Limited (2024)

• Acting on her own account, Emer represented a tenant of restaurant premises in its claim for unlawful forfeiture and relief against forfeiture.
• An eight-day trial took place in February 2024. Judgment is awaited.

Curzon Lease Limited v Curzon Cinemas Limited (2024)

• Emer represents Curzon Cinemas Limited, tenant of the iconic cinema premises in Curzon Street.
• The tenant is resisting its landlord claim for termination of its business tenancy.

 Confidential: Various

• Emer has advised and acted in relation to various disputes arising out of Part II the Landlord and Tenant Act 1954, both for landlords and tenants.
• These cases have raised various issues including questions of validity of s. 25 notices, whether a lease is protected by the 1954 Act, whether a new lease can be resisted on the various statutory grounds, statutory compensation and estoppel.

Development disputes and joint ventures

Emer has considerable experience advising on and acting in disputes concerning development contracts, overage, conditional contracts, options, rights of pre-emption and property joint ventures. Some notable cases are listed below:

Confidential (2024)

• Emer represents a property development company in its claim for substantial damages arising out of multiple alleged breaches of an agreement for lease.
• The case relates to premises in an ambitious large-scale redevelopment.
• Emer is acting as a junior to Joanne Wicks KC.

Clutterbuck v Cleghorn [2015] EWHC 2558 (Ch), [2017] EWCA Civ 137, [2018] EWHC 2125 (Ch)

• Long-running multimillion-pound saga relating to property joint ventures in London.
• The Defendant (represented by Emer and Jonathan Seitler KC) had the majority of the claim struck out as an abuse of process relying on the principle in Aldi Stores [2008] 1 WLR 748 in both the High Court and the Court of Appeal.
• The remainder of the claim was dismissed following a three-week High Court trial, which raised issues of fraudulent misrepresentation, contractual interpretation, estoppel by convention and proof of loss.

Confidential (2018)

• Dispute concerning a repeatedly-varied joint venture-style agreement between a landowner and a developer, relating to a prominent development site in London (sold for £100m with the benefit of planning permission).
• The parties disagreed as to how the complex profit-sharing provisions should be interpreted and applied.
• The case settled following a successful mediation. Emer acted a junior to Jonathan Seitler KC.

Real property

Emer has advised in numerous disputes relating to easements, restrictive covenants, contracts of sale, mortgages and the registration of land. She also has considerable experience of disputes relating to the ownership of land and raising issues of constructive trust, proprietary estoppel and unjust enrichment. Notable cases include the following:

Cayman Shores v Registrar of Lands [2021 (2) CILR 1], [2023 (1) CILR 252]

• This dispute relates to the Registered Land Act in the Cayman Islands.
• The key issue is whether various ‘resort type’ rights are binding upon the new owners of the site of the former Cayman Hotel, as restrictive agreements and/or easements.
• The matter is being appealed to the Privy Council by over 180 owners of residential properties in Grand Cayman.
• Emer and Jonathan Seitler KC act for Cayman Shores.

Confidential (2024)

• Acting as a junior to Tiffany Scott KC, Emer represented a bank sued in relation to the financing of a major residential development project.
• The borrower alleged that the bank acted in breach of various duties it owed as mortgagee and claimed damages of over £15m.
• The matter settled following a successful mediation.

Willmott v Kimchi (2021)

• Emer successfully represented a couple seeking possession of their substantial former home from a family friend.
• The four-day trial raised issues of forgery, constructive trust and proprietary estoppel.

Telecoms

Emer frequently acts for a number of major operators and infrastructure providers in relation to matters arising out of the Electronic Communications Code. Emer has advised on numerous technical aspects of the Code and the 1954 Act as it applies in the telecoms sector and has particular experience in relation to applications for:

• The imposition of Code agreements (paragraph 20);
• Interim rights (paragraph 26);
• The termination of Code agreements (paragraph 31);
• Code agreement renewals (paragraph 33); and
• The removal of telecoms equipment pursuant (paragraph 40).

Recent cases of particular interest include the following:

On Tower UK Limited v AP Wireless II (UK) Limited [2022] UKUT 152 (LC) (‘Audley House’)

• The main issue in this Code renewal case was the health and safety obligations on owners and occupiers of land in relation to telecoms equipment on their sites.
• The Upper Tribunal also addressed numerous disputed terms and the appropriate approach to consideration.
• Emer acted as a junior to Jonathan Seitler KC.

Vodafone Limited v (1) Icon Tower Infrastructure Limited (2) AP Wireless II (UK) Limited

• Acting with Oliver Radley-Gardner KC, Emer represents Vodafone in these conjoined proceedings.
• Icon and APW are resisting the renewal of Code and 1954 Act agreements on their properties on various grounds.

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