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Jamie Holmes

Call: 2014   

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

Property

Jamie acts and advises as sole counsel on property matters including:

  • As sole counsel successfully resisting in part an interim injunction, and obtaining fortification of the usual cross-undertaking, sought against respondent defendants to a claim brought by their tenant of commercial premises including allegations of fraud and claims for damages and lost profits in excess of half a million pounds. Jamie continues to act in this on-going matter with Tiffany Scott QC.
  • Assisting Martin Hutchings QC in advising a funder on the merits of an appeal to the Privy Council of a decision of the Court of Appeal of Trinidad & Tobago.
  • Possession hearings of all kinds in the County Court and High Court, whether concerning residential or commercial property, trespassers, or seeking or resisting forfeiture.
  • Settling pleadings and advising in more complex or out of the ordinary possession claims.
  • Advising concerning the compromise of possession proceedings where the defendant counterclaimed an interest in the property, the freeholder had lost capacity and a sale was necessary to pay for the freeholder’s medical care, and the only available asset for a compromise was the provision for the defendant in the freeholder’s will.
  • Acting as an expert in foreign proceedings in Hong Kong on aspects of English conveyancing.
  • Advising in a 1954 Act dispute that settled thereafter following exchange of evidence.
  • Acting for defendant seeking summary judgment on a claim for c. £22,000 by an investor in an offshore property development (settled shortly before hearing).
  • Setting aside default judgment for c. £17,000 concerning tenant deposits transferred pursuant to contracts of sale of a number of properties, which were protected and governed by the MyDeposits rules.
  • Advising and acting for landlord seeking damages in a small claims trial against tenants seeking recovery of their deposit.
  •  Obtaining and resisting the grant of charging orders.
  • Advising on the validity of commercial leases in a number of different contexts, including with regard to the 1954 Act, registration issues, proprietary estoppel, allegations of sham, and disputes with landlord’s mortgagee and s99 of the 1925 Act.
  • Advising on the proper construction of a number of residential leases with regard to liability for repairs and/or service charges.
  • Advising at the pre-action stage on a potential claim concerning a Common Intention Constructive Trust over a family home.
  • Advising at the pre-action stage on a potential claim to enforce freehold covenants against a developer.
  • Advising on a leasehold enfranchisement dispute.
  • Advising on a party wall act dispute.
  • Appearing at CMCs, CCMCs and other directions hearings.