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Joanne Wicks QC

Call: 1990    QC: 2010

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

Property

Joanne is recommended as a Leading Silk for property/real estate litigation in the major legal directories. Chambers & Partners 2019 describes Joanne as “an excellent advocate and an enviable opponent for all who come up against her”. Who’s Who Legal UK Bar 2018 says she is “one of the most highly regarded names” in the field of Real Estate.

Joanne’s practice encompasses all aspects of property law. She acts in disputes resolved through litigation, arbitration and expert determination and also advises transactional lawyers on title issues and the drafting of property contracts. Joanne takes instructions from surveyors and other professionals eligible to instruct the Bar directly.

Her property practice includes:

  • Representing the successful tenant in the Supreme Court in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62, a landmark judgment which establishes that a landlord cannot object to its business tenant’s application for a new tenancy on ground (f) – the redevelopment ground – with a scheme of works which it would not carry out if the tenant left voluntarily.
  • Acting for Canary Wharf Group in successfully resisting the claim by the European Medicines Agency that the Agency’s 25-year lease of premises in Canary Wharf will be frustrated when the UK leaves the EU (Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 335 (Ch)).
  • Obtaining permission to appeal to the Supreme Court in Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298, a case concerning covenants which are found frequently in leases of residential blocks of flats and which the Court of Appeal has held affect a landlord’s ability to authorise structural alterations to a flat.
  • Representing the appellant in Churston Golf Club v Haddock, in which the Court of Appeal considered the anomalous “fencing easement” and whether such a right had been created by an express covenant to fence (judgment awaited).
  • Appearing for the prospective purchaser of an office block in Luton, which recovered its deposit and damages following fraudulent misrepresentations by the seller (Greenridge Luton One Ltd v Kempton Investments Ltd [2016] EWHC 91).
  • Appearing for a developer seeking to establish that a covenant imposed to secure overage was not binding upon it (Bryant Homes Southern Ltd v Stein Management Ltd [2017] P & CR 6).
  • Acting for Joseph, the fashion retailer, in a claim against Stella McCartney Ltd under the Landlord and Tenant Act 1954 in relation to a shop in Old Bond Street.
  • Acting for a right to manage company on an appeal by a landlord to the Court of Appeal contesting its acquisition of the right to manage under the Commonhold and Leasehold Reform Act 2002 (Miltonland v Platinum House (Harrow) RTM Co Ltd).
  • Representing a supermarket chain in a dispute as to whether a contract to acquire a site was properly terminated because the planning permission was not ‘satisfactory’ (Norcros Estates Ltd v Optimisation Developments Ltd & WM Morrison Supermarkets Plc).
  • Advising the developer of a very substantial London site on the impact of a scheme of restrictive covenants affecting part of it.