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JOHN McGHEE QC

Call: 1984    QC: 2003

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

Property

John’s practice covers the whole spectrum of real estate from advising and representing developers and investors in contractual disputes over major commercial developments to the esoteric areas of minerals, rights to light and the electronic communications code.

Notable cases include:

  • acting for Cornerstone in an appeal to the Supreme Court concerning fundamental issues as to the scope of the Telecommunications Code (2022)
  • advising developers and neighbouring owners in numerous rights of light claims (2005 to date)
  • acting for a port owner in complex claims against a development corporation relating to access rights to land (2022)
  • Hicks v 89 Holland Park (Management) Ltd [2021] EWHC 930 (Ch) – acting for a management company in successfully resisting a claim by the adjoining owner that it was not entitled to refuse consent to plans for a proposed development on aesthetic grounds
  • EMI Group Ltd v Prudential Assurance Co Ltd [2020] EWHC 2061 (Ch) – acting for a landlord in a successful claim against the guarantor under an authorised guarantee agreement involving novel issues under the Landlord and Tenant (Covenants) Act 1995
  • Lodha Developers 1 GSQ Ltd v 1 GSQ1 Ltd [2020] EWHC 2356 (Ch) – acting for the purchaser of high value residential property in a claim for relief from forfeiture and return of a deposit
  • Generator Developments Ltd v Lidl UK GmbH [2018] EWCA Civ 396 – successfully resisting a claim that property had been purchased for the joint benefit of the parties and was held on constructive trust under a Pallant v Morgan equity
  • Metropolitan Housing v RMC FH Co Ltd [2017] EWHC 2609 (Ch) – acting for the landlord in successfully establishing that the tenant would be in breach of the terms of the lease in releasing its rights of light in favour of a neighbouring developer
  • Burrows Investments v Ward Homes [2017] EWCA Civ 1577 – acting for a housing developer in a claim by the former owner for breach of a covenant restricting disposals of the property in order to protect a right to overage
  • Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels [2014] EWCA Civ 1215 – acting for a major hotel group on an intragroup re-organisation in a claim by the landlord relating to the effect of complex lease assignment provisions and of the Landlord and Tenant (Covenants) Act 1995
  • Scottish Widows Fund & Life Assurance Society v BGC International [2012] EWCA Civ 607 – acting for the landlord in a respect of a claim regarding the construction and rectification of a complex rent review provision in a lease forming part of a sale and leaseback transaction
  • CIP Property (AIPT) Ltd v Transport for London, London Underground Ltd, Derwent Valley Central Ltd [2012] EWHC 259 (Ch) – successfully resisting a claim for declaratory and injunctive relief in a claim that a proposed development would interfere with rights of light
  • Re Thames Valley Holdings Ltd [2011] UKUT 325 (LC) – acting for the National Trust in successfully resisting a claim for modification of a restrictive covenant to enable a housing development to proceed