Martin Hutchings KC

Property

Martin regularly appears in court in all matters relating to commercial and residential property. He has an outstanding record of success at all levels and is recommended as a leading silk for property matters in all leading directories.

His expertise includes the following property-related matters:

• Building Safety Act 2022 and cladding remediation and service charge recovery.
• Commercial leases – advice to landlords and tenants, regarding serious structural failure resulting from the use of RAAC and other unsuitable materials (Including advising on BSA 2022 implications).
• Commercial leases –dilapidations; break clauses; renewal, rent review; tenant insolvency; keep open covenants; rent claims; frustration; failure of consideration.
• Development contracts – overage disputes; construction, drafting; registration of interests; highways.
• Contracts of sale – specific performance; rescission, fraud, injunctions and other interim remedies.
• Arbitration/Expert Determination – challenges, injunctions.
• Joint ventures – negligent drafting, enforceability, damages for breach.
• Easements – rights of light and air, rights of way, drainage rights.
• Restrictive covenants – modification, construction, enforceability.
• Land registration – mortgages, fraud, adjudication claims.
• Mines and Minerals – meaning of easement and other freehold mineral rights, registration, whether leases are mining leases.
• Nuisance – noise and odours, animals, neighbour disputes.
• Trespass – remedies including negotiating damages.
• Trusts of land and Proprietary Estoppel – claims to beneficial interests.
• Party Walls – challenges, statutory interpretation, appeals.
• Compulsory Purchase – advising on compensation levels relating to HS2.
• Property related professional negligence – valuers, surveyors and solicitors.

Martin’s recent cases of particular note include:

• Restrictive Covenants – acting for the appellant in the Supreme Court in Housing Solutions Ltd v Alexander Devine Cancer Trust [2020] (the first case under s.84(1) to reach the highest court).
• Restrictive Covenants – acting in the Court of Appeal for one of the appellants in Bath Rugby v Greenwood and others [2021] (a leading modern annexation case).
• Restrictive Covenants – acting in the Court of Appeal for successful appellants in Birdlip v Hunter [2016], the leading modern building scheme case, as well as for successful respondents in a case turning on s.56(1) of the Law of Property Act 1925: Kensell v Khoury [2020].
• Modification of Restrictive Covenants – acting for successful objectors in the Upper Tribunal, regarding a development of flats, based on ‘thin end of the wedge’ arguments: Morris v Brookmans Park Roads Ltd [2021]. Other recent reported modification cases in which Martin has acted for intended developers include: Signature of St Albans (Guernsey) Ltd v Wragg [2019] and Re O’Byrne’s Application [2018]. He also appeared for the applicant in the Upper Tribunal decisions in Re: Barrowsfield [2022] and Re Great Jackson Street [2023].
• Commercial leases – acting for Manchester Airport (landlord) in successful claim against tenants for the recovery of substantial electricity and gas supply charges arising from private utility networks: Manchester Airport Plc v Radisson Hotel Ltd [2021].
• Commercial leases – acting for successful local authority landlord in claim for termination of building lease for non-fulfilment of conditions subsequent; Wigan BC v Scullindale [2021]. He is also presently acting for Plymouth Council in relation to a forfeiture issue regarding leases of Plymouth Airport.
• Commercial leases – renewal of leases and the effect of the pandemic: acting in multiple renewals of Boots’ leases, raising substantial issues including concerning term length and rental levels in the post pandemic market: HPUT Trustee No 1 Ltd v Boots UK Ltd [2021].
• Commercial leases – acting for major supermarket chain in claims to acquire freehold reversion pursuant to lease option.
• Commercial leases – Sunlife v Tiger [2014]. Successfully acting for a landlord in the Court of Appeal in a ground-breaking dilapidations claim in which the tenant had claimed that a refurbishment meant that the claim was negated by supersession. (The leading modern case on the principle of supersession). He is also presently instructed in a dilapidations claim for the landlord against HSBC, with a claim value of over £15M; and recently, was involved in the settlement of a claim for a tenant which concerned the lease of a former London hospital, where the original claim was said to be worth over £30M.
• Commercial leases – Heysham Port v Peterson [2021] acting for landlord in claim against tenant pursuant to Jervis v Harris notice.
• Commercial leases – acting for owner of Brunswick Centre in dilapidations claim against LB Camden.
• Commercial leases – breach of tenant’s easements by landlord; rights and remedies: Brothers Enterprises v New World [2019].
• Easements – appearing in the Court of Appeal for the successful respondent in Elwood v Goodman [2013] (registration; and benefit and burden (enforceability of positive covenants)).
• Mineral leases – advising on the effect of grant and reservations of mineral rights.
• Development agreements – Dorchester v BNP Paribas [2013] successful appeal to the Court of Appeal relating to the construction of a confidentiality agreement concerning property deal and breaches of confidence.
• Trusts of land – Williams v Lemas/Sealy [2013]. Successful resistance to appeal regarding the Henderson and issue estoppel in a trust of land.
• Expert determination – acting for a landowner in dispute regarding the developer’s best endeavours obligations in the development Acting as independent expert in determination of dispute regarding management of multiple properties.
• Party Walls – interpretation of statute; appeals – Kaye v Lawrence [2011]. Also appeared for the successful respondent in the first case under the Party Walls (Etc) Act 1996 to reach the Court of Appeal (Zissis v Lukomski [2006]).
• Commercial leases – acting for landlord/developer in claims against tenants for failing to fit out premises and open for trade, and defending supermarkets in ‘keep open’ covenant disputes.
• Residential leases – acting for tenant claiming a binding residential tenancy agreement and repayment of sums on the basis of unjust enrichment: Publity AG v Chesterhill Properties [2016].
• Mineral leases – advising landlords and adjoining owners (developers) regarding the effect of mineral leases and easement rights.
• Property-related insolvency – acting for a foreign property owner in dispute with a liquidator as to the ownership of valuable residential properties in London. He has also acted for landlords in relation to both the Paperchase CVA and the Poundstretcher CVA.
• Commercial and residential (mixed use) buildings – Martin has acted and advised on numerous Building Safety Act 2022 matters including:
  • Advising commercial landlords regarding recovery for cladding and non -cladding remediation work potentially caught by the BSA 2022, in relation to mixed use buildings; and issues relating to recovery of service charges.
  • Advising residential tenants and landlords (including Almacantar) relating to the definitions and meaning of terms contained in the BSA 2022.
  • Acting for Almacantar in claims for curtain wall remediation works at Centre Point House including advising on the implications of the Building Safety Act 2022 (due for hearing in January 2022).

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