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MARTIN HUTCHINGS QC

Call: 1986    QC: 2011

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

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:

  • 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.
  • 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]
  • 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]
  • 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).
  • 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)).
  • 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 land owner 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]
  • Property-related insolvency – acting for a foreign property owner in dispute with a liquidator as to the ownership of valuable residential properties in London.