has mediated disputes involving the following issues:
• Claim for breach of restrictive covenants regarding use of development plot contained in transfer.
• Dispute as to the operation of a hotel management contract in the Caribbean.
• Claim by publicans against brewery for failure to refurbish function room and resulting loss of income.
• Claim by landlord for service charges following acquisition of freehold of industrial estate defended on the basis of incomplete and allegedly void service charge clause in the lease.
• Claim by adjoining property owner for breach of statutory and common law duties following unlawful demolition of a listed building.
• Claim under disputed tenancy agreement and oral agreement for 10-year occupation rights alternatively equitable interest in a residential property made habitable and refurbished by the occupier.
• Claim by purchasers of stately home against surveyors for failure to discover dry rot including claims for diminution in value and loss of profits in wedding venue business.
• Claim by agents for commission on sale of commercial development property for £10m, involving defences of regulatory breach, breach of fiduciary duty and issues of introduction.
• Claim by mortgagor against mortgagee and LPA Receiver for breach of duty to obtain a reasonable price following alleged failure to approach interested parties.
• Claim against insurer for damage caused by subsidence to residential property.
• Claim against public authority and charitable body neighbours for nuisance and negligent land-management leading to losses of dairy herd allegedly caused by stagnant water accumulating on the claimant’s land.
• Claim against solicitors for negligent drafting of onerous break clause and for invalid execution of break notice.
• Claim for misrepresentation against vendors of residential property for alleged failure to disclose details of prior flooding.
• Subrogated claim for flood damage caused by culvert overflow, by private landowner against downstream local authority landowner.
• Claim for rentalised development costs and for termination development costs of £50m on flagship development in Cardiff Bay.
• Claim by residents against power station for nuisance caused by dust emissions including claims by owner/occupiers and landlords for loss of amenity, loss of capital value and loss of rental value.
• Dispute between former long-standing friends over the terms of a number of substantial investments in developing companies and property, following the breakdown in the relationship.
• Dispute regarding the terms of a lease to be negotiated between the executors of a landlord and the business tenants of land within the deceased’s estate, arising out of allegations of understandings and agreements reached between the deceased and the tenant.
• A TOLATA dispute in respect of a substantial commercial property in north London following disagreement between the investors as to the future development of the building and realisation of the investment.
• Dilapidations dispute between private landlord and national retail chain tenant.
• Cross claims regarding validity of section 25 notice
and damages for nuisance and breach of covenant for quiet enjoyment regarding a site used for the operation of a civil engineering business.
• Claim by residential owners against adjacent site developers and engineers and consultants following serious subsidence.
• Claims between business tenants and against institutional landlord in respect of damage caused between floors in a commercial property by serious water ingress.
• Dispute as to the interpretation of a break clause and the consequent validity of a break notice under a commercial lease.
• Dispute in respect of letting agent insurance products.
• Claim by a commercial tenant against a landlord for failure to carry out works and for consequential losses in delaying the opening of a hotel and restaurant.
• Claim by neighbour against residential developer for consequential property damage.
• Dispute between local authority and developer in respect of entitlement to overage payments following the sale and purchase of freehold and leasehold interests in a 285-acre development site.
• Claims between former partners and related third-party investors under the Trustees of Land and Appointment of Trustees Act 1996.
to business tenancy.
and creation of business tenancies.
construction contract disputes.
tenancies within agricultural holdings.
solicitors’ and valuers’ negligence claims.
and creation of new agricultural holdings.
covenants between architects.
between agricultural tenants and trustees
to farm buildings and equipment and associated insurance
• Boundary disputes and rights of way.
Stuart has experience of litigating
and advising on a number
of property-related disputes.