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MC CUK 2016
 

Mark Wonnacott QC

Call 1989
Silk 2013

mwonnacott@maitlandchambers.com

Mark is a property litigator. If it is attached to the ground, he litigates about it. His cases are often reported in the Estates Gazette and elsewhere, and he sometimes acts as an arbitrator in property disputes. The dustier corners of land law are his favourite.

Representative cases

Vivienne Westwood v Conduit Street Devpts [2017] EWHC 350 (Ch) (penalty rents)
Watts v Stewart [2017] HLR 8 (almshouses)
Perenco v Bond [2016] EWHC 1498 (TCC) (mining compensation)
SEPT v Laindon [2016] EWCA Civ 377 (fixtures, remoteness)
Sainsbury’s v Bristol Rovers [2015] EWHC 2002 (Ch) (conditional contracts)
Friends Life v A&A Express [2014] EWHC 1463 (commercial service charge)
Siemens v Friends Life [2014] EWCA Civ 382 (options: blue paper/pink paper)
Bywater v Oswertry [2014] EWHC 310 (Ch) (rent review)
Sunlife v Tiger [2013] 2 EGLR 55 (terminal dilapidations)
Walby v Walby [2013] 1 EGLR 111 (easements of necessity)
London Tara v Kensington Close [2012] 2 All ER 554 (prescription)
Berrisford v Mexfield [2012] 1 AC 955 (certainty of term)
Dance v Savery [2011] EWCA Civ 125 (rights of common)
Neale v Witney Electric Theatre [2011] EWCA Civ 1032 (interim rent)
Mexfield v Berrisford [2011] Ch 244 (certainty of term)
Mayor of London v Hall [2011] 1 WLR 504 (Parliament Square protest)
John Smith v Hill [2010] 2 BCLC 556 (nuisance to rents)
Lidl v Just Fitness [2010] EWHC 39 (arbitration res judicata)
Van Dal v Ryman [2009] 1 All ER 883 (terminal dilapidations)
Brooker v Unique [2009] 49 EG 72 (public house rents)
Somerfield v Spring [2009] EWHC 2384 (renewal against administrators)
Walker v Kenley [2008] EWHC 370 (overage)
Sava v SS Global [2008] EWCA Civ 1308 (adverse possession)
Homepace v Sita [2008] 1 P & CR 436 (invalid expert determination)
Roberts v Crown Estate [2008] Ch 439 (manorial rights)
Princes House v Distinctive Clubs [2007] L&TR 34 (service charge)
HSBC v Quinn [2007] All ER (D) 125 (formalities)
Roberts v Swangrove Estates [2007] 2 P & CR 17 (adverse possession)
Tamares v Fairpoint [2007] 1 WLR 2167, 2148 (rights to light)
Pointon v Poulton (2007) L&TR 8 (incorporeal occupation)
Hickey v Haringey LBC (2006) HLR 36 (non-secure tenancies)
Legends Surf Shop v Sun Life (2006) BCC 204 (administrator's AGA)
Riverside v Blackhawke [2005] 1 EGLR 214 (terminal dilapidations)
Green v Alexander Johnson (2005) PNLR 45 (enfranchisement negligence)
UCB v Hedworth (No.2) [2003] 3 FCR 739 (mortgage subrogation)
Day v Coltrane [2003] 1 WLR 1379 (payment by cheque)
UCB v Hedworth (No.1) Times, 13.6.02 (possession)
Jewell v McGowan [2002] 3 EGLR 87 (meaning of "agriculture only")
Sun Life v Thales [2001] 1 WLR 1562 (validity of s.26 notice)
Fuller v Happy Shopper [2001] 1 WLR 1681 (set-off against rent)
Floyer Acland v Osmond [2000] 2 EGLR 1 (case B notice to quit)

Publications
What is a reversion upon a lease? (2014) 130 LQR 635
The History of the Law of Landlord and Tenant in England and Wales, Lawbook Exchange, 2012
Possession of Land, CUP, 2006
Drafting Property Pleadings, EMIS, 1997

Qualifications
LLB (Lond) BA (Lond)

Testimonials

Chambers UK

Agriculture & Rural
"He does this work properly; he's impressive all round." (2017)
"He knows traditional agricultural law inside out, and has a sizeable and busy practice" (2016)

"A strong all-round property litigator, who is recognised for his particular expertise in cases concerning rights of way, manorial rights and agricultural tenancies." (2015)

"Easily one of the most impressive real estate barristers I have come across." (2013)

"Highly experienced" "a real fighter who gives every case his all." (2012)

"Terrifyingly clever" "a very strong character with excellent legal instincts." (2011)

Chambers UK

Real Estate
"He is so level-headed and he gives direct advice." "He's a no-nonsense, straight-talking QC and he's very smart."  (2017)
"He is absolutely brilliant. A genius who always finds another angle." "He's incredibly clever and incredibly erudite". (2016)

"His sheer intellect and gravitas instil complete confidence in clients." "He provides concise, understandable and commercial advice when dealing with complex matters." (2015)

"A highly renowned property litigation silk with a particular interest in land law." "He is acclaimed by clients for his innovative approach and his ability to identify unusual angles in cases." "A true expert in this field with an almost encyclopaedic knowledge of property law, he provides very commercial and robust advice." (2014)

"An incredibly bright technical lawyer who thinks outside the box." "razor-sharp, decisive and no-nonsense; he'll just tell you how it is." (2013)

"A great talent, who is thorough and dependable," "unusual, technically challenging arguments - for anything tricky, he is your man." (2012)

Legal 500 UK

Property Litigation
"An excellent barrister with a distinctive style – he is a master of his trade." (2016)

"A real star; concise and clear in his opinions, with good client skills." (2014)

"Sees points other miss." (2013)

"First-class" "he is creative, commercial and provides a very high standard of service." (2012)

"Brilliant litigator." (2011)

"a fierce and effective litigator." (2010)