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Paul Clarke

Call 1997

pclarke@maitlandchambers.com

Paul’s practice concentrates on the areas of real estate and landlord and tenant.  His real estate work includes rights of way and other easements, restrictive covenants, co-ownership disputes and mortgages.  His landlord and tenant work covers commercial and residential disputes including contested lease renewals, dilapidations, service charge disputes, break notices and leasehold enfranchisement. He has appeared recently in the Court of Appeal, the High Court, County Court, Lands Tribunal and Leasehold Valuation Tribunal.

Paul’s practice also covers other areas of law including professional negligence, in particular relating to solicitors and surveyors, general commercial and contractual disputes, freezing injunctions and other interim remedies, partnership, wills and probate and other more traditional chancery areas.

Notable Cases

Moore v Moore [2016] EWHC 2202 (Ch) Led by Nigel Thomas acting for the Defendants in a promissory estoppel claim relating to a farm.

Generator Developments LLP v Lidl Uk GMbH [2016] EWHC 814 (Ch) Led by Alan Johns QC acting for the Defendants in a claim by a developer against Lidl based on an alleged joint venture equity.

Ahmed v Ahad (Deceased), Ahmed v National Westminster Bank Plc [2011] EWCA Civ 51, [2011] All ER (D) 29 (Feb). An appeal to the Court of Appeal over a possession order arising out of a partnership dispute relating to commercial premises.

Carpenter v Calico Quays Ltd [2011] EWHC 96 (Ch), [2011] All ER (D) 212 (Jan). Led by John McGhee QC in a claim relating to the extent and purposes of a right of way to commercial premises.

Bordcrest Properties Ltd v Development Planning Partnership LLP [2010] EWHC 644 (Ch), [2010] All ER(D) 182 (Apr). Resisting an application for summary judgment which considered the effect of a break notice in a commercial lease and principles of waiver and estoppel.

Kyriacos Costas Hapeshi v Athena Allnatt. A claim relating to the equitable ownership of a co-owned property and applying the House of Lords decision in Stack v Dowden (2007) UKHL 17, (2007) 2 AC 432.

Qualifications
MA Philosophy and English (St And)
CPE Diploma in Law

Notable Cases

Moore v Moore & Till Valley Contracting Ltd (2016)

Generator Developments LLP v Lidl UK GMBH (2016)

Greene King PLC v Quisine Restaurants Ltd (2012)

Kyriacos Costas Hapeshi v Athena Allnatt (2010)

Carphone Warehouse UK Ltd v Cyrus Malekout (2006)

Susan Bishop v Elizabeth Blake (2006)

Mohammed Iqbal v Rupa Thakrar (2004)

WX Investments v Khalida Begg (2002)

Testimonials

Legal 500 UK

Property Litigation

Rated in the UK Legal 500 are the "practical solutions" of Paul Clarke

Legal Experts, 2012

Commercial Litigation & Property