Philomena is an experienced property litigator. Her broad practice encompasses all areas of property law (including non-contentious matters) and related professional negligence claims. It also includes general chancery and commercial litigation. She regularly advises companies, including banks and other financial institutions, and various individuals on a wide range of real property and landlord and tenant matters. Her practice is predominantly court-based and she appears in the High Court, County Courts and the Court of Appeal.
Philomena has appeared in major reported cases on rights to light and the assessment of damages in lieu of an injunction.
Philomena has extensive experience in ADR. She has appeared in arbitrations and at mediations. She has also acted as a mediator.
Philomena is recommended for Real Estate Litigation in Chambers and Partners (since 2004) and the Legal 500 (since 1997). Recent entries describe her “a highly respected property litigator” who is “fiercely intelligent” and “very commercial”.
Philomena also undertakes regulatory and disciplinary work. She is on the prosecuting panel for the Bar Standards Board.
Philomena joined Maitland Chambers in 2002 after spending 11 years in a general common law set.
Recent Property Cases
TBAC Investments Limited (acting by Fixed Charge Receivers) v Valmar Works Limited  EWHC 1213 (Ch) – summary judgment in a claim concerning a disputed notice to complete.
Coles & Ors v Samuel Smith Old Brewery (Tadcaster) Limited and Anr 24.3.15 Chancery Division – assessment of price payable under an option agreement which contained no terms on valuation.
Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies  EWCA Civ 154 - a judge had been entitled to adopt a literal construction of the terms of a pre-emption right in a management lease.
Blueco Ltd and another v BWAT Retail Nominee (1) Ltd and others  EWHC 1135 (Ch) - commercial dispute concerning rights of pre-emption raising issues of construction and interpretation, rectification and proprietary estoppel.
Cleaver v Schyde Investments Ltd  EWCA Civ 929 – appeal concerning misrepresentation in pre-contract enquiries and the reasonableness of the standard conditions dealing with rescission.
Tetra Pak Ltd v Oracle Corp UK Ltd  EWHC 2688 Ch – acting for a landlord defending a claim for an injunction concerning the regulation of access to an office block on health and safety grounds.
Q v Q  EWHC 1874 (Fam) – intervening in matrimonial proceedings to claim ownership of a valuable property, raising issues of constructive trusts, proprietary estoppel and illegal contracts.
Prudential Assurance Co Ltd v Ayres and another  EWCA Civ 52 – an appeal on the proper interpretation of a supplemental deed in the context of an AGA and the assignment of a lease of major offices in the City.
Tamares (Vincent Square) Ltd v Fairpoint (Vincent Square) Ltd  1 WLR 2148;  1 WLR 2167;  EWHC 828; and  EWHC Civ 8809 – leading case dealing with rights to light covering liability, whether an injunction was the appropriate remedy, assessment of damage s in lieu of an injunction and costs (including on appeal).
Other Current and Recent Cases
Acting for a developer on a claim for substantial damages for building works to extend and refurbish a substantial residential property
Acting for a commercial landlord defending a claim by a tenant that it has validly exercised a tenant’s break option.
Advising on an application to the Upper Tribunal (Lands Chamber) concerning the modification of a restrictive covenant.
Acting for a commercial tenant facing forfeiture proceedings where a major landlord has substantial redevelopment plans without a break option on which it can rely.
Acting on the ownership of a substantial residential property where the parties are foreign nationals and there are issues regarding succession rights.
Advising the guarantor of a commercial lease regarding liabilities and onward claims; with related professional negligence aspects.
Acting for a commercial tenant on a claim that it has accepted the landlord’s repudiatory breaches and thereby terminated its lease obligations.
Advising a major supermarket chain on a conditional agreement to take a lease.
Notable Reported Cases
TBAC Investments Limited (acing by Fixed Charge Receivers) v Valmar Works Limited  EWHC 1213 (Ch)
Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies  EWCA Civ 154
Blueco Ltd and another v BWAT Retail Nominees (1) Ltd  EWHC 1135 (Ch)
Cleaver v Schyde Investments Ltd  EWHC Civ 929
Tetra Pak Ltd v Oracle Corp UK Ltd  EWHC 2688 (Ch)
Q v Q  EWHC 1874 (Fam)
Prudential Assurance Co Ltd v Ayres and another  EWCA Civ 52
Tamares (Vincent Square) Ltd v Fairpoint (Vincent Square) Ltd  1 WLR 2148;  1 WLR 2167;  EWHC 828; and  EWHC Civ 8809.
Donnelly v Weybridge  EWHC 348 TCC (claim for an injunction to remove unilateral notice entered to protect purchaser’s lien for deposit)
Szekeres v Alan Smeath & Co  EWHC 1733
Wormall v Wormall  EWCA Civ 1643 (appropriate remedy for proprietary estoppel)
Corbett v Halifax Building Society  EWCA Civ 1849 (effect on mortgagee’s exercise of power of sale where purchaser is a dishonest employee and transaction is at an undervalue)
Amec Developments Ltd v Jurys Hotel Management (UK) Ltd  1 EGLR 81 (assessment of damages in lieu of an injunction for breach of a restrictive covenant)
Cottingham v Attey Bower Jones  PNLR 557 (claim for failure to secure proper answer to pre-contracyt inquiries)
Rowe v Prance  2 FLR 787 (dispute regarding the beneficial ownership of a yacht).
Philomena read Classics at UCL (she has a First). She then took the conversion course and was called to the Bar in 1985.
Property Bar Association
Chancery Bar Association
Professional Negligence Bar Association