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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, in which he has 20 years specialist experience, acting frequently both for large companies and for individuals.  Paul covers all aspects of these areas including:

Real Estate: rights of way and other easements, restrictive covenants, co-ownership disputes, mortgages, adverse possession and proprietary estoppel.  Examples of recent work include:

-       Acting for an international retailer in defending a claim to a share of profit on a property purchase.

-       Advising residential owners on the impact of restrictive covenants on a proposed development.

-       Obtaining permanent injunctions to prevent trespass to land held by a large development company.

-       Acting for the defendant individuals in a high-value proprietary estoppel claim relating to a farm.

Landlord and Tenant (Residential): rent and service charge claims, forfeiture, breach of covenant, alterations, user clauses, dilapidations, break notices and leasehold enfranchisement.

-       Applying to the First-Tier Tribunal in a contested freehold enfranchisement claim, including allegations of breach of covenant relating to alterations and user and raising issues on valuation.

Landlord and Tenant (Non-Residential): all aspects relating to commercial leases, including contested proceedings under Part II of the Landlord and Tenant Act 1954, agricultural tenancies.

-       Acting for a company in contested lease renewal proceedings under the 1954 Act.

-       Advising in a high-value dilapidations claim on termination of a commercial lease.

-       Acting for a property development company in a contested claim for arrears of turnover rent and service charge.

-       Advising on whether an implied agricultural tenancy had arisen and the effects of this.

Professional Negligence: claims against lawyers and surveyors.

-       Advising on solicitor’s negligence in the context of advice given relating to termination of a business tenancy.

Commercial and contractual disputes: contracts for the sale of land, overage agreements, freezing injunctions and other interim remedies.

-       Advising on construction of an overage agreement affecting development land.

Chancery: Wills, Trusts, Probate, Partnership disputes.

-       Advising in relation to a trust of land contained in a will where the co-owners were in dispute.

Insolvency: applications relating to property under the Insolvency Act 1986.

-       Acting for the liquidator on a claim for delivery up of residential property

Paul prioritises giving effective and practical advice, and his whole approach is geared to getting the best result for his clients.  He appears in the Court of Appeal, High Court, County Court, and Property Tribunals.

Paul is Public Access qualified and is therefore also able to accept instructions directly from members of the public.  Further information may be obtained from the Maitland Chambers clerks.

Notable Cases

Warwickshire Aviation Ltd v Littler Investments Ltd [2018] 6 WLUK 683: Led by Thomas Grant QC acting for the Defendant landlord in contested lease renewal proceedings under section 30(1)(f) of Part II of the Landlord and Tenant Act 1954

Generator Developments Ltd v Lidl UK GmbH [2018] EWCA Civ 396: Led by John McGhee QC acting for the Respondent, Lidl supermarket, on appeal to the Court of Appeal by Generator Developments a property development company, seeking a share in land purchased by Lidl relying on a Pallant v Morgan equity.

Yorkshire Water Services Ltd (1) Bovis Homes Ltd (2) v Muzycka [2018] 6WLUK 386: Acting for Bovis Homes in a claim to prevent trespass onto Bovis’ land and obstruction to Bovis’ roadway.

Everitt v Zeital [2018] EWHC 1316 (Ch): Acting for the Applicant liquidator in a claim for delivery up of a residential flat under the Insolvency Act 1986.

MooreMoore [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)

AhmedAhad (Deceased)AhmedNational 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.

CarpenterCalico 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.

Hapeshi v Alnatt [2013] 11 WLUK 583. Administration of estate.  Removal of joint executor.

Greene King PLC v Quisine Restaurants Ltd [2012] EWCA 698.  Led by John McGhee QC acting for Greene King Plc in a dispute over whether on true construction a clause in a licence agreement operated as a condition precedent to liability under a guarantee.

Bordcrest Properties LtdDevelopment 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 HapeshiAthena Allnatt [2010] EWHC 392 (Ch). Defending a claim relating to the equitable ownership of a co-owned property and applying the House of Lords decision in Stack v Dowden.

Carphone Warehouse UK Ltd v Malekout [2006] EWCA Civ 767.  Acting for Carphone Warehouse in a claim for possession against a party claiming a Rent Act tenancy.

Susan Bishop v Elizabeth Blake [2006] EWHC 831(Ch)

Iqbal v Thackrar [2004] EWCA Civ 592. A claim relating to breach of the alterations covenant under a lease of restaurant premises.

WX Investments v Begg [2002] 1 WLR 2849.  Acting for the Second Defendant in a claim relating to whether a tenant’s counter-notice in a rent review had been properly served.

Qualifications

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

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