Clifford Chance's experienced real estate litigators act on the full range of property disputes in Courts, Tribunals, Expert Determinations and Arbitrations, and also advise clients on property litigation risk avoidance in transactions.
Our real estate litigation team offers clients practical and innovative dispute avoidance in transactions based on a close working knowledge of the sector.
Working from within the real estate practice, our specialist property litigators understand your commercial objectives and are skilled at identifying and resolving issues at an early stage.
Our team focus on complex and high value property litigation and advisory work for a diverse range of clients, including both commercial entities and high net worth individuals, landlords and tenants, developers, owners of property assets, property institutions, financial institutions, hoteliers, retailers, manufacturers and insolvency practitioners.
Our advice during the negotiating and documenting of transactions helps you to avoid or minimise the disruption and cost of any subsequent dispute. The team offer risk analysis and assessment in conjunction with our transactional colleagues, so that risks can be identified and minimised at an early stage.
Our real estate litigation team act for clients in property litigation in the County Courts, High Court, Court of Appeal, the Tribunals, and in Arbitrations, Expert Determinations and Mediations.
The range of matters we deal with include:
- Asset Management disputes acting for the owners of extensive property portfolios in the UK and in Europe, including dealing with terminations and disputes over fees and the interpretation of contractual provisions in Asset Management Agreements, both in expert determinations and in Court
- Acting for clients in contractual disputes arising out of issues connected with Brexit, including acting for Canary Wharf Group in its dispute with the European Medicines Agency ((Canary Wharf BP4) T1 Ltd v European Medicines Agency). The team have instructed Joanne Wicks QC and Jonathan Chew of Wilberforce Chambers to act for the client in relation to matters of Property Law, whilst Lord Anderson KBE QC is dealing with European Law issues. The Agency is arguing that its 25-year lease of premises at Canary Wharf will be frustrated (come to an end automatically) when the UK leaves the European Union. Canary Wharf Group is seeking a declaration so that the Agency is clear that its lease obligations will not be affected by Brexit
- Alienation/alterations disputes relating to application for landlord's licence
- Rent review: issues of interpretation, strategy, obtaining review evidence, preparation of submissions and handling oral hearings
- Lease termination: forfeiture, break notices and notices to quit
- Repairs: interim and terminal schedules
- Services: enforcement of landlord's obligations to provide services and disputes as to service charge recovery
- Security of tenure: dealing with strategy and proceedings in relation to contested and non-contested renewals
- Insolvency: liquidation, administration and receivership of landlords, tenants and sub-tenants
- Tenant disturbance: breach of quiet enjoyment/ nuisance
- Professional negligence: including claims against solicitors, valuers and agents
Clients make extensive use of our advocacy capabilities within our unit. We also have a CEDR accredited mediator within the unit who takes appointments and advises clients on alternative dispute resolution.