Property Disputes

Every year Masseys LLP has been recommended by The Legal 500 for its property litigation expertise. Sean Upson, who leads Masseys' contentious property practice, was described by The Legal 500 as a 'Rising Star' in this area.

Masseys has particular strengths in Landlord and Tenant proceedings, breach of covenant disputes, rent reviews, nuisance claims, planning and professional negligence disputes.

Sean Upson practised property disputes work at Baker & McKenzie for over 10 years in London. Sean also practised for over a year in Baker & McKenzie's Sydney office acting for, amongst others, a leading hotel chain in a dispute concerning one of its resorts. Sean's experience includes injunction proceedings to allow a high-profile, Lord Foster designed project to proceed, settling a break-clause for a leading Spanish bank, acting for a leading fashion-house in a £1m estoppel dispute, acting as Advocate in Court proceedings regarding the redevelopment of a substantial part of Oxford Street, London and bringing professional negligence proceedings concerning the operation of both break clauses and the Landlord and Tenant Act 1954.

Masseys acted on a US$4,000,000 dispute over a development in the Caribbean, and is acting in a matter involving breaches of restrictive covenants (where Sean Upson is appearing as the Solicitor-Advocate at trial). Masseys is also acting in claims under the Latent Damages Act against two major property developers and bringing professional negligence proceedings against a top 20 law firm for failing to properly enfranchise a lease. Masseys achieved an overwhelmingly victory in the landmark Court of Appeal case John Thomas -v- Ken Thomas Limited [2006] EWCA Civ 15 of 244. This decision makes new law on the effect of a Company Voluntary Arrangement on a landlord's rights of forfeiture.