Mark is a Managing Associate in the firm's Real Estate Dispute Resolution group, practicing in all areas of commercial and residential property law. He has extensive Court experience at High Court and County Court level both at trial and in relation to interim applications.
Most recently, he acted at trial for a tenant in opposed lease renewal proceedings where the landlord was opposing on redevelopment grounds. This case is thought to involve the first application of the 'conditional intention' test formulated by the Supreme Court earlier this year in the case of S Franses Ltd v The Cavendish Hotel (London) Limited. Judgment is currently awaited. In recent years, Mark has acted for successful claimants in two significant High Court actions: Vivienne Westwood Limited v Conduit Street Developments Limited (which considered the law of penalties in a landlord and tenant context); and Minerva (Wandsworth) Limited v Greenland Ram (London) Limited (which concerned a high-value overage dispute relating to a key development site in Wandsworth). Both cases were included in Estates Gazette's top ten cases of 2017. He has had previous successes at trial in the fields of both rights of light and estate agency commissions.
In 2017 he was shortlisted as a Rising Star of 2017 at the Estates Gazette Awards, and is the only lawyer to have been shortlisted since the Awards' inception.
In addition to representing clients in live proceedings, Mark also provides strategic advice on a range of property management related matters, including: business lease renewals (both opposed and unopposed and from a landlord and tenant perspective); dilapidations (whether interim or terminal); forfeiture (including relief applications); arrears recovery; applications for consent to assign/underlet; and property related insolvency issues (from both from a corporate/individual and creditor/debtor perspective). He has particular expertise in advising serviced office/workspace sector clients on these issues. He also provides strategic advice to developer clients in relation to the effect of real property issues and third party rights upon their future development plans.
Mark is also at home in a residential law context and regularly advises individuals on issues arising from statutory lease extensions and tenant's rights of first refusal, as well as real property disputes between neighbouring landowners.
Mark was a founding member of the junior arm of the Property Litigation Association and was a member of the Association's Executive Committee, a role he held for three years. He is now a member of the Association's Website and Marketing Sub-Committee and is currently working on the Association's approach to public relations.
Mark regularly writes for the property press and has had articles published on topics ranging from consents in property contracts, to quiet enjoyment and non-derogation from grant, to agricultural tenancies.
- Successfully acting for the claimant in Vivienne Westwood Limited v Conduit Street Developments Limited where the termination provisions in a rent concession letter were held to be penal and, therefore, unenforceable meaning the claimant continued to pay a reduced rent.
- Successfully acting for the claimant in Minerva (Wandsworth) Limited v Greenland Ram (London) Limited in a claim for around £3.75 million relating to sums due under overage provisions in a sale and purchase contract.
- Successfully represented a corporate landlord client in its claim for dilapidations against a national firm of solicitors who were tenant where a favourable offer of settlement was made by them following the cross-examination of the parties' witnesses of fact and a settlement concluded swiftly afterwards.
- Successfully defending a rights of light claim in the High Court brought by an adjoining landowner.
- Successfully acting for an estate agent in bringing a claim against a former client for non-payment of a commission.
- Successfully defending a summary judgment application brought in relation to a case concerning the interpretation of a guarantee, and successfully obtaining a security for costs order against the same defendant.
- Successfully represented a private individual in a rights of light mediation, where settlement was achieved.
- Successfully represented a corporate client in a dilapidations mediation, where settlement was achieved.
- Successfully represented a private individual in a residential lease extension claim, where a favourable determination for the client was obtained from the Tribunal.
- Experience in acting for a range of high profile clients, both landlord and tenant side, including: Capital & Counties Properties Plc; Threadneedle Property Investments; Land Securities Plc; Goldman Sachs; Hermes Real Estate Investments; Intu Properties Plc; Regus Group Companies; Glasgow City Council; TK Maxx; Vivienne Westwood Limited and CBRE Limited.
Managing Associate, Mishcon de Reya LLP
Associate, Mishcon de Reya LLP
Solicitor, Nabarro LLP
Trainee Solicitor, Nabarro LLP
BPP Law School, London
University of Essex Law (LLB)
Articles and Publications
Estates Gazette – "Be mindful of the distinctions" - E.G. 2017, 1738, 81. – a consideration of the distinction in approach that needs to be adopted in dealing with applications for consent in real property contracts.
Estates Gazette – " A fashion disaster for landlords?" - E.G. 2017, 1717, 59. – an examination of the High Court decision in Vivienne Westwood Limited v Conduit Street Developments Limited.
Estates Gazette – "Guidance needed to avoid costly disputes" - E.G. 2015, 1521, 73 – an examination of the current legal position on whether solar panels can acquire prescriptive rights to light
Estates Gazette – "Agricultural tenancies: don't come a cropper" – E.G. 2014, 1422, 80-81 – an overview of the occupational rights of agricultural tenants
Estates Gazette – "Loose talk could cost commission" – E.G. 2014, 1417, 117 – an examination of a case considering whether there was a sufficient causal connection between a property agent's performance of his duties under a retainer and the purchase of a freehold property
Estates Gazette – "Seeking sanctuary from repairs" – E.G. 2013, 1342, 118-119 – an overview of the law relating to chancel repair liability, including a summary of the key characteristics of the liability and an update on the current legal position
Estates Gazette – "Freedom from interference" – E.G. 2013, 1326, 100-101 – an overview on the extent of a landlord's obligations under a covenant for quiet enjoyment
Property Law Journal – "A question of timing" – P.L.J. 2012, 288, 2 – 5 – a discussion of Leisure (Norwich II) Ltd v Luminar Lava Ignite Ltd (In Administration)
Estates Gazette – "Don't be a Scrooge" – E.G. 2011, 1150, 56 – administrators' liability to pay rent as an expense of the administration
Property Law Journal – "Disregarding tenant improvements" – P.L.J. 2011, 278, 6 – 9 – a discussion of the High Court decision in Cordoba Holdings Ltd v Ballymore Properties Ltd
The Conveyancer and Property Lawyer – Issue 2 2008 – "Practise what you Preach" – a guide to the development of chancel repair liability in the twenty-first century.