'Pound-for-pound the best property litigation team in South Wales', Berry Smith provides 'tactically astute and robust' advice to developers, landowners and financial institutions on disputes concerning rights over land and landlord and tenant matters. 'Outstanding' team head Simon Care has 'gravitas beyond his years', ensuring that he is a popular choice among private individuals and companies across a wide range of matters, including those seeking declaratory/injunctive relief relating to rights of way and boundary disputes. As part of his wide-ranging litigation prowess, Iwan Doull regularly handles property-related matters, including for the Welsh government, which he continues to defend on high-profile nuisance claims brought by the landlord and tenant of adjoining land relating to flooding. A 'quintessential safe pair of hands', senior associate Lauren Parsons has 'a very strong eye for detail' and often supports both Care and Doull on their mandates.
Property litigation in Wales
Berry Smith
Responsables de la pratique:
Simon Care
Autres avocats clés:
Iwan Doull; Jane Rees; Lauren Parsons; Emma-Jayne Scullion
Les références
‘The top-notch team has excellent knowledge.’
‘Berry Smith is, pound-for-pound, the best property litigation team in South Wales.’
‘They are tactically astute and robust but also have a firm eye on the commerciality of the outcome.’
Principaux clients
Welsh Government
Conway Mews Management Company
MK11 Limited
Rivercrest Investment Limited
Mr & Mrs Cooper
Carmarthenshire County Council & Ceredigion County Council
Space Place Self Storage Ltd
Principaux dossiers
- Represented a management company in a complex right of way dispute, the outcome of which would have impacted on the value of the properties, as it involved parking spaces, which are at a premium in the local area.
- Defending two separate nuisance claims for the Welsh government brought by the landlord and tenant of adjoining land. The claims relate to flooding, which the claimants allege was caused by major development works on the land owned by the Welsh government.
- Advised Carmarthenshire County Council and Ceredigion County Council in respect to their roles as harbour authorities with responsibility for ports in their areas, where the same port operator was failing to comply with obligations.
Blake Morgan LLP
At Blake Morgan LLP, team head Siân Jones has vast property litigation experience, particularly as it relates to commercial and residential landlord and tenant disputes. Jones is also noted for her work in the social housing space, including from a risk management perspective in relation to the recently enacted Renting Homes (Wales) Act 2016. Senior associate Tanya Barrett is also key to the social housing practice, regularly acting for residential social landlords (RSLs) in possession and antisocial behaviour cases. As part of his varied property litigation workload that also includes, inter alia, conventional dilapidation claims and lease renewal proceedings, Adam Carbis also has niche expertise in advising the Welsh government on compulsory purchase compensation matters.
Responsables de la pratique:
Siân Jones
Autres avocats clés:
Adam Carbis; Tanya Barrett
Principaux clients
Welsh Government
Canary Wharf Group
Vale Europe Limited
Swansea University
Cardiff University
Wales & West Utilities Limited
Swansea County Council
PHS Group
Royal National Institute for the Blind
Shanly Homes Limited
Principaux dossiers
- Acting on behalf of an acquiring authority in relation to a multimillion-pound claim for compensation under the Land Compensation Act 1961 relating to the compulsory purchase of land as part of a substantial infrastructure project.
- Advising Canary Wharf Group on its retail portfolio management including tenant insolvency, forfeiture, rent recovery, dilapidations, enforcement of tenant covenants and break clauses.
- Advised Bron Afon Community Housing in relation to a challenge to the recoverability of service charge costs for major works in the Leasehold Valuation Tribunal.
Eversheds Sutherland (International) LLP
Leveraging ‘a good knowledge of the UK real estate market’, Eversheds Sutherland (International) LLP excels in providing ‘concise and effective’ advice to clients within industries that are overarching strengths for the firm as a whole, including transport, energy and utilities. ‘Excellent’ team head Rob Phillips delivers ‘high-quality advice’ on many of the key mandates within these sectors and has niche expertise in advising on property rights regarding mines and minerals. Phillips also regularly advises financial services clients, including REITs, SIPPs and propcos, on their ongoing contentious real estate requirements, as does principal associate Daniel Gilligan, who is noted for his ability to set out ‘the options available with pros and cons for each’.
Responsables de la pratique:
Rob Phillips
Autres avocats clés:
Daniel Gilligan; Amy Acres
Les références
‘Eversheds has a good knowledge of the UK real estate market, commercial clients and how to achieve results in a cost-effective and timely manner.’
‘They always present their legal advice in a concise and effective manner and incorporate commerciality into their recommendations on how to resolve a legal issue.’
‘They explain positions clearly and concisely to allow stakeholders to make informed decisions based on real-world advice.’
Principaux clients
SEGRO Plc
Legal & General (IPIF)
Telereal Trillium
The Local Retail Fund
Taylor Wimpey
GSK
National Grid
RWE Renewables
EDF Energy
Network Rail
Geldards LLP
Geldards LLP provides 'sound and to-the-point advice' to private and public sector clients across a wide array of disputes, running the gamut from advice on rights of way disputes and adverse possession, through to commercial landlord and tenant disputes regarding dilapidations and rent arrears. Leveraging 'vast experience combined with wisdom and a client-friendly manner', team head Ed Meggitt's own practice is reflective of the overall diversity of work handled by the team, being as comfortable handling ongoing property portfolio matters for retail clients as he is advising on abstruse legal issues relating to water law, including recent advice to the Environmental Agency involving the right of boat owners to moor on the Thames. 'At the top of her game', Nicola Lawrence provides 'thorough and commercially driven advice' to commercial landlords on portfolio management matters, as well as regularly advising local authorities across an array of property litigation. Senior associate Llinos Davies is 'responsive, knowledgeable and easy to deal with' and continues to develop particularly strong ties with national retailers, which she regularly advises on lease renewal proceedings.
Responsables de la pratique:
Ed Meggitt
Autres avocats clés:
Nicola Lawrence; Llinos Davies
Les références
‘They provide sound and to-the-point advice.’
‘They are well embedded into the world of property and environmental litigation. They have particular expertise in water law cases.’
‘The client-focused and highly experienced team provides quality commercial advice across its national practice.’
Principaux clients
Natural Resources Wales
Wales Millennium Centre
Environment Agency
Welsh Government
Swansea City Council
The Barnet Group
National Grid (Formerly Western Power Distribution)
Inspop.com Limited
WTF Limited
Principaux dossiers
- Advising Swansea City Council on commencing proceedings for forfeiture of the lease following breaches of covenant by its tenant at Swansea Airport.
- Advising the Environment Agency on commencing proceedings for possession concerning a stretch of the River Thames.
- Defending Wales Millennium Centre against a claim for statutory nuisance concerning its alleged use of its digital media screen.
Acuity Law
Under the leadership of Jennifer Butcher, the 'first-rate' team at Acuity Law provides 'very high-quality' advice to a growing and diverse client base that includes developers, landlords and tenants, and high-net-worth individuals. As well as handling a significant volume of conventional disputes, including as these relate to dilapidations, lease renewals and adverse possession, Butcher has been increasingly active in handling Building Safety Act matters relating to fire safety-related latent defects. She also handles work for the firm's impressive roster of housing association clients, as does 'outstanding' consultant partner Neil Morgan, with both handling, inter alia, housing management cases.
Responsables de la pratique:
Jennifer Butcher
Autres avocats clés:
Neil Morgan
Les références
‘The output of the property litigation team is of a very high quality. They are across every detail and have a focus on excellent client service and first-class legal analysis that is commercially astute.’
‘Has the reach and back-of-office support of a big firm with direct access to partner-level expertise.’
‘Jennifer Butcher leads a first-rate team of property litigators. She runs an operation that is slick, efficient and highly regarded.’
Principaux clients
Valleys to Coast Housing Limited
Bro Myrddin Housing Association
Coastal Housing Group
Principaux dossiers
- Advising Valleys to Coast Housing Ltd in connection with housing disrepair cases and other commercial property litigation.
- Advising Bro Myrddin Housing Association in connection with housing management cases.
Darwin Gray
Led from Cardiff by Rhodri Lewis, Darwin Gray LLP has a strong reputation among Wales-based housebuilders, local authorities, developers and housing associations for its ability to advise, in the Welsh language if necessary, across a wide range of property-related matters, from rights over land to landlord and tenant and lease disputes. Bangor-based senior associate Siôn Fôn is ‘sensible, empathetic and bright’ and central to the firm’s efforts to build up its client base in north Wales.
Responsables de la pratique:
Rhodri Lewis
Autres avocats clés:
Siôn Fôn
Les références
‘The excellent Siôn Fôn is sensible, empathetic and bright.’
Principaux clients
Adra Housing Association
Barcud Housing Association
National College of Wales/ Coleg Cymraeg Cenedlaethol
Welsh Language Commissioner
Farmers Union of Wales
Menter a Busnes
Mudiad Meithrin
Principaux dossiers
- Advised a care home with multiple sites on multifaceted claims with its landlord and the termination of all its tenancies.
- Acted for a large Welsh housing developer regarding removing trespassers and dealt with a significant title discrepancy which could have halted a multimullion-pound development.
- Advised a South Wales local authority on recent developments in Welsh housing law and the implementation of the Renting Homes Wales Act.
Dolmans
Although it handles some work in the private sector, Dolmans is undoubtedly best known for its public sector work for local authorities as either claimants or respondents. As well as handling conventional cases, including allegations of disrepair and adverse possession, the firm is also picking up an increasing number of public nuisance mandates, including as these relate to flooding and Japanese knotweed infestation. Philip Bradley heads the team.
Responsables de la pratique:
Philip Bradley
Autres avocats clés:
Simon Evans; Peter Bennett; Claire Thomas
Principaux clients
Ageas Insurance Ltd
Kudos Insurance Brokers Limited
Atlantic Recycling Ltd
Principaux dossiers
- Ongoing assistance provided to a local authority in connection with multiple claims for housing disrepair from different legal firms using different tactics.
- Ongoing assistance provided to a local authority in connection with multiple claims, involving claims initiated by the council for possession proceedings or defending adverse possession claims from various applicants.
Hugh James
Recognised as ‘a safe pair of hands’ and drawing upon deep knowledge of developments in the real estate sector, Hugh James provides ‘thorough and considered advice’ to private, public and third sector clients across a myriad of contentious matters. The firm is also very highly engaged in the market from a risk management perspective, as was recently exemplified by team head Rebecca Rees‘ work for a raft of very large landlords in relation to the implementation of the Renting Homes Wales legislation, which was recognised as being ‘second to none’. Rees also has a ‘breadth of experience and connections’ within the social housing sector, ensuring she is a popular choice among RSLs across a range of contentious work. Jo Brown is a key contact including for contentious property advice in the hospitality and telecoms sectors. Former team head James Hastings is now a consultant to the firm.
Responsables de la pratique:
Rebecca Rees
Autres avocats clés:
Jo Brown
Les références
‘The team is knowledgeable and thorough. They not only keep on top of legal developments but also general developments in the sector so that they can advise their clients on both legal, practical and commercial considerations.’
‘The team is a safe pair of hands. We know we can rely on them to provide thorough and considered advice and make a recommendation that takes into account our legal, regulatory and commercial considerations.’
‘Rebecca Rees – superb legal knowledge – she is one of the best in the sector. Her work on Renting Homes (Wales) 2016 was second to none.’
Principaux clients
Natural Resources Body for Wales
Hafod Housing Association
AP Wireless
Conwy County Borough Council
The Southern Co-operative Limited
Pobl/Coastal Housing Association
Persimmon Homes
Trivallis Limited
Principaux dossiers
- Advised a group of 28 landlords owning over 150,000 properties on implementing significant contractual change in the rented sector following the Renting Homes Wales legislation.
- Advised Hafod Housing Association on the development of affordable housing in the market town of Cowbridge which attracted significant local opposition and a judicial review challenge.
JCP Solicitors
Now under the leadership of the 'outstanding' Jonathan Flynn, following the departure in November 2023 of Sarah Davies to the judiciary, JCP Solicitors maintains a 'very talented group of lawyers across all levels of seniority', which is skilled at providing 'user-friendly and responsive' advice to a wide range of clients spanning government agencies, landed estates and commercial developers through to private individuals. Drawing upon 'very sound judgement and good instincts', Flynn is particularly skilled at handling disputes within the commercial real estate market, settling matters through ADR methods if necessary. Cardiff-based agriculture head Rhys Evans has a 'strong appreciation of rural affairs and the needs/interests of his clients', ensuring he is well positioned to advise across a range of issues in the sector, including as these relate to boundary disputes and landlord and tenant issues. Benjamin Davies, who was promoted to partner in April 2024, has a focus on residential disputes and those concerning obtaining possession.
Responsables de la pratique:
Jonathan Flynn
Autres avocats clés:
Rhys Evans; Benjamin Davies
Les références
‘They have a talented range of lawyers across all levels of seniority and across all areas of specialism: residential, commercial and agricultural property.’
‘The firm has strong links with the community.’
‘The team is very user friendly and responsive.’
Morgan LaRoche
The Swansea-based team at Morgan LaRoche has 'an excellent following in South Wales and beyond' among commercial clients and private individuals, which are appreciative of its ability to bring 'a commercial perspective to all sorts of difficult property problems'. Team head Jason Williams combines 'great knowledge of property law and the property industry with commercial common sense and judgement' and has a superb track record on behalf of clients at both trial and appellate level. Ashley Davies 'excels in finding practical solutions for his clients', including developers, mortgage lenders and estate owners, across a variety of disputes, including as these relate to adverse possession, repossession and boundaries.
Responsables de la pratique:
Jason Williams
Autres avocats clés:
Ashley Davies
Les références
‘They have an excellent reputation in the industry.’
‘The practice provides astute business awareness to its clients and is able to quickly identify legal issues and commercial interests.’
‘Excellent quality of work undertaken and first-class customer service received.’
Principaux clients
AMP Energy Services Limited
Arthur Bassett & Co Limited
Centurion (Parc Tawe 1) Limited
Stori Cymru
Peter Reynolds Properties Limited
Hallmark Care Homes
Ynys Ystrad Cyf
Cawdor Cars
Cylla Homes Limited
Cefn Management
M&D Care Holdings Limited
Metro Property Investments
Kartay Holdings Limited
Esterkin Group
Elias Enterprises Limited
Enzo’s Homes
Colosseum Dental UK Limited
Swansea Building Society
Penllergaer Estates
Swansea University
Principaux dossiers
- Successfully represented a Thailand-based private individual in the recovery of ownership of a residential property and sums of money unlawfully taken by his former step-daughter.
- Advising a private individual on potential claims arising from flooding to his residential and investment properties following the construction of a residential property development on a previously green field site adjoining his properties.
- Advising Elias Enterprises on a matter expected to be listed for trial during 2024 which relates to a claim for adverse possession of an industrial site acquired by the client’s predecessor companies in 1950.