Property and Planning


Josh is a highly experienced chancery commercial barrister, his practice encompassing all aspects of commercial litigation, property and landlord and tenant, wills, trusts and probate, insolvency, company, customs and excise duties and VAT.

He has particular experience at dealing with the full spectrum of property matters including all aspects of real property from land contracts to boundaries and trespass and nuisance, and landlord and tenant disputes including commercial, agricultural, rent reviews and rates issues. He can also deal with professional negligence claims for solicitors and surveyors.

Josh also has substantial experience in representing clients involved in cases before tribunals, in particular in the First-Tier Tribunal Tax Chamber, in the Lands Tribunal and before the Land Registry Adjudicator.

Property & Planning Cases

Recent instructions in relation to real property:

• Trial of boundary dispute in relation to new build property bought from plan

• Instructions in respect of transaction at undervalue to defeat enforcement of financial order in matrimonial proceedings

• Injunction following threatening behaviour at business premises

• Instructions from lender in respect of construction of legal mortgage

• Claim to right of way based on grant and prescription

• Trial in respect of exercise of undue influence against vulnerable person by second wife coupled with claim by second wife for provision under the Inheritance (Provision for Family and Dependants) Act 1975

Recent instructions in relation to landlord and tenant:

• Appeal to High Court from decision of Rent Assessment Committee (reported as R (On the application of Triplerose Ltd) v (1) Bonner (2) RAC [2012] EWHC 2306)

• Forfeiture of pub lease

• Phone mast leases

• Forfeiture of long leases and construction of service charge provisions

• Drafting leases to take effect on enfranchisement

• Possession and disrepair in respect of assured shorthold tenancy

• Successful defence in respect of claim for ground rent