Simon Whitfield

Call 2009

whitfield@exchangechambers.co.uk

"Mr Whitfield has exceptional skills in giving oral and written advice as well as drafting. He is extremely prompt in responding to requests for advice and drafting, even with very short deadlines."

The Legal 500 2024
Photo of Simon Whitfield

Property and Planning

Simon has vast experience in advising parties to property transactions and disputes.  He acts for secured lenders, advising in disputes over the enforceability of loan agreements or security documents.  He also has extensive knowledge and experience of issues arising under the Building Act 1984, the Trusts of Land and Appointment of Trustees Act 1996 and the Building Safety Act 2022.

He acts for landlords in commercial possession claims and applications for relief from forfeiture.

He also acts for local authorities and registered social landlords in applications under the Anti-social Behaviour, Crime and Policing Act 2014.

Property & Planning Cases

Acting in contested numerous possession proceedings for various banks.

Pursuing through to trial a possession claim of a Bank where the claim raised novel points concerning unregistered interests. Permission granted to appeal to the Court of Appeal.

Resisting for a secured lender an application by the borrower for an injunction to restrain the appointment of fixed charge receivers – Houssein v London Credit Limited [2021] WL 01911016.

Acting for local authorities in claims under the Building Act 1984 concerning dangerous structures.

Advising a client concerning a contested easement/right of way.

Appearing for the Defendants at a 5 day trial concerning the demolition of a listed building – Peel v Eckersall (13 May 2021).

Acting for a housing provider in successfully pursuing an application against a managing agent for pre-action disclosure and dealing with the subsequent appeal before the Vice-Chancellor – Livv Housing Group v Shap Limited (20 April 2021).

Advising a landlord on the meaning and interpretation of break clauses in a lease.

Advising a number of management companies and tenants of housing blocks concerning liabilities for remedial works following the Grenfell Tower disaster.