William Hanbury

Call 1985

hanbury@exchangechambers.co.uk

"Self-assured before a judge."

The Legal 500 2018/19
Photo of William Hanbury

Property and Planning

Bill’s practice covers advocacy and advice in all areas of property especially disputes over boundaries, easements and rights between adjoining owners, co-ownership and estoppel claims, commercial and residential landlord and tenant, including public sector tenancies, and conveyancing disputes. He has also advised and acted for highways authorities in relation to public footpath enquiries, section 106 agreements, problems with contaminated land and enforcing local authority charges over land. General property litigation has included nuisance claims including noise nuisance and Rylands v Fletcher escape cases.

Bill regularly appears at all levels of the court and tribunal system including the Supreme Court and has been instructed in mediations about a variety of property issues including easements, boundaries and dilapidations.

Recent mediations have included the following:

  • a nuisance claim against a power station
  • two-day mediation following collapse of land
  • nuisance claim by business owner for loss of profits

Bill is consistently recommended as a leading individual in both Chambers and Partners UK and the Legal 500 guides.

Boundaries, easements and conveyancing disputes

Boundary disputes and disputes about rights of way (public and private), advice and advocacy in all types of disputes between neighbours and disputes arising from conveyancing transactions including land registration and indemnity claims. Prepared successful webinars and podcasts for the Law Society and others, including in 2019 a webinar on avoiding property fraud.

Landlord and tenant

Bill has extensive experience of all types of leasehold disputes including agricultural holdings, business lease renewal and the various types of residential tenancy protection. Recent work has included advice and advocacy on the operation of Case B notice on an agricultural holding and the correct person to serve a notice to quit an agricultural holding where there is an unregistered transfer. He has also recently conducted a number of 1954 Act renewals including successfully opposing the grant of a new tenancy under section 30(1)(f) and negotiating a new lease at court for business partners and a case on whether land constituted part of the “holding” for the purposes of section 23 of the 1954 Act.

Rectification and other claims before property tribunals

Bill has extensive experience of the Land Registration Act 2002 on which he has written and lectured widely, conducting webinars for CLT, the Law Society and other bodies as well as being a facilitator for the Chancery Bar Association at their annual conference. He has advocacy experience before the Adjudicator to HM Land Registry and his successors, the Lands Chamber and in court. Bill has recently conducted a large number of successful mediations as an advocate including in a dispute over the negotiations between a landlord and tenant over the terms of a new business lease and whether there was a surrender and regrant or variation of the existing term.

Professional negligence arising out of property transactions

Negligence and breach of duty claims arising out of the misselling of mortgages and other financial products linked to property, equity release schemes and their aftermath, liability of banks and building societies and possible clawback of losses from professional advisers. Bill’s webinars for CLT have included one in 2012 on financial misselling and he has appeared in interest rate swap cases. He has also advised and appeared in a number of solicitor’s negligence claims arising out of property transactions and loss of chance claims in the litigation field.

Business rates

Bill has advised both billing authorities and rate payers in relation to liability for non-domestic rates and avoidance measures. He has appeared at most levels of the court and tribunal system including acting for the Oyston Angel Charity in Preston City Council v Oyston Angel Charity [2012] EWHC 2005 in the High Court in which it was successfully argued that the premises concerned, which were held by the charity, qualified for zero rating. He has also been instructed in a large number of liability proceedings where avoidance measures had been taken to reduce liability for unoccupied premises.

Town and village greens

Appearing both in court and in public inquiries, including representing the registration authority at the inquiry into the Churchfield site in Kirklees and the landowner in R (On the application of Barkas) v North Yorkshire County Council and Scarborough Borough Council [2014] UKSC 31 before the Court of Appeal and Supreme Court.

Property and Planning Cases

In 2017 appearing in an important business rates’ case for a local authority relating to the port of Goole and the backdating regulations arising out of the disappearance of the “Cumulo” method of rating valuation and the introduction of individual rating of port operators.

Re: The Croft (Bickershaw) Limited [2017] UKUT 339 (LC) (whether objector had locus standi)

Pye v Stodday [2016] EWHC 2454 (Ch) (whether a notice to quit served during the registration gap is effective to terminate a tenancy of an agricultural holding)

R (on the application of Barkas) v North Yorkshire County Council and Scarborough Borough Council [2014] UKSC 31 (whether a recreation ground can be registered as a town or village green)

Preston City Council v Oyston Angel Charity [2012] EWHC 2005 (liability of a charity for business rates on unoccupied premises)

Shand v Morgoed Estates [2010] 1 EGLR 149 (liability for rent charges)

Jacklin v Chief Constable of West Yorkshire [2007] EWCA Civ 181 (right of way dispute-whether an injunction appropriate)

Margram PLC v Dorant Limited [2006] All ER (D) 212, (construction of rent review clause)

Bradford and Bingley PLC v Rashid [2006] EWHL 37 (mortgage shortfall claim-limitation and without prejudice admissions in a mortgage claim before the House of Lords)

North Yorkshire Trading Standards v Dacre Son and Hartley, [2005] 1 EGLR 11 (Property Misdescriptions Act 1989)

Hatton v Chafes [2003] PNLR 24 (solicitor’s negligence and limitation)

Keelwalk v Waller and Griffith [2002] 3 EGLR 79 (proprietary estoppel and ground leases)

R v Bradford MDC ex parte Pickering (2001) 33 HLR 38 (meaning of “owners interest”)

Broadway v the Putney Club and USSR Club [2001] RA 145 (rating appeal before the Lands Tribunal)