Gary practises in all aspects of property law, property damage, professional negligence and commercial chancery litigation.
In addition to landlord and tenant and real property cases, Gary is experienced in property damage, professional negligence and civil fraud claims.
In 2018 Gary appeared successfully in P&P/Dreamvar, the landmark Court of Appeal case on property identity fraud, Gibbs v Lakeside Developments Limited, a Court of Appeal case about unjust enrichment and the law of forfeiture and the Chancery appeal in Devere v LB Hounslow concerning the unlawful mooring of houseboats in Brentford.
Gary’s versatility often leads him to work outside mainstream property law. Recent instructions have included, advising on the strategic reorganisation of housing stock for local authorities, a £10 million personal injury claim concerning defective premises and a multi- million pound planning related professional negligence claim. In recent years he has also developed a practice in property damage cases, particularly those caused by fires and floods.
Gary regularly receives praise for his approachability, the fact that he is an adept team leader, the dedication he brings to his cases and the commercial, practical advice he provides.
Gary is a Bencher of Middle Temple. He is a member of the Estates Committee and the Equality, Diversity and Social Mobility Committee.
Gary is currently the Vice Chair of the Bar Council’s Pro Bono and Social Responsibility Committee.
In October 2020 Gary was appointed a Recorder of the Crown Court sitting on the South Eastern Circuit.
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Civil Fraud
Current and recent instructions include:
- Acting for investors in a failed £30 million building development in Manchester
- Acting for a mobile park owner in a fraudulent misrepresentation claim arising out of the alleged misselling of park homes in a site in Yorkshire
- A fraud claim worth £4 million between members of a Belgian family
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Commercial
Current and recent instructions include
- A multi-million pound claim arising out of the sale of one of the world’s leading golf courses
- Acting for investors in a failed £30 million building development in Manchester
- An appeal dealing with the limits of the remedy of unjust enrichment where a lawful possession has taken place
- A multi-million pound contractual dispute in relation to an internet cinema ticket booking system in the USA
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Landlord and Tenant
Current and recent instructions include:
- A 1954 claim for one of the world’s leading fashion retailers concerning the redevelopment of its flagship London store
- 1954 Act proceedings involving a high profile mixed use development in West Hampstead
- A dilapidations claim concerning a large office block in the City of London
- Advising Network Rail and Sainsbury’s in relation to development and landlord and tenant issues
- Advising leading UK restaurant groups about the rapidly evolving restaurant property market
- A rent review dispute in relation to Oxford Street premises occupied by a well-known fashion retailer
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Professional Negligence
Current and recent instructions include:
- Acting for the victims of a large property identity fraud in the landmark P&P/Dreamvar litigation
- Acting for a claimant in relation to the negligent lease extension of a multi-million pound property in West London
- A multi-million pound solicitor’s negligence claim concerning investments in photo voltaic plants in Greece
- A £2 million professional negligence claim on behalf of Henry Hallowes – once described as “Britain’s richest tramp” in relation to an alleged failure to register easements
- A multi million pound claim against a leading town planning consultancy in respect of an application for a change of use for a community mental health hospital
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Property Damage
Current and recent instructions include:
- A 10 day TCC trial dealing with water contamination at a factory
- A TCC claim arising from a fire at a university science park
- An engineering dispute in the TCC about the failure of cooling systems installed in a bank’s data centre
- A landlord and tenant case where a fire had caused significant damage to a multi-million pound flat
- A dispute about damage caused when a pond flooded a multi-million pound house in Surrey
- Acting in a £10 million personal injury claim for a high profile public body arising out of allegations of defective premises
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Real Property
Current and recent instructions include:
- A £5 million claim concerning parking rights at an office site in Brentford
- Advising leading UK restaurant groups about the rapidly evolving restaurant property market
- A boundary dispute in Kensington involving properties worth in excess of £10 million
- Acting in a dispute over the development of a large former hospital in London
- Advising numerous local authorities in relation to the reorganisation of housing stock
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Notable Cases
Below is a selection of Gary’s recent reported cases.
- Tejani v Fitzroy Place Residential Limited [2020] B.L.R 571
The court examined the principles as to when parts of a particulars of claim should be struck out in a noise nuisance claim. - Fishbourne Developments Ltd v Stephens [2020] EWHC 932 (Ch)
The issue before the court was whether an option had been exercised by virtue of a planning permission obtained by the Claimant. The Court went on to hold that “development” meant development of a new building albeit this did not have to be for agricultural use and “development of the Property” meant development of substantially the whole of the farm land which was the subject of the option. - In the matter of Pinnacle (Angelgate) Limited (in Liquidation) [2020] EWHC 141 (Ch)
Gary appeared together with Isabel Petrie in this case about the failed residential development known as Pinnacle Angelgate Manchester.They successful recovered some of the investments made in the project by individual investors. The majority of the close to £30 million invested was lost as the developer went into administration and then liquidation.The case concerned how the proceeds of sale of the site together with other invested sums which had not been spent by Pinnacle and totalling over £6 million should be distributed. - John Innes Foundation & ors v Vertiv Infrastructure Limited [2020] EWHC 19 (TCC); [2020] PNLR 13; [2020] TCLR; 188 Con LR 77 (Roger ter Haar QC)
Gary appeared for the successful Defendant Vertiv in striking out a £3 million property damage professional negligence claim.The claim concerned a fire at the Genome Centre at Norwich Research Park. It was held that Vertiv did not owe a duty of care to the freeholder or leaseholders whose property was damaged by the fire.
- Tejani v Fitzroy Place Residential Limited [2020] B.L.R 571
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Recommendations