About
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 recent years 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. He has also appeared in Chancery appeals in Devere v LB Hounslow concerning the unlawful mooring of houseboats in Brentford and in Jafari v Tareem Limited a case about noise nuisance and which was listed by Property Week as one of their top 10 property cases of 2020.
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, where he is the Vice Chair of the Estates Committee.
Gary is currently the Chair of the Chancery Bar Association’s Wellbeing and Social Responsibility Committee and is 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.
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
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
Landlord and Tenant
Current and recent instructions include:
- Leading Henry Webb in Stonecrest Ltd v SBHA in the Court of Appeal. This is due to be heard in spring 2022 and is likely to be one of the leading cases on repairs.
- Representing one of the world’s largest pension funds in a dispute about noise at a luxury development in Central London
- 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
- Advising one of the leading UK cinema chains about landlord and tenant and competition issues
- 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
Professional Negligence
Current and recent instructions include:
- Acting for property investors in a large claim against a leading City firm of solicitors in relation to an alleged negligent purchase of a landmark building in the City of London
- Representing one of the world’s largest law firms in connection with allegations of negligence arising from the construction of a mixed used development in North London
- Acting for the victims of a large property identity fraud in the landmark P&P/Dreamvar litigation
- Multiple instructions in cases of property identity fraud
- 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
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
- A dispute about a fire in a shop selling aquariums
- A multi million dispute about a fire in a BT data centre
- 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.
Real Property
Current and recent instructions include:
- Acting for homeowners in Mayfair disrupted by serious noise from the development of a hotel
- Advising Netflix in relation to the development of studios in the UK
- A claim relating to the exercise of an option for the development of land in Sussex
- 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
Notable Cases
Below is a selection of Gary’s recent reported cases.
- Ortiz-Patino v MGI Golf and Leisure Opportunities Fund Ltd [2023] EWHC 1203 (Ch)
The Court considered a profit-sharing agreement in relation to the world-famous golf course Valderrama. It examined whether a profit share expressed to be triggered in the event of the sale of real estate assets was in fact triggered upon the sale of shares of a holding company owning the entity which in turn owned the real estate assets. - Tejani v Fitzroy Place Residential Limited [2022] EWHC 3153 (TCC)
The court examined different factors as to whether an order for indemnity costs should be made and what level of interim payment on account should be awarded. - Tejani v Fitzroy Place Residential Limited [2022] EWHC 2760 (TCC)
Gary together with Paul de la Piquerie defended successfully a nuisance, breach of the covenant of quiet enjoyment and breach of contract claim.The Claimant had brought a claim in relation to popping noises at his flat which he alleged kept him and his family up at night and made the flat considerably less valuable than the £2.6 million which he had paid for the property. - Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWCA Civ 973
The Court of Appeal upheld the dismissal of an injunction where there had been a failure to provide full and frank disclosure at the without notice application. The court examined the extent of judicial discretion when deciding whether to impose a new injunction. - Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWHC 544 (Ch)
This case concerned whether the court could discharge an injunction where there had been breaches of full and frank disclosure obligations. - 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.
Recommendations
- Leading Silk – Property Litigation (Legal 500 2024)
- Leading Silk – Professional Negligence (Legal 500 2024)
- Leading Silk – Real Estate Litigation (Chambers & Partners 2024)
- Leading Silk – Real Estate (Who’s Who Legal 2023)
Recent published comments about Gary include the following:
- “An outstanding silk to work with and he is bright, commercial and a team player.” (Chambers and Partners 2024)
- “Gary is an incredibly skilled advocate who bolsters his depth of knowledge and skill, particularly in the law of nuisance, by being a very commercial, pragmatic and client-friendly KC who is always on hand and gives well-considered strategic advice.” (Chambers and Partners 2024)
- Gary’s technical knowledge is superb and his advocacy is very strong; I have seen him adapt his advocacy style on his feet.” (Chambers and Partners 2024)
- “Gary is a master-strategist and his advocacy and cross-examination in particular are exceptionally well planned to draw the judge to compelling conclusions.” (Legal 500 2024)
- “A silk with an outstanding legal mind, what really makes Gary stand out is the excellent support he provides to instructing solicitors and his very reassuring style with clients.” (Legal 500 2023)
- “Gary has the ability to break down complex legal issues for clients and explain them in a clear, commercial and highly credible way.” (Chambers and Partners 2023)
- “He has an in-depth knowledge and uses that skilfully in written and oral advocacy.” (Chambers and Partners 2023)
- “He is very strong on the technical side and very strong on the law. Judges like him and he commands the attention of the tribunal.” (Chambers and Partner 2023)
- “Gary is a very hands-on counsel who is extremely proactive and insightful.” (Chambers and Partners 2023)
- “Gary is calmness incarnate. He has a wealth of knowledge and is able to put clients at their ease. In court he is tenacious but always with respect. With judges he is firm when he needs to be and always seems to have the ear of the court.” (Legal 500 2022)
- “Gary Blaker QC is ‘very thorough’ and ‘his advocacy is very measured calm and convincing’ and has notable expertise in advising on claims involving property identity fraud” (Legal 500 2022)
- “A go-to QC; he is great to work with good as a team player. Clients have confidence in him.” (Legal 500 2021)
- “He is someone you want in your corner in a tight spot.” (Legal 500 2021)
- “He’s an absolute master where property and professional negligence collide.” (Chambers and Partners 2021)
- “He has the ability to distil complex legal issues and offer workable practical solutions rather than just stating the law.” (Chambers and Partners 2020)
- “Extremely knowledgeable and versatile.” (Chambers and Partners 2020)
- “He is hands-on and very easy to work with.” (Chambers and Partners 2020)
- ‘His strengths lie in his excellent knowledge of the law and his clear and direct advice to clients.’ (Legal 500 2020)
- ‘He is clear and definitive in providing advice and has a commercial understanding of the client’s needs’ (Legal 500 2020)
- ‘Bright, efficient and a great property litigation silk.’ (Legal 500 2019)
- ‘He is brilliant at explaining complicated matters in a straight-forward manner.’ (Legal 500 2019)
- “Extremely thorough and diligent in his advice.” “He understands the needs of the client and thinks ahead.” (Chambers and Partners 2019)
- “Gary’s work ethic is phenomenal, and he’s responsive, clear and concise.” (Chambers and Partners 2018)
- “He’s really good at explaining some pretty tactical, sensitive and complex issues.” (Chambers and Partners 2018)
- ‘He is very industrious, hardworking and approachable, and gets the job done without fuss.’ (Legal 500 2017)
- ‘He drills down into the detail to best understand the issues.’ (Legal 500 2017)
- “Very approachable, and very new school rather than old school” (Chambers & Partners 2017)
- “He knows his stuff and he’s up for a fight – he’s willing to push if the argument has got merit but won’t fight for the sake of it.” (Chambers & Partners 2017)
- “Earns praise for his approachability and practical work style” (Chambers & Partners 2017)
- “He’s accommodating and open to other ideas.” (Chambers & Partners 2017)
- “A very bright silk, who is extremely professional and down to earth, providing really pragmatic and commercial advice.’ (Legal 500 2016)
- “Sources attest to his skills at both trial and mediation.” (Chambers and Partners 2016)
- “He is commercial, sensible and gives very sound advice.” (Chambers and Partners 2016)
- “He’s very client-friendly.” (Chambers and Partners 2016)
- “Incredibly user-friendly, and well liked by clients for his commercial and pragmatic approach” (Legal 500 2015)
- “He makes himself available at short notice and is someone who is keen to put the client’s best case forward” (Legal 500 2015)
- “a very responsive barrister who works hard and provides clear advice” (Legal 500 2014)
- “he is not scared to get his hands (or shoes) dirty by going that extra mile to ensure a client is fully represented” (Legal 500 2014)
- “Gary Blaker … ‘A great team member’ who is ‘unflappable in a crisis’” (Chambers and Partners 2013)
Education
MA (Cantab)
Appointments
- Recorder of the Crown Court (2020)
- Chair of the Chancery Bar Association’s wellbeing and social responsibility committee (2020)
- Vice Chair of the Bar Council’s Pro Bono and Social Responsibility Committee (2020)
- Vice Chair of the Estates Committee at Middle Temple (2021)
- Bencher of Middle Temple (2015)
Professional Memberships
- Chancery Bar Association
- Property Bar Association
- Profession Negligence Bar Association
BSB & VAT Information
Registered Name: Gary Mark Blaker QC
VAT Number: 663051749
