David Haines
Partner - Head of Real Estate Disputes, Real Estate & Disputes, Real Estate Disputes
When it comes to property, things don’t always go according to plan.
The global real estate market is constantly transforming and the sector has never been more complex. As a result, real estate disputes continue to rise.
From private individuals to major international organisations, we can assist you in handling all types of property disputes. We understand the complexities of commercial, residential and agricultural property issues from the perspective of both landlords/tenants and owners/occupiers. We aim to be your trusted advisors and offer you a tailored and flexible service to support you in both your legal and business requirements. Our clients include some of the UK’s largest estates, developers, charities and investors.
As one of the largest teams in the UK, we have extensive expertise in the commercial, residential and mixed-use sectors. This gives us an edge in resolving disputes and providing clear and strategic advice to our clients. We have a proven track record of helping clients maximise opportunities and minimise risks.
We are thought leaders in the property industry, including the residential sector, and publish regular insights on our Building Up, and Essential Residential hubs.
The property market is facing a period of sustained change. The economic situation is fast-moving, which brings many opportunities but also threats. Financial investments in property might no longer be as attractive. Lenders are having to carefully manage defaults. Borrowers too need to manage their positions to achieve the best result from their debt arrangements.
We are seeing a growth in disputes, particularly professional negligence, emanating out of fractional investing in property assets, for instance in development projects, residential accommodation, hotels and care homes.
Tax developments are also impacting those with interests in property such as hotels, public houses, restaurants and nightclubs etc. Owners of certain trade-related properties are facing the prospect of HMRC clawing back significant sums over the way property was valued for the purposes of intangibles relief and the valuation of goodwill.
We advise on all types of disputes affecting commercial, residential agricultural property including (but not limited to) the following:
In addition to advisory work, we regularly act in matters before the court or tribunal. However, we recognise that there are benefits to avoiding litigation and that the suitability of methods of alternative dispute resolution, such as mediation, arbitration or expert determination, should be explored. We aim to provide a holistic service that looks at the 'bigger picture' from the outset, and regularly advise and assist on these matters both at the early stages of a dispute, or when the proceedings are underway.
A flexible suite of litigation and funding options, taking the cost and cash flow concerns inherent in dispute resolution out of the question.
A hub bringing together our expert insights and news on residential property.
Construction & Engineering
We understand the challenges on large scale construction and engineering projects and can provide you with a personable, highly responsive specialist service.
Dispute Resolution
Our team of experts delivers commercial, pragmatic and strategic advice tailored to your needs and objectives across an unrivalled range of sectors and specialisms.
Leasehold Enfranchisement
Leasehold enfranchisement is a continually evolving area of law that can cause considerable anxiety for both landlords and tenants.
David Haines
Partner - Head of Real Estate Disputes, Real Estate & Disputes, Real Estate Disputes
Real Estate Development
Our lawyers are experienced in all areas of commercial, residential and mixed-use development and will provide practical, timely and innovative advice.
Logistics & Supply Chains
We understand the various issues that may affect you and will work alongside you through the full logistics and supply chain life cycle.
Occupier Services
Our skilled Occupier Services team has extensive experience of advising companies.
Planning & Environment
We provide tailored commercial planning and environmental advice to developers, landowners and investors.
Real Estate Investment
We work proactively with you to handle all aspects of the commercial property investment lifecycle, from acquisition and management to disposal.
Life Sciences Real Estate
Our Life Sciences Real Estate team will work alongside your business to help you assess both the opportunities and the risks you may face.
Strategic Land
Our strategic land team offers a one-stop service to landowners, helping you plan for and realise maximum value.
What's important to you is important to us. Let's talk
If you would like to speak to a member of our Real Estate & Disputes team or to find out more about how we work, please get in touch
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Charles Russell Speechlys strengthens its Real Estate Disputes practice with the hire of Andrew Ross
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CoStar, Property Week and Architects' Journal quote James Souter on a high-profile 'rights to light' case concerning City of London's £300m Salisbury Square development
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James Souter discusses M&S's successful legal challenge against the UK government with various national, broadcast, international and trade outlets
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First Major Case on Remediation Contribution Orders: Meaning of 'Just and Equitable'?
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The Evening Standard and Daily Mail quote Emma Humphreys on Jeremy Hunt's 'one percent deposit' plans
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Property Week quotes Lauren Fraser on the Supreme Court case of A1 Properties v Tudor Studios RTM
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How to solve the Accountable Person riddle - FTT’s first decision on the identity of Accountable Persons
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Is Schedule 8 of the Building Safety Act 2022 retrospective?: An analysis of the first Upper Tribunal decision under the Act
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The pandemic’s 'depressing' impact – early signs of the courts’ approach to determining rent
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Development potential and common parts: the view from the Court of Appeal
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Quick Reads