Martin Hutchings KC

Property

Martin regularly appears in court in all matters relating to commercial and residential property. He has an outstanding record of success at all levels and is recommended as a leading silk for property matters in all leading directories.

His expertise includes the following property-related matters:

• Commercial leases –dilapidations; break clauses; renewal, rent review; tenant insolvency; keep open covenants; rent claims; frustration; failure of consideration.
• Development contracts – overage disputes; construction, drafting; registration of interests; highways.
• Contracts of sale – specific performance; rescission, fraud, injunctions and other interim remedies.
• Arbitration/Expert Determination – challenges, injunctions.
• Joint ventures – negligent drafting, enforceability, damages for breach.
• Easements – rights of light and air, rights of way, drainage rights.
• Restrictive covenants – modification, construction, enforceability.
• Land registration – mortgages, fraud, adjudication claims.
• Nuisance – noise and odours, animals, neighbour disputes.
• Trespass – remedies including negotiating damages.
• Trusts of land and Proprietary Estoppel – claims to beneficial interests.
• Party Walls – challenges, statutory interpretation, appeals.
• Compulsory Purchase – advising on compensation levels relating to HS2.
• Property related professional negligence – valuers, surveyors and solicitors.

Martin’s recent cases of particular note include:

• Restrictive Covenants – acting for the appellant in the Supreme Court in Housing Solutions Ltd v Alexander Devine Cancer Trust [2020] (the first case under s.84(1) to reach the highest court).
• Restrictive Covenants – acting in the Court of Appeal for one of the appellants in Bath Rugby v Greenwood and others [2021] (a leading modern annexation case).
• Restrictive Covenants – acting in the Court of Appeal for successful appellants in Birdlip v Hunter [2016], the leading modern building scheme case, as well as for successful respondents in a case turning on s.56(1) of the Law of Property Act 1925: Kensell v Khoury [2020].
• Modification of Restrictive Covenants – acting for successful objectors in the Upper Tribunal, regarding a development of flats, based on ‘thin end of the wedge’ arguments: Morris v Brookmans Park Roads Ltd [2021]. Other recent reported modification cases in which Martin has acted for intended developers include: Signature of St Albans (Guernsey) Ltd v Wragg [2019] and Re O’Byrne’s Application [2018].
• Commercial leases – acting for Manchester Airport (landlord) in successful claim against tenants for the recovery of substantial electricity and gas supply charges arising from private utility networks: Manchester Airport Plc v Radisson Hotel Ltd [2021].
• Commercial leases – acting for successful local authority landlord in claim for termination of building lease for non-fulfilment of conditions subsequent; Wigan BC v Scullindale [2021].
• Commercial leases – renewal of leases and the effect of the pandemic: acting in multiple renewals of Boots’ leases, raising substantial issues including concerning term length and rental levels in the post pandemic market: HPUT Trustee No 1 Ltd v Boots UK Ltd [2021].
• Commercial leases – acting for major supermarket chain in claims to acquire freehold reversion pursuant to lease option.
• Commercial leases – Sunlife v Tiger [2014]. Successfully acting for a landlord in the Court of Appeal in a ground-breaking dilapidations claim in which the tenant had claimed that a refurbishment meant that the claim was negated by supersession. (The leading modern case on the principle of supersession).
• Commercial leases – Heysham Port v Peterson [2021] acting for landlord in claim against tenant pursuant to Jervis v Harris notice.
• Commercial leases – acting for owner of Brunswick Centre in dilapidations claim against LB Camden.
• Commercial leases – breach of tenant’s easements by landlord; rights and remedies: Brothers Enterprises v New World [2019].
• Easements – appearing in the Court of Appeal for the successful respondent in Elwood v Goodman [2013] (registration; and benefit and burden (enforceability of positive covenants)).
• Development agreements – Dorchester v BNP Paribas [2013] successful appeal to the Court of Appeal relating to the construction of a confidentiality agreement concerning property deal and breaches of confidence.
• Trusts of land – Williams v Lemas/Sealy [2013]. Successful resistance to appeal regarding the Henderson and issue estoppel in a trust of land.
• Expert determination – acting for a land owner in dispute regarding the developer’s best endeavours obligations in the development Acting as independent expert in determination of dispute regarding management of multiple properties.
• Party Walls – interpretation of statute; appeals – Kaye v Lawrence [2011]. Also appeared for the successful respondent in the first case under the Party Walls (Etc) Act 1996 to reach the Court of Appeal (Zissis v Lukomski [2006]).
• Commercial leases – acting for landlord/developer in claims against tenants for failing to fit out premises and open for trade, and defending supermarkets in ‘keep open’ covenant disputes.
• Residential leases – acting for tenant claiming a binding residential tenancy agreement and repayment of sums on the basis of unjust enrichment: Publity AG v Chesterhill Properties [2016].
• Property-related insolvency – acting for a foreign property owner in dispute with a liquidator as to the ownership of valuable residential properties in London.

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