Mark West
Call
Called 1973
Practice group
Appointments
Recorder 1999
CEDR Accredited Mediator
Education
Cheltenham College
Bristol University, LLB
Practice
Commercial, agricultural and private real property; acquisition, development, construction, management, disposal; related professional negligence.
Experience
Advice, alternative dispute resolution and litigation concerning:
Acquisition: options and contracts generally, restrictive covenants, mortgages, title, easements;
Construction: in particular, residential development;
Development: planning appeals and inquiries, planning agreements and compulsory purchase;
Management: landlord and tenant, negligence, nuisance, trespass, statutory control, adverse possession;
Professional Negligence: of solicitors, land agents, valuers, surveyors and other property professionals.
Recent work has included:
• Acting for landowners in professional negligence action against solicitors and land agents relating to complex deals for the disposal of residential development land
• Adverse possession claims against railway companies
• Advertising rights dispute relating to a racing circuit
• Agricultural tenancy succession disputes
• Leasehold enfrancisement disputes
• Rights of way and restrictive covenant issues relating to commercial and residential development lands
• Acting for residential developers in claims against soil consultants and structural engineers
• Hotelier's drainage dispute with insurer and water supplier
• Construction adjudication claims
• Property joint venture / partnership disputes
• Compulsory purchase of commercial premises for new Wembley Stadium approach
• Service charge action against owner of shopping centre complex
Reported cases include
Abbey Homesteads Group v Secretary of State for Transport [1982] 263 EG 983, Lands Tribunal (compulsory purchase: compensation for loss of residential development land)
Cobstone Investments Limited v Maxim [1985] QB 140, CA (Rent Acts: "adjoining owner")
Watts v Yeend [1987] 1 WLR 323; [1987] 1 EGLR 4, CA (grazing licence/agricultural tenancy)
Marks & Spencer v Consorzio de Prosciutto di Parma [1990] FSR 530 (Passing off)
Abbey Homesteads (Developments) Limited v Northamptonshire County Council (CA) (1992) 64 P & CR 377; [1992] RVR 110; [1992] 26 EG 140 (compulsory purchase: effect on compensation of restrictive covenant in planning agreement reserving school site)
Electricity Supply Nominees v I A F Group [1993] 1 WLR 1059; [1993] 3 All ER 372; [1992] EGCS 145 (applicability of Unfair Contract Terms Act to exclusion in set-off in lease)
Whelan v British Gas [1993] 2 EGLR 243 (acting for British Gas in claim for compulsory purchase compensation for pipeline easement through farmland)
Clowes Developments (UK) Ltd v Mulchinock (2001) Ch D LTL 08.06.01 (recoverability of past payments under land purchase and building contracts after termination by breach)
Abidogun v Frolan Health Care Ltd [2001] EWCA Civ 1821; (2001) 45 EG 138 (CA) (denial of title as repudiatory breach of lease: forfeiture)
Swainland Builders Ltd v Freehold Properties Ltd [2002] EWCA Civ 560; [2002] EG 123 (CA) (mistake: rectification: sale of land)
Publications
Editor and co-author of Land Division of Butterworths' Law of Limitation.
Membership
Professional Negligence Bar Association
Technology and Construction Bar Association
Society of Construction Law
London Common Law and Commercial Bar Association
UK Environmental Law Association
Interests
Skiing, walking, theatre, film, travel
