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Mark West

  • Property  

    General property

    • Advising re sale of golf course and security of tenure of member’s club
    • Advising re dispute concerning modern and ancient riparian fishing rights and easements on the upper reaches of the River Severn, including a claim by local inhabitants to a customary right to elver fishing
    • Advising farming family re proposed lease for mineral extraction and landfill rights
    • Service charges claims and counterclaim litigation against owner of shopping centre
    • Advice and litigation re in sale of large area of farmland for residential development: possession issues concerning sitting residential and agricultural tenants and a motocross occupier
    • Forfeiture and counterclaim litigation re breach of covenant for quiet enjoyment: major sewage flood through Knightsbridge fashion shop
    • Crane oversailing in King's Cross redevelopment: trespass litigation
    • Sale of club and residential complex: breach of contract and counterclaims for return of deposit and damages for misrepresentation
    • Industrial premises boundary dispute involving ancient woodland, mediaeval woodland management practice, woodbanks, tithe maps and hedge and ditch presumption
    • Advising re claim for return of £2.1m deposit after failure to complete sale of school and residential premises in Mayfair

    Related cases of interest

    Hammond and another v Loizou and others [2006] All ER (D) 191 (Apr) — Sale of land, title and boundary issues; whether leasehold land might be severed without consent of leaseholder.

    Swainland Builders Ltd v Freehold Properties Ltd [2002] EWCA Civ 560; [2002] EG 123 (Court of Appeal) — Mistake: rectification: sale of land.

    Abidogun v Frolan Health Care Ltd [2001] EWCA Civ 1821; (2001) 45 EG 138 (Court of Appeal) — Denial of title as repudiatory breach of lease: forfeiture.

    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.

    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.

    Watts v Yeend [1987] 1 WLR 323; [1987] 1 EGLR 4 (Court of Appeal) — Grazing licence/agricultural tenancy.

    Cobstone Investments Limited v Maxim [1985] QB 140 (Court of Appeal) — Rent Acts: "adjoining owner".

  • Planning and compulsory purchase  

    Planning and compulsory purchase

    Planning appeals and enquiries; disputes over planning and highway agreements.

    • Judicial review re compulsory purchase of commercial premises for Wembley Stadium approach
    • Acting for developer in planning agreement and planning permission disputes with Local Planning Authority re large residential development in Essex

    Related cases of interest

    Whelan v British Gas [1993] 2 EGLR 243 — Acting for British Gas in claim for compulsory purchase compensation for pipeline easement through farmland.

    Abbey Homesteads (Developments) Limited v Northamptonshire County Council (1992) 64 P & CR 377; [1992] RVR 110; [1992] 26 EG 140 (Court of Appeal) — Compulsory purchase; compensation effect of restrictive covenant in planning agreement reserving school site.

    Secretary of State for Transport [1982] 263 EG 983 (Lands Tribunal) — Compulsory purchase: compensation for loss of residential development land.

  • Construction  

    Construction

    Litigation concerning residential and commercial projects.

    • Advising and drafting in adjudication proceedings re glazing sub-contract
    • Acting for developer in claims by liquidators of bricklayer sub-contractor re large residential developmen

    Related cases of interest

    Hammond and another v Loizou and others [2006] All ER (D) 191 (Apr) — Sale of land, title and boundary issues; whether leasehold land might be severed without consent of leaseholder.

    Swainland Builders Ltd v Freehold Properties Ltd [2002] EWCA Civ 560; [2002] EG 123 (Court of Appeal) — Mistake: rectification: sale of land.

    Abidogun v Frolan Health Care Ltd [2001] EWCA Civ 1821; (2001) 45 EG 138 (Court of Appeal) — Denial of title as repudiatory breach of lease: forfeiture.

    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.

    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.

    Watts v Yeend [1987] 1 WLR 323; [1987] 1 EGLR 4 (Court of Appeal) — Grazing licence/agricultural tenancy.

    Cobstone Investments Limited v Maxim [1985] QB 140 (Court of Appeal) — Rent Acts: "adjoining owner".

     

  • Professional liability  

    Professional liability

    The professional negligence of solicitors and barristers, architects, surveyors and other property professionals.

    • Claim against structural engineers re soil survey of 5 ha. residential development in Essex
    • Solicitors' negligence litigation re failure to advise re defective easement for water supply to residential property in Somerset
    • Solicitors' negligence litigation re advice re existence of right of way
    • Advising residential developers re architect’s negligence in siting of block of flats in working drawings
    • Solicitors’ negligence claim re trust deed for interests in family home
    • Advising property company re professional negligence claim against barristers relating to non-inclusion of VAT of over £250,00 in compulsory purchase compensation

    Related cases of interest

    Hammond and another v Loizou and others [2006] All ER (D) 191 (Apr) — Sale of land, title and boundary issues; whether leasehold land might be severed without consent of leaseholder.

    Swainland Builders Ltd v Freehold Properties Ltd [2002] EWCA Civ 560; [2002] EG 123 (Court of Appeal) — Mistake: rectification: sale of land.

    Abidogun v Frolan Health Care Ltd [2001] EWCA Civ 1821; (2001) 45 EG 138 (Court of Appeal) — Denial of title as repudiatory breach of lease: forfeiture.

    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.

    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.

    Watts v Yeend [1987] 1 WLR 323; [1987] 1 EGLR 4 (Court of Appeal) — Grazing licence/agricultural tenancy.

    Cobstone Investments Limited v Maxim [1985] QB 140 (Court of Appeal) — Rent Acts: "adjoining owner".

  • Wills and trusts disputes  

    Wills and trusts disputes

    Mark West specialises in property law, and has considerable experience in advising on and resolving disputes concerning wills, trusts and related issues, including Powers of Attorney and proceedings in the Court of Protection.

    Current work includes:

    • Advising trustees of charity founded under a deed of family arrangement concerning negotiations with the attorneys of the life tenant and the trustees of a settlement under the Settled Land Act 1925 for the acquisition of land
    • Proceedings by a cohabitee seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale of the jointly held former home, and equitable accounting
    • A claim by executors following the death of their parents (former protected persons within the Mental Capacity Act 2005) for a declaration of entitlement to the family home and possession where the former carer of the parents claims a beneficial interest and right to occupy
    • Acting for a party after the breakdown of a relationship, concerning disputed beneficial interests in a commercial property, a residential property, liability under a mortgage, and equitable accounting.

    Recent work includes:

    • Acting for a Deputy appointed by the Court of Protection under the Mental Capacity Act 2005 in proceedings in the Property Chamber by the lessor of the protected party’s lease of her home for declarations as to breaches of lease covenants as a precursor to forfeiture and possession.
    • Applications to the Court of Protection on behalf of a Deputy for orders and directions enabling the Deputy to take steps to safeguard the property of a protected party.
    • Advising a Deputy appointed for a young child with a severe disability where the family home, which was particularly suited to the special needs of the child, was the subject of possession proceedings by the landlord’s mortgagees.
    • TOLATA 1996 claim by a widow against her daughter concerning the beneficial interests in the family home, involving issues of mistake and rectification.
    • Acting for a husband and wife in TOLATA litigation with a mother-in-law over interests in and the right to occupy the family house.

Profile

Mark West was Head of Lamb Chambers from May 2014 to May 2016

His practice is in real property. His work consists of advice, dispute resolution and litigation. The range extends from acquisition, ownership and management to disposal. It includes conveyancing, options, rights of pre-emption, restrictive covenants, easements, adverse possession, the enforcement of contracts for the sale or lease of land, mortgages, construction, commercial landlord and tenant, rent reviews, dilapidations, breach of covenant, forfeiture, statutory control, trespass, nuisance, injunctions, joint ownership and trusts of land, planning and compulsory purchase, and related professional negligence.

Mark is also a CEDR-accredited and experienced Mediator of numerous property and property-related disputes.

See Areas of expertise for Mark's main categories of work with examples of recent cases.

Further information

Qualifications

  • LL.B (Hons), Bristol
  • Recorder (1992)
  • CEDR Accredited Mediator (2003)

Memberships

  • Property Bar Association
  • Chancery Bar Association
  • Professional Negligence Bar Association
  • Technology and Construction Bar Association

Interests

Skiing, running, music and 1930’s open tourers.

News & Resources

Mark West


View all Areas of expertise

Year of Call 1973

markwest@lambchambers.co.uk

Contact clerk

Philip Alden

020 7797 8301

VAT Reg No

835382222

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