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Richard Hayes

  • Property  

    Property

    Richard's practice encompasses all areas of real property and landlord and tenant dispute, whether concerning commercial or residential property. As regards real property, Richard's practice includes :

    • Disputes concerning easements;
    • Title and boundary disputes and registration issues;
    • Beneficial ownership and TOLATA claims
    • Claims by mortgagees
    • Professional negligence claims arising in a property context.

    Richard's landlord and tenant practice includes all types of dispute arising out of  business and residential leases in particular:

    • Business tenancy renewals under the 1954 Act
    • Dilapidations
    • Alienation
    • Alterations
    • Rent recovery
    • Claims against guarantors
    • All methods of termination and recovery of possession of commercial and residential premises

    Related cases of interest

    • Forcelux Limited v Binnie [2009] EWCA Civ 854; [2010] HLR 20. A leading case on meaning of the word “trial” in CPR 55.
    • Acting for the owner of land with development potential in resisting a claim that it was encumbered/blighted by a right of way. Successfully obtained the striking out of the claim, upheld on appeal with costs.
    • Acting for the owner of a substantial plot of agricultural land in a “survivorship dispute”. Was the land held on a beneficial joint tenancy – such that the deceased’s interest had passed by survivorship - or tenancy in common in which basis it devolved via will? Case settled on advantageous terms at tri-partite mediation including the conveyancing solicitor’s insurers given a linked professional negligence claim.
    • Advising co-owner in Stack v Dowden / Jones v Kernott style case as to likely extent of beneficial interest.
    • Advising dentists’ partnership that had entered into possession of Central London premises and paid rent ahead of execution of a formal lease whether a business tenancy with protection under Part II of the Landlord and Tenant Act 1954 had been created.
    • Resisting grant of new tenancy under part II 1954 Act as a result of tenant breach and obtaining possession.
    • Representing landlord in service charge dispute before the Leasehold Valuation Tribunal in relation to large scale development at Chelsea Bridge Wharf. 

    News & Resources

    Property: Ducking Anti-Oral Variation Clauses

    If parties enter into a written contract providing that any alteration to the contract must be “set out in writing and signed on behalf of both parties before they take effect”, can the contract still be varied orally?

    14th July 2016 Read more

    2015: A good year for contract law?

    The direction of travel in commercial contract law has been towards freedom of contract and upholding the actual bargains reached by the parties, says Richard Hayes - www.solicitorsjournal.com

    1st December 2015 Read more

    Crunchtime

    a discussion of the issues affecting landlords of commercial premises in the economic downturn, in particular in the case of tenant insolvency

    24th February 2009 Read more

    2010 Lectured at the Jordans London Property Seminar (2010)

     

  • Professional negligence  

    Professional Negligence

    • Experienced acting for and against professionals mainly, though not exclusively, solicitors.
    • Richard is particularly well placed to tackle issues concerning time-barring as he is a former contributor to one of the leading texts on limitation.

    News & Resources

    2015: A good year for contract law?

    The direction of travel in commercial contract law has been towards freedom of contract and upholding the actual bargains reached by the parties, says Richard Hayes - www.solicitorsjournal.com

    1st December 2015 Read more
  • Commercial & Company profile  

    Commercial & Company profile

    Richard undertakes a wide range of general contractual and commercial work. He has a particular interest in cases concerning matters of contractual construction and is experienced in dealing with cases concerning:

    • the sale of goods and supply of services
    • bailment
    • agency
    • joint venture agreements
    • professional negligence
    • personal guarantees and security

    Richard has experience of company and insolvency issues, including disputes concerning the internal management of companies, together with partnership disputes. He also has a good background knowledge of employment law, including most types of claims in the Employment Tribunal, together with restrictive covenants and issues of misuse of confidential information following termination.

    Related cases of interest

    • Representing a specialist care provider in arbitration proceedings against a Local Authority that was seeking to impose (unlawfully) a price freeze. Case settled after the first day on terms requiring the Local Authority to pay 95% of the claim and legal costs.
    • Representing a specialist care provider in arbitration proceedings against a Local Authority that was seeking to impose (unlawfully) a price freeze. Case settled after the first day on terms requiring the Local Authority to pay 95% of the claim and legal costs.
    • Acting on behalf of a leading national charity in a substantial breach of contract claim in the Technology and Construction Court concerning the commissioning of a web-site for use by the visually impaired.
    • Successfully setting aside statutory demand served on guarantor of commercial lease following the insolvency of corporate occupier.
    • Acting for employee in breach of confidence action, including injunctive proceedings in the Chancery Division.
    • Advising as to title to machine tool drawings following alleged purchase at auction from Company liquidators.
    • Acting for buyer of hotel business and lease in claim based on fraudulent misrepresentation and breach of warranty in sale and purchase agreement.
    • Advising/representing the former majority shareholder of a private company in an action brought by the company (following sale) for return of dividends allegedly unlawfully paid.
    • Advising editor of national newspaper as to likely efficacy of restrictive covenant in her employment contract. 

    News & Resources

    2015: A good year for contract law?

    The direction of travel in commercial contract law has been towards freedom of contract and upholding the actual bargains reached by the parties, says Richard Hayes - www.solicitorsjournal.com

    1st December 2015 Read more
  • Wills and trusts disputes  

    Wills and trusts disputes

Profile

Richard was called to the Bar in 1995 and has a property and commercial practice with considerable experience advising and providing advocacy for clients in the High Court, both Chancery and Queen’s Bench Divisions, together with the County Courts, specialist tribunals and at mediation.

Further information

Qualifications

  • University of Durham, LLB (Hons)
  • Called to the Bar by Lincoln’s Inn 1995
  • Authorised to accept instructions under the Bar Council’s Direct Access Scheme.

Memberships

  • Chancery Bar Association
  • Commercial Bar Association (COMBAR)
  • London Common Law and Commercial Bar Association
  • Professional Negligence Bar Association (PNBA)

Appointments

  • Appointed Deputy District Judge (Civil), Northern Circuit 2015

Publications and seminars

Richard writes (and lectures) regularly on topics within his practice areas.  He has recently co-authored “A Practical Guide to the Landlord and Tenant Act 1954: Commercial Tenancies” (due to be published later this year) with David Sawtell and is a former contributor to “Law of Limitation” (Bloomsbury).

Examples of recent articles include:

  • “2015: A good year for contract law?”, Solicitors Journal; a review of 3 Supreme Court decisions on contractual construction (Arnold v Britton), penalties (Parking Eye) and implied terms (M&S).
  • “Illegality re-examined”, with Oliver Hyams, Solicitors Journal  S.J. 2016, 160(34), 29 - a discussion of the Supreme Court decision in Patel v Mirza [2016] UKSC 42; [2017] A.C. 467 (SC)
  • “What do home business mean for landlords?”, with Elizabeth Dwomoh   S.J. 2015, 159(40) Supp (Property Focus), 15.

Seminar topics have included the vexed topic of authorised guarantee agreements, break clauses in commercial leases, the impact of tenant insolvency and beneficial interests in co-owned property.  

Interests

Sailing

News & Resources

Property: Ducking Anti-Oral Variation Clauses

If parties enter into a written contract providing that any alteration to the contract must be “set out in writing and signed on behalf of both parties before they take effect”, can the contract still be varied orally?

14th July 2016 Read more

2015: A good year for contract law?

The direction of travel in commercial contract law has been towards freedom of contract and upholding the actual bargains reached by the parties, says Richard Hayes - www.solicitorsjournal.com

1st December 2015 Read more

Crunchtime

a discussion of the issues affecting landlords of commercial premises in the economic downturn, in particular in the case of tenant insolvency

24th February 2009 Read more
Richard Hayes


View all Areas of expertise

Year of Call 1995

Email

richardhayes@lambchambers.co.uk

Contact clerk

Paul O'Mullane

020 7797 8302

VAT Reg No

681092140

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