John Smith Consultant Solicitor, Dispute Resolution

John is an experienced dispute resolution lawyer with expertise in property disputes, and wider experience in most chancery litigation. He has been ranked as recommended lawyer in the Legal 500 consistently between 2013-2017 and worked with some of the UK’s leading practitioners and Kings Counsel in property law.

John has acted for private individuals, high net worth individuals, companies and partnerships, and acted for the UK Government at senior level, practising in multi-track complex property litigation, on occasion, instructed under the Official Secrets Act.

Specialisms

Property:

• Residential and commercial property disputes.
• Landlord and tenant disputes
• Dilapidations
• Leasehold renewals
• Breaches of leasehold
• Rent and Service charge disputes
• Disrepair
• Possession claims (some high profile and sensitive)
• Easements and proprietary rights
• Trespass and Nuisance
• Property related professional negligence

Chancery:

• Professional negligence
• Contract disputes
• Torts and breach of duty
• Trusts
• Company / Shareholder disputes

Background

John was originally called to the bar but did not take pupillage and converted to practise as a solicitor. He has acted for several UK ranked law firms and has a broad experience of the profession. He has recently acted as a locum, assisting several firms in successfully managing and bringing under control difficult caseloads, where high degrees of risk management were required.

Approach

John has an experienced and dynamic approach to resolving disputes and is very focussed on minimising costs and seeking early resolution where possible. When those possibilities are precluded John is very prepared and experienced in putting those matters before the courts, and will be tenacious if that is required.

Recent cases

An action under the Companies Act for Unfair Prejudice, which was successful in the High Court, heard before Lord Fancourt ,Vice Chancellor of the Civil Division; damages are being assessed but should fall between £750k-£1m, plus legal costs.

A contract/restitution/trust dispute for a high net worth business man, successfully recovering £180k in damages plus legals costs.   

Complex possession proceedings for a social housing provider to vulnerable individuals, where injunctive relief was required, and where the mental capacity of the Defendant became central.

Earlier cases

Acted on instructions in relation to litigation and aftercare of London 2012 Olympic Games giving rise to winning Boutique Law Firm of the Year, and Runner-up Property Law Firm of the Year 2013 (The Lawyer Awards)

£250m rent review Arbitration of Listed Grade 1 London heritage premises;

High profile Dilapidations cases Re Cunard Building and DEFRA Head Offices

Instruction for emergency injunction to abate motorway access road encroachment for Central Government Department

Recovery of £1.3m property in fraud against overseas Company, with Appeal on 'notional' loan overpayments and costs

Recovery of substantial damages from top-tier international law firm in professional negligence on behalf of a major UK Local Authority

Acting on behalf of Local Authorities in various land disputes, Land Compensation Act Defences, Housing issues, litigation advisory, public trespassers, contested leasehold rent renewals.

Leasehold and licence disputes, Rent Arbitrations, property fraud

Advisory related Judicial Review, Crichel Down and Procurement issues