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Real Estate Disputes
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All businesses need premises and all are driven to manage, acquire or dispose of property to achieve their commercial strategies. Despite the best laid plans, managing property inevitably brings with it disputes. Equally, those working within the property sector, from investors to developers, regularly encounter property problems and resolving them efficiently can be the difference between making a profit or a loss on a particular development or investment.

Whatever the nature of the dispute, clients want to resolve it quickly and cost-effectively, to maximize their investment or minimize the commercial disruption and potential loss of value to the property.

Acting for a broad range of commercial clients (from FTSE100 corporate occupiers, to investment companies and pension funds) across a variety of sectors, we successfully combine excellent litigation skills with expertise in property law and in-depth real estate sector knowledge, to ensure you receive practical advice in line with your commercial objectives.

Osborne Clarke's property disputes team is recognised as a leading team in the legal directories. Chambers & Partners 2005 states that we are "a team with a well-deserved reputation in the area” and “a dedicated team with a depth of experience… bright and commercially sound."

The lawyers in the team are all dedicated property disputes specialists, who work closely with the firm's property practice group, together with other specialists dealing with environmental, planning, and health and safety issues, to provide disputes advice on transactional issues, as well as on stand alone litigation.

We advise on all aspects of commercial landlord and tenant that arise from large-scale portfolio management and also on real property disputes such as option disputes, enforcement of development agreements, easements, general conveyancing/title problems and planning litigation.

We are keenly aware of the need for a strong commercial focus; clients do not want to undertake litigation for its own sake. We therefore advise on a preventative basis, either on specific potential disputes and the interpretation of documents, or in proactive development of policies. However, we recognise that, at times, litigation needs to be used as a tactical weapon to maximise commercial advantage.

Examples of our recent experience include:
  • acting for a large regional developer of commercial property, in a dispute on the meaning of an easement to drain commercial waste
  • acting successfully for Edward Ware Homes in defending the local planning authority’s statutory appeal of the Planning Inspector’s decision to grant planning permission
  • acting for a large pension fund in a claim to recover substantial rent arrears from a restaurant occupier of a prestigious retail development in Manchester

Leona  Briggs
t +44 (0)117 917 3274
leona.briggs@osborneclarke.com

clients:
  • Bovis Homes Ltd
  • Eurostar
  • Imperial Pension Fund
  • Marks & Spencer
  • National Westminster Bank
  • Vodafone Limited


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