Marie-Claire is an experienced property litigator undertaking a wide range of property disputes ranging from commercial landlord and tenant to residential beneficial ownership and boundary disputes. She recently represented the successful tenant in a service charge dispute before Morgan J in the High Court, in what is now the leading authority on the construction of section 20B of the Landlord and Tenant Act 1985. She is recommended for property litigation in Chambers UK and in The Legal 500.
She is praised by clients both for the effort and commitment she puts into all her cases and for the importance she attaches to communicating well with clients at every stage of the case.
She excels in the cut and thrust of advocacy in court, particularly witness actions where her skill at cross-examining witnesses and her mastery of the legal arguments and the trial bundles ensure that her clients feel that she has done everything possible to fight their corner.
In her advisory work she relishes complex legal questions, but ensures that her advice is practical, sensible, focused on the client’s commercial objectives and easy to understand.
She has experience in commercial landlord and tenant, including forfeiture and insolvency issues, service charge disputes, rent review clauses, dilapidations and Part 2 of the Landlord and Tenant Act 1954, Residential landlord and tenant, including security of tenure, disrepair, breach of covenant and service charge disputes in the Leasehold Valuation Tribunal, adverse possession, mortgages and charging orders including claims for possession and sale, contracts for the sale of land, joint ownership of property, resulting and constructive trusts and proprietary estoppel, rights of ways, boundary disputes and restrictive covenants. She also has particular expertise in relation to Party Wall etc Act 1996 appeals and appears regularly in the Leasehold Valuation Tribunal and the Lands Tribunal.
Bank of Baroda v Kurji, Madlani, High Court Chancery Division, LTL 23/6/2003: Charging Orders: enforcement of charging orders and liability to account as mortgagee in possession on the footing of wilful default.
impresses the market with her expertise in Party Wall Act appeals, easements and adverse possession matters.
"Our counsel of choice for sound, commercial legal advice whenever any issues arises in relation to our extensive property estate."