Profile description
Commercial Litigation
Matthew has wide-ranging commercial litigation experience with particular emphasis on agency disputes, consumer credit, enforcement of judgments, misrepresentation, partnership disputes, sale of goods and services, undue influence/duress, and interim applications. With regard to the last of these, he has been involved in some notable cases involving freezing and other injunctions.
Property and Land Law
Matthew is also well-versed in the complexities of real property and development. He has a successful case record in fields such as adverse possession, boundary disputes, easements and covenants, Land Registry disputes, trusts of land and building disputes.
Example cases:
- GBQ Investments Ltd v (1) Mortgage Express, (2) NRAM Limited [2018] EWHC 2536 (Ch). A case concerning the equity of redemption in relation to a portfolio of mortgaged properties.
- Parkes v Wilkes [2017] EWHC 1556 (Ch). A High Court appeal in a case concerning the intention of the parties behind the purchase of the freehold interest pursuant to the collective enfranchisement provisions under the Leasehold Reform, Housing and Urban Development Act 1993.
- Patel v Singh & Anor [2009] EWHC 2980 (Fam). A successful claim under the Trusts of Land and Appointment of Trustees Act 1996 lasting more than three weeks in the High Court.
Housing (including Landlord and Tenant)
Matthew enjoys a high profile in Housing Law and acts for landlords and tenants of all types. Matthew handles a varied caseload encompassing: nuisance and anti-social behaviour, unlawful eviction and harassment, disrepair, succession, deposits, Right to Buy, homelessness, allocations, Equality Act, and EPA 1990 matters. Matthew acts for landlords and leaseholders in claims for new leases and enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, including disputes as to premium and the terms of new leases, and the rights of landlords following enfranchisement.
Example cases:
- R (Bukartyk) v Welwyn Hatfield BC [2019] 3480 (Admin). A successful claim for judicial review to quash the Council’s decision to refuse to accept a fresh homelessness application under Part VII of the Housing Act 1996.
- Yemshaw v Hounslow LBC [2011] UKSC 3. The Supreme Court held that the term ‘domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm.
- Yemshaw v Hounslow LBC [2009] EWCA Civ 1543. The meaning of ‘domestic violence’ in section 177(1) of the Housing Act 1996.
- R (McGarrett) v Kingston Crown Court [2009] EWHC 1776 (Admin). The Divisional Court held that the purpose of an ASBO was not to punish, and the terms of the order had to be proportionate to the risk to be guarded against. Further, the order had to be both necessary and justified.
- Vesely v David Levy & Others [2007] EWCA Civ 367; [2008] L & TR 9. Whether a fixed contribution towards joint household expenditure was capable of amounting to rent, and whether the purpose of the arrangement between the parties and the surrounding circumstances gave rise to the inference that there was an intention to create a landlord and tenant relationship between the parties.
- London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326; [2007] HLR 37. Part of the ‘tolerated trespasser’ litigation. Leave to appeal to the House of Lords was granted to the Appellant, and the case was settled on favourable terms shortly before the final hearing.
- Ross v Hyde Housing Association [2004] EWHC 824 (Ch). An application/appeal in the High Court dealing with the suspension of a warrant.
- R (Yumsak) v Enfield LBC [2003] HLR 1. A successful challenge to the suitability of temporary accommodation offered to the Claimant pursuant to Part VII of the Housing Act 1996.
