Profile description
Ed has recently been awarded an overall Distinction for the prestigious King’s College London MSc in Construction Law and Dispute Resolution. This included achieving distinctions in the “Construction Technology for Lawyers” module and his dissertation “Transparency in International Commercial Arbitration: How Far Has it Come and Should it go Further?”
He has a busy court practice, appearing in the High Court, County Court and various Tribunals on a near daily basis. He provides advice and drafts legal documents in all his practice areas. He is also authorised to conduct litigation. This means Ed can provide “cradle to grave” legal services where appropriate.
Property and Land
Ed has extensive Property Law experience:
- Landlord and Tenant (residential and commercial)
- Charging orders
- Orders for sale
- Vesting orders (including bona vacantia)
- Possession (including defending possession on human rights grounds)
- Forfeiture
- Service charge disputes (First Tier Tribunal and County Court)
- 1954 Act matters
- Dilapidations
- Tenancy deposit disputes
- Adverse possession
- Restrictive covenants
- Easements
- Boundary disputes
- Trespass and nuisance
Recent cases include:
- Successful proceedings for relief from forfeiture with respect to the lease of roof space for the placement of solar panels. Ed also secured a costs order in the tenant’s favour
- Advice on the enforceability of, and potential to remove, a restrictive covenant to enable a change of use from commercial to residential
- Successful application to amend a suspended possession order to impose further terms
Riparian Rights
As part of his wider property and land law practice, Ed has expertise when it comes to the niche area of riparian rights, having advised and represented a number of clients in relation to such matters in recent years. His experience in this area includes:
- Advising owners of a stretch of land that included a stretch of the Thames/Isis as to whether the owners of a boat moored on said stretch had acquired an easement to moor, coupled with a dispute as to ownership of the bank next to which the said boat was moored.
- Advising the owner of a property next to the River Arun that suffered extensive flood damage. The main issues were who owned and who was responsible for the upkeep/repair of the stretch of wall next to the property that abutted the river. This involved determining ownership of the wall including principles of ownership tidal river land. The upkeep/maintenance aspect included assessment of the Civil Contingencies Act 2004 (“CCA”), the Flood and Water Management Act 2010 (“FWMA”), the Water Resources Act 1991 (WRA”) and the Land Drainage Act 1991 (“LDA”) in respect of Local Councils and the Environment Agency.
- Advising 3 occupiers of boats as to whether they had acquired rights over land that would allow the access to and parking rights near their boats.
Construction
Ed is regularly instructed on residential construction disputes and is looking to expand his practice into commercial construction work. He has recently been awarded an overall Distinction for the prestigious King’s College London MSc in Construction Law and Dispute Resolution.
His previous cases include:
- Disputed payments to architects under a development scheme and conditional sale agreement;
- Alleged breach of contract/negligence with respect to:
Ground/piling works
Design and fabrication of the steel framework for a residential property
Renovation and extension of a residential property
Construction of a new build residential property - Battle of the forms claims
- Claims under the Party Wall Act
- Advising an architect with respect to work done under a letter of intent
- Mediation advocate for a company alleged to have been negligent in the design for tying in the front elevation of a £multi-million block of flats in London
Ed has also successfully mediated residential construction disputes.
Business and Commercial
Ed acts in a range of general contractual matters regarding the sale of goods, supply of services, consumer credit and debt recovery. He regularly conducts claims involving issues such as agency, construction/interpretation of contracts, misrepresentation, conflict of laws and arbitration or mediation clauses.
Ed also has experience of partnerships, limited liability partnerships and acts for petitioners and debtors in commercial and personal insolvency actions. Ed has an extensive understanding of credit hire and subrogated claims on behalf of insurers, with an in depth knowledge of the relevant statutes and case law.
Recent cases of note:
- A complex case in the TCC involving the “upseating” of coaches
- A case involving in depth analysis of the British Standards relevant to the manufacture of Insulated Glazing Units
- A successful ex parte injunction and subsequent substantive proceedings for breach of a non-disclosure agreement and misappropriation of confidential business information
- A successful ex parte injunction and return hearing to restrain the presentation of a winding up petition for a haulage company
Bankruptcy and Insolvency
Ed has advised and appeared in Court on behalf of businesses and individuals on a diverse range of matters including:
- Setting aside statutory demands
- Petition hearings
- Annulments pursuant to s.282(1)(a) and s.282(1)(b)
- Injunctions to restrain presentation of a petition
- Injunctions to restrain advertising of a petition
- s.216 applications
- Actions by liquidators
- Applications in respect of remuneration of trustees
- Applications to extend automatic discharge of bankruptcy
- IVA proposals and implementation
His practice includes advising, drafting documents and representation at hearings in the High Court and County Court. Ed has had recent success in the High Court in the preparation and presentation of an ex parte injunction to restrain advertisement. On the return hearing he successfully argued for the petition to be dismissed and achieved costs recovery in excess of 95% of the costs claimed.
Professional Negligence
Ed predominantly acts in claims for and against professionals involved in property transactions or development (Solicitors, Architects, Surveyors etc.). Ed has advised and acted in cases arising from:
- Failure to advise as to the presence of a public right of way
- Failure to advise on the presence of a cesspit
- Solicitor’s negligence in conjunction with misrepresentations by a vendor
- Failure to undertake an adequate survey
- Failure to advise on the presence of defects in a property
- Failure to advise on necessary easements required for re-development of a £million+ residential property site
- Failure to advise on the presence of various natural risks
- Allegations of negligence in the completion of a Tomlin Order settling a boundary dispute
- Riparian ownership and, following a flood, remedies available against the vendor, solicitor and surveyor involved with the purchase of the property
Ed also has experience of solicitors’ negligence in respect of personal injury claims including:
- Failing to issue proceedings within the limitation period
- Failing to advise, or advising inadequately, on quantum/settlement
Energy & Utilities
Ed acts on behalf of both providers and consumers in relation to energy and telecommunications contracts and has dealt with claims involving:
- Deemed contracts
- Erroneous transfers
- Backbilling
- Agency
- Alleged mis-selling
- Misrepresentation
- The Direct Debit Guarantee scheme
- Data Protection Act breaches
- The sale and installation of renewable energy technologies
- Proceedings under the Torts (Interference with Goods) Act 1977
Ed’s previously wide civil practice, encompassing insolvency, personal injury, property and commercial matters, means he is excellently placed to deal with energy and utility claims involving multiple legal aspects.
Academic Qualifications
- BVC, Bristol Institute of Legal Practice – Very Competent
- LL.B (Hons), The University of Manchester – 2:1
- LL.M (Advanced Legal Practice), University of the West of England
Scholarships
- The Churchill Scholarship, Gray's Inn
- The Holt Award, Gray's Inn
- The Manchester Leadership Award, The University of Manchester
Professional Qualifications & Appointments
- ADRg Accredited Mediator
Professional Bodies
- Professional Negligence Bar Association
- Property Bar Association
Outside of work Ed enjoys obstacle course racing and triathlon. He has been a Tough Mudder season pass holder, completed numerous open waters swims including the Strait of Gibraltar and Dart 10k. He now concentrates on the Ironman 70.3 distance. He is also passionate about music, playing double bass and piano.
