Caroline is a Partner in the Property Litigation team.
Caroline specialises in all aspects of property disputes but has a particular interest in “real” property matters including easements (rights of way, drainage and water flow), restrictive covenants and boundary disputes.
On the assert management side she deals with forfeiture, dilapidations, break notices, service charge disputes and opposed and unopposed lease renewals for both landlords and tenants.
As well as dealing with actual disputes a key part of her practice is to provide bespoke technical, tactical and strategic advice to clients before disputes arise. Where the matter cannot be resolved at an early stage Caroline advises on litigation, negotiation and mediation with a view to obtaining the best outcome for the client.
Recent occasions where Caroline has assisted clients are;
- Acting for Bath Rugby in obtaining a declaration in the Court of Appeal that the wording of a purported covenant did not provide a “sufficient indication” of the land intended to be benefitted by the covenant. As a result, the neighbouring landowners were unable to rely on the covenant and the rugby club can move forward with its plans to create a world class Premiership Rugby stadium.
- Acting for a client’s SIPP in defending and settling at mediation, within 2 months of instruction, a claim for close to £1m, arising out of an alleged wrongful forfeiture of a restaurant lease in London. Key issues for the client were the speed of the resolution, stemming the flow of costs and removing the attendant stress of dealing with an objectionable former tenant.
- Settling a long running boundary dispute for a garden centre owner, allowing him to proceed towards a retirement disposal strategy.
- Obtaining vacant possession through the court of a development site forming part of a farm from an occupier allowed into occupation without any paperwork after he informed the client that “formal legal paperwork indicates distrust and we don’t want to start off on the wrong foot….”.
- Acting for a London based pub chain in obtaining damages from the seller of a beachfront pub that failed to disclose in enquiries that it knew that the adjacent sea defences were not being renewed by the local authority. The client subsequently discovered that this would mean that the pub could be washed away in the next 10-15 years.
- Advising a mine owner as to the remedies available to it following trespass into the mine by “urban explorers” who live streamed the entire event and then uploaded the footage to YouTube.
- Acting for a landowner in opposing a lease renewal of a pub based on the redevelopment and own business use of the pub and carpark. The negotiated settlement allowed the pub to renew its lease but without part of the car park, allowing the landowner access to development site at the rear.