Philip Brown

Philip has a wealth of experience in property law including restrictive covenants, rights of way and other easements, estoppel, adverse possession and boundary disputes, claims involving rectification of the Land Register, Land Registry indemnities and other aspects of Land Registry practice, co-ownership and trusts, mortgages, LPA and fixed charge receivers, and construction of covenants.

Recent cases:

• Advising company on the validity of appointment of LPA receivers and the right to redeem relevant charge
• Represented property owner in respect of claim as to boundary line and trespass by neighbour by construction of extension to property over boundary line
• Represented property owner in respect of claim to boundary line reliant on hedge and ditch presumption
• Represented defendant to claim for possession by executor in relation to property which fell to be distributed under a testator’s will on basis of interest arising by way of constructive trusts and/or proprietary estoppel
• Represented property owner seeking to prevent sale of property by LPA receiver. Maintained a without notice injunction which prevented sale at auction whilst the duty of the receivers in respect of the decision made as to the means of sale and their obligations in respect of obtaining a proper price were reviewed
• Represented property owner in claim relating to the enforceability of a Tomlin order identifying an agreed boundary
• Represented the purchaser in a claim considering whether the circumstances surrounding the creation of a concurrent/reversionary lease amounted to a fraud which would allow the Land Register to be rectified to remove the concurrent lease, and the priority of an equitable lease held by the purchaser
• Advised in respect of a Parish Council’s rights to seek injunctive proceedings to prevent the use of a track over a Village Green for an intended development
• Represented property owner in a claim to record new general boundaries
• Represented property owner in a claim to a profit a prendre re. cattle grazing and if the same could amount to a trespass
• Represented former property owner in claim to HM Land Registry for an indemnity in respect of wrongful registration of land
• Represented transferee of land in claim to First-tier Tribunal for extension of time to register title
• Advised residential owners on the impact of restrictive covenants on a proposed development
• Advised developer on whether the prospective increased traffic over a right of way would be within the user permitted by an express easement
• Represented property owner in injunctive proceedings against local authority seeking to prevent then erecting a bollard in the footpath which would restrict access to premises

Notable cases:

• Satyam Enterprises Ltd v. John Burton and JVB Seven Properties Ltd [2019] EWHC 2584 (Ch) – Representing a company to whom property had been transferred in circumstances where claims of alleged fraud and misappropriation of company assets were made, and payment sought from company for sums said to be due under the transfer
• Foggs’ Application [2018] UKUT 114 (LC) – Represented the respondent on the success challenge to an application to discharge or modify a restrictive covenant to allow a development of neighbouring property which had the benefit of planning permission
• Gold Harp Properties v. MacLeod [2015] 1 WLR 1249 CA – Represented appellant in appeal to Court of Appeal where the power in the Land Registration Act 2002 Schedule 4 to change the priority of competing rights ‘for the future’ on rectification of the Land Register following the wrongful removal of leasehold interests and subsequent sale of the freehold was considered

Philip has extensive experience of both residential and non residential landlord and tenant including rent and service charge claims, forfeiture, breach of covenant, alterations, user clauses, dilapidations, break notices and leasehold enfranchisement, and all aspects relating to commercial leases, including contested proceedings under Part II of the Landlord and Tenant Act 1954.

Recent cases

• Representing a landlord in claim to forfeit where issues of waiver by payment of rent to an agent are raised
• Representing tenants in various cases where the recoverability of interim service charges for Major Works, and other administrative charges are the subject of challenge
• Represented a company in contested lease renewal proceedings under the 1954 Act.
• Advised in a high-value dilapidations claim on termination of a commercial lease.
• Advising on the nature of the tenancy which had arisen on the cessation of an agricultural worker’s employment and the right to seek possession against the former agricultural worker’s spouse following their separation and his vacating the property
• Advising developers of land, the subject of a restrictive covenant concerning the types of building permitted on the land
• Advising the vendor of land as to whether a contract was unenforceable because it does not satisfy the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
• Advising a number of landlords of mixed commercial/residential premises as to the need to serve notices on their tenants under section 5 of the Landlord and Tenant Act 1987 giving them rights of first refusal in the event of a sale of the freehold

Typically, Philip’s  commercial work involves contracts, sale of goods, building disputes, loan and finance agreements, guarantees and indemnities, agency and partnerships and freezing injunctions.

Recent cases:

• Representing a former company director and the company to whom property had been transferred in relation to claims made for alleged fraud and misappropriation of company assets
• Advised in respect of enforceability of “arbitration” award made in Islamic dispute resolution
• Advised a company registered in Luxembourg as to the jurisdiction of the UK Courts to deal with a claim made to recover sums due under an agency contract / quantum meruit
• Advised as to the enforceability of a compensatory order made in criminal proceedings in Finland by way of insolvency proceedings in the UK
• Advised on the share of profits due on the purchase and development of land
• Advising on construction of contract and the implication of terms
• Represented company in application to discharge interim injunction for delivery up of goods asserted to have been in its possession.
• Represented client in application for freezing injunction to prevent dissipation of funds received by company on sale of last property on a development where belief that this would be dissipated prior to completion of infrastructure in compliance with undertakings given

Notable cases:

• Satyam Enterprises Ltd v. John Burton and JVB Seven Properties Ltd [2019] EWHC 2584 (Ch) – Representing a former company director and the company to whom property had been transferred in relation to claims made for alleged fraud and misappropriation of company assets
• Mead v. Babington Estate Agents [2007] EWCA Civ 518 CA – Represented the respondent to the appeal in which the Court of Appeal upheld the trial judge’s finding that representation made by an estate agent based in the UK as to their relationship with a Spanish developer was sufficient to found a claim in fraudulent misrepresentation
• Schulke Mayr UK Ltd v. Alkapharm UK Ltd (1999) FSR 191 – Represented the successful respondent in proceedings seeking injunctive relief concerning issues of comparative advertising, malicious falsehood and passing off

Philip often undertakes Insolvency matters frequently arising out of his core practice area of Real Property. He is also instructed to consider issues of Company Law and director’s duties.

Recent cases:

• Representing a former company director in relation to claims made for breach pf director’s duties, alleged fraud and misappropriation of company assets
• Represented a former director and shareholder in relation to his removal from the board of a company holding residential properties and the registration of a transfer of his shareholding. Resulting in declarations being granted that resignation of director and appointment of replacement director invalid, and that there had been no transfer of shareholding
• Representing a client in proceedings to set aside statutory demand in respect of solicitor’s fees which are asserted to have become a liquidated sum.

Notable cases:

• Satyam Enterprises Ltd v. John Burton and JVB Seven Properties Ltd [2019] EWHC 2584 (Ch) – Representing a former company director and the company to whom property had been transferred in relation to claims made for alleged fraud and misappropriation of company assets

Philip is often instructed to deal with ancillary issues arising out of other litigation

Recent cases:

• Represented a client seeking a detailed assessment of his solicitor’s costs where there was a dispute as to whether bills served were statute or interim bills

Notable cases:

• Shah v. Chafer [2018] EWCA Civ 1334 – Represented the appellant in the Court of Appeal raising issues as to the ability of the lower Court to vary the schedule to a Tomlin Order and the construction of subsequent Court orders which on their face appeared to vary the same.
• Gold Harp Properties v. MacLeod [2014] EWCA Civ 532 – Represented the appellant in the Court of Appeal where it was determined that the appellant could not be required to comply with the judgment below as a condition of pursuing an appeal
• R (on the Application of Cyril Rapose) v. Wandsworth LBC [2014] EWHC 469 (Admin) – Represented the applicant seeking judicial review in respect of a compulsory purchase order
• Ilona Szekeres v. Alan Smeath & Co [2005] EWHC 1733 – Represented the respondent solicitor in a claim concerning the necessary (lack of) formality within a claim to have a solicitor bill of costs assessed.

Philip has extensive experience of dealing with matters under the Direct Public Access scheme having been instructed by members of the public, businesses and other organisations since its inception.

Please call 020 7404 5055 or email clerks@9stonebuildings.com to discuss your requirements with his clerks.

Philip is ranked as a Leading Junior in the Legal 500 for Property Litigation and is described as:

“Philip is extremely methodical, offers depth in the advice provided and adopts an astute tactical approach.”
Legal 500 – 2024

“Philip provides sound advice on legal position without becoming diluted or confused by the emotional aspects.”
Legal 500 – 2023

“Philip is an excellent communicator, whether in writing, conference or court. He does not pull any punches and his ability to glean information from a witness in cross-examination is admirable.”
Legal 500 – 2022

“Tremendous knowledge, superb attention to detail, amazing ability to see through opponents’ stories. He delivers a summing up without waffle but concise and to the point.”
Legal 500 – 2021

“A very able senior junior who is excellent on the technical details.”
Legal 500 – 2020

• Real Property Seminar – Land Registrations
• Real Property Seminar - Keeping up to speed

LLB Hons (University of Leeds)

Member of:

Chancery Bar Association
Property Bar Association
The Honourable Society of Lincolns Inn

Philip Brown is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 27716 ); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/062) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 649 7187 84); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.