+44(0)20 7404 5055 | clerks@9stonebuildings.com

Overview

Edward has been the head of chambers at 9 Stone Buildings, Barristers’ Chambers since 2013

His practice is exclusively property based. It therefore includes real property, both contentious and non-contentious, landlord and tenant, both commercial and residential, land and conveyancing, restrictive covenants, rights of way and other easements, profits à prendre, property valuation, mortgages, housing, boundaries, and professional negligence arising from these areas.

Edward is an experienced advocate, and has successfully argued property and landlord and tenant cases in the House of Lords, the Supreme Court, the Court of Appeal, as well as appearing in a great many witness actions over the years in all courts and tribunals with property jurisdiction.

Edward is recommended by Chambers and Partners (2018) for Real Estate Litigation, and is ranked in Band 1. It is there said: “Edward is an outstanding property specialist with a pragmatic approach to getting the right outcome“, and “Great with clients, easy to deal with and a great advocate, he has very strong cross-examination skills.”

He is also recommended for Property Litigation in the Legal 500, and has been for many years. The 2017 Edition describes him as “… always approachable and happy to help out between formal instructions.”

The 2016 Edition said he is “a forceful and hard-hitting advocate.”

The 2015 Edition said he is “well-liked by clients and produces excellent written work, as well as being an effective and determined advocate”.

The 2014 Edition described him as having “An impressive understanding of restrictive covenants affecting land”.

Identified as a “star of the Chancery Bar”, and as a “solicitors’ favourite junior” at the landlord and tenant bar by Lawyer Magazine. Noted as a “recommended junior” at the Property Bar by Square Foot Magazine.

He was a part time tutor in property law at the University of Warwick, and a part time tutor in landlord and tenant law, and planning and local government law, at what was the Inns of Court School of Law.

Edward lectures extensively on subjects within his practice, and from time to time has acted as an arbitrator in property disputes.


Practice Areas

Property +

The nature, extent and scale of Edward’s practice is reflected in the notable cases he has appeared in.

Commercial landlord and tenant

  • Lawrence and another v. Fen Tigers Limited and others (No 2) [2015] A.C. 106. [2014] 4 All E.R. 527. [2014] UKSC 46. (Supreme Court. Circumstances in which landlords may be liable for nuisance caused by their tenants).
  • Zestcrest Limited v. County Hall Green Ventures Limited [2011] 3 E.G.L.R. 9. (Lambeth County Court. Relief from forfeiture. Payment of landlord’s costs).
  • Bordcrest Properties Limited v. Development Planning Partnership LLP [2010] All E.R. (D) 182 (April). (Chancery Division. Break clause. Compliance with conditions. Landlord estopped from denying tenant had complied).
  • Heronsea (Mill Hill) Limited v. Kwik-Fit Properties Limited [2009] All E.R. (D) 75 (Mar). (2009) Env. LR. [2009] PLSCS 65 (Queen’s Bench Division. Construction of landlord’s right to enter demised premises for the purposes of carrying out a survey. Whether landlord entitled to enter to carry out an environmental survey).
  • Maurice Investments Limited v. Lincoln Insurance Services Limited [2007] 1 P. & C.R. 14. (Chancery Division. Landlord and tenant rent review. Effect of trigger notice marked “subject to contract” and “without prejudice”).
  • Simmons v. Dresden (2004) 97 Con. L.R. 81. (Technology and Construction Court. Tenant’s breach of repairing obligations. Nature and extent of breaches. Diminution in the value of the landlord’s reversion. No diminution caused by breaches).
  • Mount Eden Land Limited v. Folia Limited [2003] PLSCS 188. [2003] NPC 167. (Chancery Divisions. Landlord and Tenant Act 1988. Breach of statutory duty on proposed sub-letting).
  • Hart Investments plc v. Burton Hotel Limited [2002] L. & T.R. 93 (Chancery Division. Option to renew business lease. Construction).
  • Menwald Properties Limited v. Hargraves House limited 24.01.02 E.G.C.S. (Chancery Division: Construction of surety covenant in lease of business premises).
  • Century 2000 Enterprises Limited v. SFI Group plc 11.11.01 E.G.C.S. (Court of Appeal. Agreement for business lease subject to planning permission. Construction thereof).
  • Basch v. Stekel [2001] L. & T.R. 1. (Court of Appeal. Personal Representatives of guarantors under a lease/Insolvency).
  • The Prudential Assurance Company Limited v. Eden Restaurants (Holborn) Limited [2000] L. & T.R. 480 (Court of Appeal. Land Registration. Effectiveness of notice under section 25 of the Landlord and Tenant Act 1954).
  • Mean Machine Limited v Blackheath Leisure (Carousel) Limited (1999) 78 P. & C.R. D36 (Court of Appeal: Specific performance of agreement for assignment of lease).
  • Sight & Sound Education Limited v Books Etc. Limited [1999] 3 E.G.L.R. 45 (Chancery Division. Date of termination of tenancy to which Part II of the Landlord and Tenant Act 1954 applies).
  • Bacchiocchi v. Academic Agency Limited [1998] 2 All E.R. 241. [1998] 1 W.L.R. 1313. [1998] 3 E.G.L.R. 157 (Court of Appeal. Occupation for the purposes of Part II of the Landlord and Tenant Act 1954).
  • Twogates Properties Limited v. Birmingham Midshires Building Society (1998) 78 P. & C.R. 386. [1997] 2 B.C.L.C. 558. (Court of Appeal. Repairing obligations. Loss and damage. Building Societies).
  • Kened Limited v. Connie Investments Limited [1997] 1 E.G.L.R. 21 (Court of Appeal. Withholding consent to alienation. Reasonableness).
  • London Regional Transport v. Brandt (1996) 73 P & CR 386, 29 HLR 193 [1997] 2 BCLC 558 (Court of Appeal. The right of a sub-tenant of part of premises demised on a lease to which Part II of the Landlord and Tenant Act 1954 to remain in occupation after termination of the head business tenancy).
  • Estates Gazette Limited v. Benjamin Restaurants Limited [1993] 4 All E.R. 367 (QBD) [1995] 1 All E.R. 129 (Court of Appeal. Liability of sureties after assignment. Construction of surety covenant).
  • Wandsworth London Borough Council v. Singh [1991] 2 E.G.L.R. 75 (Court of Appeal. Occupation for the purposes of Part II of the Landlord and Tenant Act 1954).
  • Capital & Counties plc v. Hawa [1991] 2 E.G.L.R. 133 (Chancery Division. Rent Review/Arbitration).

 

Residential landlord and tenant

  • 87 St George’s Square Management Limited v. Whiteside [2017] E.G.L.R. 2. [2016] UKUT 438 (LC). (Upper Tribunal (Lands Chamber) Landlord’s contractual right to recover litigation costs against a tenant under an indemnity clause in a long lease notwithstanding that the First Tier Tribunal has awarded the landlord part of its costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013).
  • Garside and Anson v. RFYC Limited and Maunder-Taylor [2011] UKUT 367 (LC). (Upper Tribunal (Lands Chamber). Failure on the part of a landlord to phase major works meant the costs were not reasonably incurred within the meaning of section 19 of the Landlord and Tenant Act 1985).
  • Majorstake Limited v. Curtis [2008] 1 A.C. 787. [2008] 2 W.L.R. 338 [2008] 2 All E.R. 303 [2008] 14 E.G. 102 [2008] 2 P & CR 2 (House of Lords. Leasehold Enfranchisement. Landlord opposing claim to an extended lease on grounds of redevelopment. Meaning of “any premises” within section 47(2) of the 1993 Act).
  • Cawsand Fort Management Co. Limited v. Stafford and others [2008] 3 All E.R. 353. (Court of Appeal. Landlord & Tenant Act 1987 Management order. Whether it is possible for order under section 24 to extend to land not within the curtilage of the buildings containing the leasehold flats).
  • Tiffany Investments Limited v. Bircham & Co. No.2 Nominees Limited [2003] 2 P. & C.R. 381. [2003] 12 E.G. 127. (Chancery Division. Right of first refusal contained in residential lease. Operation of section 17 of the Landlord and Tenant Act 1954).
  • Kay-Green and others v. Twinsectra Limited [1996] 4 All ER 546 (Court of Appeal. Part I of the Landlord and Tenant Act 1987).
  • Artesian Residential Investments Limited v. Beck [1999] 3 All E.R. 113 [1999] 2 E.G.L.R. 30. [2000] Q.B. 541 (Court of Appeal. Determination of assured tenancies. Forfeiture).
  • Khar v. Delbounty Limited. (1998) 75 P. & C.R. 232 (Court of Appeal. Relief from forfeiture. Failure to pay money other than rent. Terms of relief).
  • Kay-Green and others v. Twinsectra Limited [1997] 1 E.G.L.R. 219 (Leasehold Valuation Tribunal. Part I of the Landlord and Tenant Act 1987).
  • London Regional Transport v. Brandt (1997) 73. P & C.R. 386. 29 H.L.R. 193 (Court of Appeal. Security of tenure for sub-tenants under the Rent Act 1977. Inter-relationship with Part II of the Landlord and Tenant Act 1954).
  • Deverall v. Wyndham [1989] 1 E.G.L.R. 57 (Chancery Division. Residential landlord and tenant. Licence to sub-let. Acquisition of statutory rights).

 

Real Property

  • Peires v. Bickerton’s Aerodromes Limited [2017] 1 W.L.R. 2865 (Court of Appeal) Application of the statutory defences provided by sections 76 and 77 of the Civil Aviation Act 1982 to a common law nuisance caused by helicopter pilot training).
  • Ramanathan v. Rudra [2016] EWHC 1062 (Ch), [2016] All E.R. (D) 122 (May). (Chancery Division. Claim that the beneficial interests in four properties held on trust by the Defendant for the Claimant on the basis of a Pallant v. Morgan equity).
  • Classic Property Developments (South East) Limited v. Islam and others [2015] All ER (D) 258 (Oct) (Chancery Division. Validity and exercise of an option to acquire freehold land. Rectification of option agreement refused and order for specific performance of the option granted).
  • A2 Dominion Homes Limited v. Prince Evans (A Firm) [2015] PLSCS 225 (Chancery Division. Land Registration. Leases granted pursuant to an agreement for lease protected by a unilateral notice have priority over a charge granted before the leases).
  • Trustees of the Coventry School Foundation v. Whitehouse and others [2012] 3 E.G.L.R. 151 (HC) [2014] 1 P. &. C.R. 51 (Court of Appeal. Freehold covenant against causing a nuisance or annoyance. Traffic and parking issues arising from the use of land as the site of a public school. Section 84(2) of the LPA 1925).
  • Harbour Castle Ltd v. David Wilson Homes Limited [2012] All E.R. (D) 50 (Jun) (Court of Appeal. Practice and procedure. Whether amended particulars of claim in an action for damages for breach of an option/development agreement were “particulars of claim” within the meaning of an “unless order”).
  • Lawrence v. Fen Tigers Limited and others [2012] 3 All E.R. 168. [2012] 10 E.G. 88 (CS). (Court of Appeal. Private nuisance, planning, change in the character of the neighbourhood).
  • Haydon-Baillie v. Newbold [2007] All E.R. (D) 77. July. (Chancery Division. Striking out claim to title of freehold land).
  • Small v. Oliver & Saunders (Developments) Limited [2006] 3 E.G.L.R 141 [2006] EWHC 1293 (Ch). (Chancery Division. Restrictive covenant. Existence of building scheme. Injunction. Assessment of damages in lieu of an injunction).
  • Das and others v. Linden Mews Limited [2002] 28 E.G. 130. [2003] 2 P & C.R. 58. (Court of Appeal. Right of way. Enlargement of dominant tenement).
  • Gurhy v. Oliver & Saunders (Developments) Limited [2007] All ER (D) 201 May ((Chancery Division). Interim injunction to restrain breach of restrictive covenant. Preliminary points of construction of the covenant).
  • Megaro v. Di Popolo Hotels Limited [2007] 2 P. & C.R. 28 (Court of Appeal. Qualified right of way in case of emergency. Determinable in the event of the part of the route ceasing to exist).
  • Changeinvest Limited v. Rosendale-Steinhusen [2004] P.L.S.C.S. 40. (Chancery Division. Easement subject to a condition precedent. Satisfaction of the condition before easement can be exercised).
  • Martin v. Childs [2002] EWCA Civ 283. 19.02.02 E.G.C.S. (Court of Appeal: Easement. Water rights: construction of grant in conveyance).
  • Bhullar v McArdle (2001) 82 P. & C.R. 481. (Court of Appeal. Real Property. Oral agreement to exchange land. Rectification of the register).
  • Skyparks plc v. Marks [2001] EWCA Civ 319. [2001] All E.R. (D) 102 Mar. [2001] BPIR 683. (Court of Appeal. Charging order. Issue estoppel).
  • Arcadia Ventures Limited v. Longhurst [2000] All E.R. (D) 2149. (Chancery Division. Restrictive covenant. Costs. Application for a declaration becoming academic. Whether court should exercise its jurisdiction to award costs).
  • Gracegrove Limited v. Boateng [1997] NPC 98 [1997] E.G.C.S. 103. (Court of Appeal. Conveyancing. Overriding interests).
  • Lloyd v. Nationwide Building Society [1996] E.G.C.S. 80. (Chancery Division. Priority of legal charges registered on the same day).

 

Professional Negligence

  • Citib@se plc v. Memery Crystal [2003] All E.R. (D) 01 (Nov). (2003) 147 Sol Jo LB 1394. [2003] N.P.C. 131. (Chancery Division. Solicitors failing to advise on operation of break clause in commercial lease).
  • Cohen v. Smith & Williamson [2002] BPIR 243. (Chancery Division. Mortgagee exercising power of sale. Alleged sale at under value. Alleged negligence of selling agents).
  • Kennedy v. Van Emden (1997) 74 P. & C.R. 19 [1997] 2 E.G.L.R. 137 (Court of Appeal. Conveyancing/residential landlord and tenant/solicitors’ negligence).

 

Compulsory purchase

  • Sceneout Limited v. Greater Manchester Development Corporation [1995] 1 E.G.L.R. 175 (Lands Tribunal. Compulsory purchase).
  • Slot v. Guildford Borough Council [1993] 1 E.G.L.R. 213 (Lands Tribunal. Compulsory purchase).

 

Housing

  • Harrow London Borough Council v. Tonge [1993] 1 E.G.L.R. 49 (Court of Appeal. Local Authority housing/Right to Buy).

 

Planning and Public Health

  • Epping Forest District Council v. Essex Rendering Limited [1983] 1 W.L.R. 158 (House of Lords. Planning).

 

Agency

  • Anscombe & Ringland Ltd. v. Watson and others [1991] 2 E.G.L.R. 21 (Estate Agents’ commission).
  • Knight Frank LLP v. Du Haney [2011] 16 E.G. 78. (Court of Appeal. Agent, Warranty. Misrepresentation).

Additional Information

  • Landlord and Tenant Chapter in the Chancery Litigation Handbook, Jordans. 2nd Ed. 2005.

LLB University of Warwick

Edward is a member of the South East Circuit, the Chancery Bar Association and the Property Bar Association.

Head of Chambers

Edward Denehan is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 12005); 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 2930/038) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 365 5829 17); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.

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