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Timothy Cowen

Call 1993

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Overview

Timothy is a real estate litigator and Judge of the Land Registration Division and the Residential Property Division of the First-tier Tribunal, Property Chamber. He has particular expertise in landlord and tenant, including commercial leases, residential tenancies and leasehold enfranchisement. Other specialties include mortgage disputes, all aspects of real property, questions of title, conveyancing problems, property-related insolvency and professional negligence cases.

Property-related litigation is often associated with highly emotional and personally difficult situations. His clients seek Timothy out because he is very good at delicately handling situations like that and has the ability to explain what is often a complex case, in understandable layman terms. Timothy deals with technically complicated and challenging cases.

Timothy has been recommended by Legal 500 as a leading junior for property litigation for a number of years. The 2016 edition states he is ‘a brilliant landlord and tenant Barrister.

The 2015 edition says ‘He gives sound commercial advice and has a prompt turnaround speed’.

The 2014 edition says: ‘Highly experienced in mortgage disputes and landlord and tenant issues.


Practice Areas

Land & Property +
  • John Ewetuga v (1) Derbyshire Home Loans (2) Beth Estate Agencies Ltd: acted for the successful mortgage lender. The judgment in this case is an important illustration of the conclusiveness of the register at H M Land Registry. Reported in Lawtel LTL 11/10/2013 – Document No. AC9701151. (2013)
  • Sukhlall v Bansoodeb: important decision on attempting to evade consequences of section 2 in land contracts: a developing area of law. C sold property to D for 750k. C alleged that D promised extra 350k. Timothy represented D who relied on section 2 of Law of Property (MP) Act 1989 (i.e. that all of land contracts has to be in writing) and he won summary judgment at first instance. C was given leave to appeal on the grounds of collateral contract and deceit. On 10 April 2013, Mr Justice Arnold rejected both grounds and C’s appeal was dismissed. (2012 – 2013)
  • Arkwrights v Watford YMCA: appeal against wasted costs order. Timothy represented YMCA and obtained wasted costs order against other side’s solicitors for bringing incompetently drafted and presented (and therefore unsuccessful) human rights claim against alleged unlawful eviction of a homeless man. At first instance and on appeal, the Court decided that the County Court had no jurisdiction to entertain the human rights claim and awarded wasted costs on that basis. Solicitors appealed wasted costs order (but not dismissal of action) on grounds that court was wrong to refuse jurisdiction to the human rights claim. Wasted costs order was set aside. (2012)
  • Rose and Rose v Andani: Landlord and Tenant: forfeiture of a commercial lease for breach of covenant. Difficult procedural and tactical considerations. Succeeded in persuading court to forfeit lease and refuse tenants’ application for relief. (2012)
  • Poplar Housing v Bennett: Leasehold Valuation Tribunal as to whether an intermediate landlord should be held responsible by a superior landlord for failing to evict a subtenant who is allowing the demised premises to be used for taking illegal drugs (2010).
  • Bloomfield v Hart: an adverse possession case in which part of the land claimed by the squatter (who made a practice of fencing off bits of vacant land in the vicinity) had been a public highway for some of the claimed limitation period (Southend County Court, 2010).
  • Re Chapper (Jackson v Mitchell): acted for the tenant in second attempt by landlord’s trustee in bankruptcy to expunge tenant’s proof of debt for costs order in previous litigation (2009).
  • Allen v Matthews CA [2007] EWCA Civ 216: successful appeal acting for claimant in this adverse possession claim with fraud elements in the Court of Appeal. (Led by Jane Giret QC).
  • Painter v Hutchison HC ChD Lewison J [2007] EWHC 758 (Ch): successfully acted for claimant in this property/offshore trusts/tax evasion case. A number of legal issues on trust law arose including (1) the effect of the offshore trust company having no knowledge of the signing of the deed by Mrs Painter in their favour (2) whether the deed signed by Mrs Painter was a sham and (3) whether the illegal purpose of that deed (tax evasion) and the fact that Mr painter had come clean to the tax authorities affected the Painters’ case.

 


Additional Information

BA (Liverpool)

Judge of the Land Registration Division and the Residential Property Division of the First-tier Tribunal, Property Chamber.

Timothy Cowen is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 30579 ); 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 2930/071) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 678 0001 47); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.

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