Robert Bowker

Overview

Robert Bowker has over 20 years’ experience in property-related work.

Robert was called to the Bar in 1995 and completed pupillage in Chambers in 1997. From 1997 to 2007, he practised in Chambers exclusively in property litigation. Between 2007 and 2012, he practised as a solicitor and barrister in Australia primarily in construction litigation (he qualified in England/Wales and Australia). In 2012 he returned to Chambers and resumed his practice exclusively in property litigation.

A significant aspect of Robert’s practice is dilapidations and major works (residential and commercial). He has worked with a wide range of expert witnesses including surveyors, structural engineers and M&E and fire safety experts. He works mainly for developers, investors and private and local authority landlords, but also for individuals including leaseholders.

His experience in recent years has included a substantial amount of work in relation to fire safety including liability for and the cost of replacing ACM and other forms of cladding. He is currently advising in relation to a significant number of buildings that have fire safety and cladding issues. A large amount of his current workload involves the Building Safety Act 2022 – leaseholder protections, landlord’s and leaseholder deeds of certificates, remediation contribution orders, and the effect of PAS 9980 and EWS1. etc. He acts for developers, landlords and leaseholders. He has been instructed in over 90 fire safety related cases, many since the Building Safety Act 2022 came into force.

He regularly speaks at conferences, more recently on issues relating to fire safety and replacement cladding.

In addition to building safety, Robert’s practice covers all aspects of residential, commercial and real property disputes including development, mortgages and a substantial amount of boundary and land registration work.

Residential property

Residential landlord and tenant with a particular emphasis on building safety.

Commercial property

Commercial landlord and tenant with a particular emphasis on lease renewals and dilapidations.

Real property

Real property disputes with a particular emphasis on boundaries and land registration.

Service charges

Services charges with a particular emphasis on major works and building safety.

Development disputes

Development disputes with a particular emphasis on roof space.

Building safety

Building safety with a particular emphasis on remediation orders, remediation contribution orders and improvement notices (more than 90 cases to date acting for various developers, landlords, leaseholder groups and local authorities).

Commercial disputes, finance, securities, mortgages & receivership

Commercial disputes with a particular emphasis on mortgages.

Notable cases

8 Artillery Row, London, SW1P 1RZ LON/00BK/BSA/2024/0004 Fire safety – cladding remediation – remediation order.
14 Park Crescent LON/00BK/LRM/2023/0022 Right to manage – vertical division – independent redevelopment
Harborough & Saltley House [2024] UKUT 109 (LC) Right to manage – self-contained building – existence of other RTM company – split freehold – adequacy of evidence
Space Apartments LON/00AP/HYI/2022/0017 Fire safety – cladding remediation – remediation order.
Priory Heights CAM/00KC/HIN/2022/0006 Fire safety – cladding remediation – appeal against improvement notices.
Leigham Court Road LON/00AY/HYI/2022/0005 & 0016 Fire safety – cladding remediation – remediation order.
Westen Beach Apartments (Britannia Village) LON/00BB/LVL/2021/0008 Fire safety– cladding remediation – variation of leases.
St John Street LON/00AU/LSC/2021/0255 Fire safety – cladding remediation – cost recovery.
Brunswick Court BIR/41UE/LDC/2022/0031 Fire safety – major works – dispensation and conditions of dispensation.
Tower Court/Trinity Court/Windsor Court BIR/41UE/LVM/2020/0003 Fire safety – cladding – order on application for top up funding (insurance and waking watch)
Metro Central Heights LON/00BE/LDC/2021/0109 Fire safety – major works – Regulatory Reform (Fire Safety) Order 2005 – dispensation and terms of order.
Premier House, Edgware – LON/00AC/LDC/2021/0024 Fire safety – cladding – State Aid – application for dispensation – appropriate conditions
Tower Court/Trinity Court/Windsor Court BIR/41UE/LVM/2020/0003 Fire safety – cladding – application to discharge 1987 Act manager
Royal Borough of Kensington and Chelsea LON/00AW/LSC/2018/0465 Fire safety – cladding – increased insurance premiums – reasonableness.
15 Westgate Terrace [2020] UKUT 0192 (LC) Forfeiture – section 168 determinations – sufficiency of findings.
The Metis Apartments, Sheffield MAN/00CG/LVM/2019/0004 Fire safety – cladding – appointment of manager under LTA 1987.
Carlshalton Beeches Bowling Club Ltd v Seaton House School Business lease renewal grounds (g) and (f) – intention – landlord’s undertaking – proprietary estoppel.
St Mildreds Court, Westgate-on Sea CHI/29UN/LVT/2018/0005 Variation of leases – sections 35 and 37.
32-54 Arundel Street, Portsmouth CHI/00MR/LSC/2018/0070 Fire safety – major works – dispensation from consultation.
FirstPort v Lessees of Citiscape, Croydon LON/00AH/LSC/2017/0435 Liability for the cost of repacement ACM cladding and fire watch.
Pineport Ltd v Grangeglen Ltd [2016] EWHC 2170 (Ch) Relief against forfeiture – liability for costs.
Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (Ch) Relief against forfeiture – principles relevant to delay.
Preedy v Dunne [2015] EWHC 2713 (Ch) Proprietary estoppel – trustees’ powers and duties.
McLeod v Gold Harp Properties Ltd [2015] 1 WLR 1249 Rectification of land register.
Gold Harp Properties Ltd v McLeod [2014] EWCA Civ 532 Conditional permission to appeal.
Pry v Cutter [2014] UKUT 0215 (LC) Enfranchisement – terms of acquisition.
Shine v English Churches Housing [2005] L.&T.R. 7 Disrepair – calculation of damages – mitigation of loss.
R (on the Application of Periasamy Mathialagan) v Southwark LBC [2004] EWCA Civ 1689 Liability for business rates.
Shine v English Churches Housing [2002] EWHC 612 (Ch) Striking out – interim applications.
Deadman v Southwark (2001) 33 H.L.R. 75 1 Statutory duty to secure premises – loss and damage.