Tim Hammond

Real property

Tim acts in and advises upon claims involving:

• easements and rights of way
• boundary disputes
• matters of land registration
• vesting orders
• trespass
• nuisance
• adverse possession
• access to neighbouring land
• freehold covenants
• licences
• mortgages
• co-ownership and TLATA claims
• claims to beneficial interests arising out of resulting trusts, constructive trusts and proprietary estoppel

Landlord & Tenant

Tim specialises in both commercial and residential landlord and tenant law, acting for both landlords and tenants. He acts in and advises upon claims involving:

• service charges (residential and commercial)
• management
• the variation of lease terms
• enfranchisement (including missing landlords)
• the enforceability of leasehold covenants
• construction of lease clauses
• rectification
• all aspects of possession
• forfeiture (and relief from forfeiture)
• the effect of insolvency upon possession proceedings
• overriding leases
• succession
• matters relating to anti-social behaviour (to include committal proceedings)
• disrepair
• dilapidations

He has a long-established practice concerning the renewal of business tenancies.

Business & Commercial

Tim acts in and advises upon cases involving business contracts, loan and finance agreements, guarantees, and disputes arising out of building/development projects.

His cases have included the following issues:

• the identification of a contract
• the parties to the contract
• the meaning of and applicability of contractual terms
• jurisdiction
• the applicability of foreign law to contracts
• the identification and effect of unfair terms
• the effect of consumer protection law upon contractual terms
• agency
• third party rights under the contract
• variation of terms
• novation
• consideration
• promissory estoppel
• fraudulent insurance claims
• mispresentation
• mistake
• undue influence
• duress
• non est factum
• rectification

He has a particular interest and expertise in litigation relating to facility agreements, bridging loans, mortgages, regulation and receivers.

Tim has experience seeking specific performance, obtaining freezing injunctions and enforcing judgments by way of third-party debt orders, charging orders and orders for sale.

Tim has acted as Junior Counsel in high value Commercial Court and arbitration claims. He has experience of arbitration under the rules of the London Court of International Arbitration and challenges/appeals to the High Court in arbitration proceedings.

Professional negligence

Tim advises upon and acts in claims involving professional negligence (particularly in relation to land).

Notable cases

• Donnellan v Ward and others [2024] EWHC 2304 (Ch) 14 day trial involving three claims arising out of essentially the same dispute. The claims concerned the parties’ dealings with various property development sites over a period of several years. C alleged that there had existed a partnership or joint venture in respect of those sites, as a consequence of which he claimed (amongst other things) a 25% beneficial interest in a particularly valuable building in Battersea. The Court determined (amongst other things) that there had not been any partnership or joint venture involving C and that C had no beneficial interest in the Battersea property; the Court made findings as sought by Ds as to the beneficial ownership of the freehold and the numerous flats contained within the building. Acted for Ds.
• McGill v Stewart [2020] EWHC 3387 (QB) Interpretation of an express right of way. M argued that access along a lane over his land was limited to vehicles only owned by S and used for domestic purposes only. The effect of this would have been to prevent vehicular access by visitors, delivery vans, and tradespeople. It was determined that vehicles using the lane should be limited to those necessary for the standard use of the property as a dwelling and could therefore include visitors, delivery vans, and tradespeople. Acted for S.
• Victory Place Management Co Ltd v (1) Florian Kuehn (2) Gabrielle Kuehn [2018] EWHC 132 (Ch) Appeal from a decision of the County Court. A lease contained a discretion as to whether consent would be given for dogs. A management company sought to rely upon a long-standing “no pets” policy in order to exclude a terrier from a penthouse. The tenants sought to imply into the lease a term as to rationality of process (relying upon the principles espoused by Baroness Hale in Braganza v BP Shipping) and argued pre-determination by the management company. Acted for the management company, which succeeded at both first instance and on appeal.
• Kingley Developments v Brudenell & Others [2016] EWCA Civ 980 Allegations of forgery, non est factum and wide-ranging fraud. First instance judge correctly balanced competing lay and expert evidence. First instance judge was correct not to make factual findings on every element of the evidence and could ignore what he had described as “red herrings”. Acted for the successful Respondents.
• Kingley Developments v Brudenell & Others, County Court Trial over eight days. K purportedly purchased a property from B. B alleged forged TR1 alternatively non est factum. Expert evidence concluded forged signatures. Evidence of wide-ranging fraud. Judge had to weigh conflicting lay and expert evidence (applying Coopers Payen v Southampton Container Terminal). Acted for the successful Claimant.
• McWilliams v (1) Singh (2) Thornberry (3) Shendish Manor Ltd (in administration), County Court Trial over six days. Claim by M for an interest in a property. An elaborate fraud had been committed against M whereby purchase monies intended by M to purchase property in M’s name had been used by SML to fund the purchase in the name of S (as a nominee purchaser for SML). Declaration that M had a 100% beneficial interest in the property. Acted for the successful Claimant.
• Savage (2) Walding v (1) Singh (2) Kaur (3) Palacegate Ltd (4) Suvamp Ltd, County Court Eight day multi-party trial relating to a landlord’s obligation to insure a property and pay out insurance monies for reconstruction following a fire. Allegations by assignor landlord of forged documents by solicitors acting for tenants. Claims of fraudulent misrepresentation against assignor landlord by successor landlord. Claims for damages and indemnities by successor landlord. Tenants’ claim successful against assignor landlord. All claims against assignor landlord by successor landlord successful. Acted for the successor landlord.

Publications

• Co-author, Service Charges & Management: Law & Practice, 5th Edition, Sweet & Maxwell (2022)
• Co-author, Service Charges & Management: Law & Practice, 4th Edition, Sweet & Maxwell (2018)
• Co-author, Service Charges & Management: Law & Practice, 3rd Edition, Sweet & Maxwell (2013)
• Co-author, Service Charges & Management: Law & Practice, 2nd Edition, Sweet & Maxwell (2009)
• Co-author, Service Charges & Management: Law & Practice, 1st Edition, Sweet & Maxwell (2006)

Qualifications

• MA (Oxon)
• LLM, University College London

Memberships

• Chancery Bar Association
• Property Bar Association

Awards

• Gibbs Prize
• Worcester College Finals Prize
• Sir Jack Jacob Prize