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Real Estate Litigation

Property underpins business. Most businesses require premises from which they can operate. Indeed, for many, property forms the very core of their undertaking.

The real estate litigation team, led by Gemma Staples, has a wealth of experience at providing commercial and pragmatic advice across the full range of real estate litigation matters including:

  • estate management;
  • lease termination and renewal;
  • development issues;
  • forfeiture;
  • breach of contract;
  • debt and insolvency;
  • guarantee claims;
  • dilapidations;
  • consents;
  • residential and commercial possession;
  • professional negligence;
  • telecoms;
  • trespass;
  • protestors;
  • boundaries; and
  • disputed ownership.

The team routinely handles technically complex and high value matters for landlords, tenants, developers and investors, with a particular focus on the retail sector. Its strength lies in managing risk and, when disagreements arise, preventing them from escalating into full blow disputes and formal litigation. It recognises that clients prefer to focus on the core of their business and litigation is generally an unwelcome distraction. It prides itself on offering straightforward and cost-effective advice and creative solutions to those problems.

Gemma Staples is ranked in The Legal 500 and Chambers UK and is noted in the 2025 editions as being a strong decision maker with an encyclopaedic knowledge of property law, extensive experience of related areas, high levels of commerciality and a sophisticated approach to complex problems.

Clients comment that Gemma is “exceptionally efficient and has a laser-like focus on the client’s real commercial objectives; she is highly skilled at cutting through to the issues that really matter”.

Legal 500 2025 further comments that that the team “are extremely client-focused and go above and beyond to provide sound advice based on current market trends and expectations.”

Clients include Ardagh Glass, the Emerson Group, Exertis, Manchester Central Convention Centre, New Balance, Total Fitness and the Tradebe Group.

Examples of recent cases include:

  • defending a recycling company in a claim for trespass, nuisance and environmental contamination. This highly complex matter involved the assessment of a variety of contaminants in soil, contributory contamination from historic use and other sources; and possible remediation strategies dependent on the anticipated future use of the land in question;

  • providing detailed strategic advice to a retail client on its exit from a key distribution centre as a consequence of the landlord’s desire to redevelop, maximising the client’s relocation timescale and securing rateable value compensation in excess of £1 million;

  • acting for a local investor and successfully pursuing a well-known food retailer for a significant dilapidations claim, with particular focus on the roof and the work required to restore it to the state and condition contemplated by the lease;

  • advising a North West business owner in its claim for renewal of its lease of an iconic building in Manchester in the face of opposition from the landlord on the grounds of re-development, and reaching an agreement which secured the future of the building;

  • advising a commercial tenant in connection with its application for an injunction to remedy the landlord’s serious breaches of covenant which are a serious health and safety issue and which have caused damage to multi-million-pound assets thereby threatening the survival of the business;

  • advising an investor / developer in connection with defective cladding issues arising out of Grenfell and seeking recourse against the original contractor.

 

 

Inevitably, litigation does arise. When it does, we work with you, as part of your team to develop a commercial and pragmatic strategy to shape the process and achieve your goal. We ensure that work is proportionate and undertaken at the most efficient level. We provide transparent, stepped costings so that you can budget for what costs are going to be incurred, and when.

We are also adept at employing various methods of Alternative Dispute Resolution, including mediation and arbitration to encourage settlement outside of the court process. Our job is to manage your dispute and employ the correct range of tactics to bring it to a swift conclusion that you are comfortable with; so you can continue to focus on the core of your business.