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Mary Barraclough

Senior Associate
About

Mary Barraclough is a skilled Real Estate Litigator, with a practice that covers all areas of commercial Real Estate Litigation and dispute resolution.

She has experience providing commercial and pragmatic advice on a broad and varied range of contentious and non-contentious issues to clients not just within the Real Estate sector, but also across the Industrials sector, the Infrastructure, Construction and Transport sector and the Consumer Goods, Food and Retail sector.  Mary has experience at all levels of the court and tribunal system, ranging from the Court of Appeal to the County Court.

Mary acts for an established and varied client base including The University of Sheffield; Tesla Motors Limited; Tata Steel UK Limited; High Speed Two (HS2) Limited; National Highways Limited; Airwair International Limited; Aggregate Industries UK Limited; Sibelco UK Limited; Ibstock Brick Limited; and Cushman & Wakefield, many of whom have national coverage.  She also has experience working for a number of high street banks, retailers, house builders, local authorities and a large pub operating company.

She spends time working collaboratively with her colleagues in DLA Piper’s transactional, restructuring, and corporate law teams, to provide practical and realistic commercial advice and solutions to clients with any interest in land or property.  

 
Professional QualificationsSolicitor of the Senior Courts of England and Wales, 2014

EXPERIENCE

Mary’s practice includes disputes and advice relating to:

  • contested and unopposed business lease renewals;
  • agricultural tenancies;
  • development and sale / purchase contracts;
  • protest actions (including obtaining interim injunctions and bringing contempt of court proceedings);
  • the exercise of options;
  • dilapidations;
  • rent reviews;
  • commercial and residential possession actions (including squatter proceedings);
  • forfeiture actions;
  • trespass and nuisance;
  • debt recovery / rent arrears; and
  • break options.

 

Highlights:

  • Acting for a significant rail infrastructure provider on all real estate litigation aspects of a new railway network spanning the north and south of England.
  • Acting for a significant national infrastructure provider in relation to litigation arising out of protest activity on the Strategic Road Network in England, obtaining interim injunctions and bringing contempt of court proceedings to enforce the same.
  • Advising a leading electric vehicle manufacturer in relation to their real estate portfolio, including advising on break conditions and exercising break options, and negotiating / settling dilapidations and other claims.
  • Undertaking portfolio management and property litigation work for a significant steelmaking company including advising on and terminating agricultural / allotment tenancies; exercising options; terminating sale contracts; trespass actions; rent arrears claims; and dilapidations claims (involving diminution arguments under the Landlord and Tenant Act 1927).
  • Acting for Law of Property Act / Fixed Charge Receivers of two high profile shopping centres in the UK across a broad range of issues including advising on CVA terms and serving notices under CVA’s; dilapidations claims; break options; Torts (Interference with Goods) Act notices; responding to notices under the Landlord and Tenant Act 1954; serving statutory demands; and section 146 notices.
  • Advising a large pub operating company on a portfolio of approximately 3000 public houses in respect of issues arising under the Pubs Code Regulations; representing the client in Pubs Code Arbitrations on a variety of matters including lease terms; rental determinations and purported legislative breaches; and various appeals to the High Court to set aside Arbitrators’ awards.
  • Advising a supplier of heavy building materials and aggregates with a portfolio of over 60 quarries in the UK in relation to all portfolio management and real estate litigation work.
  • Undertaking portfolio management and property litigation work for a well-known high street retailer in respect of their real estate portfolio, including exercising break options and advising on break conditions; advising on title issues and disputes; serving termination notices; and lease renewals.
Languages
  • English
Education
  • BPP Law School Manchester, Legal Practice Course, Distinction, 2011
  • University of Sheffield, Law LLB (Hons), 2:1, 2010

Memberships And Affiliations

  • Property Litigation Association
  • Connect