James MacDonald-Pearce

Cases

• Successfully acting in the High Court in a high value profit share dispute (Pavilion Property Trustees Ltd & Anor v Urban & Civic Projects Ltd [2018] EWHC 1759 (Ch)).
• Acting in all stages of a claim to recover overpayment of rent following the exercise of a break option. The Supreme Court’s decision in this case is one of the leading authorities on the law of implied terms and the apportionment of rent payable in advance (Marks and Spencer plc v BNP etc. ([2015] UKSC 72).
• Acting for the European Medicines Agency in a high value and high profile case on the principle of frustration in the context of Brexit (Canary Wharf (BP4) T1 Limited & Ors v European Medicines Agency [2019] EWHC 335 (Ch).

Advisory

• Acting for an investment fund to manage a number of claims arising out of a redevelopment including a multimillion pound damages and injunction claim based on alleged nuisance, breach of quiet enjoyment and derogation from grant. A settlement was reached on terms which allowed the development to progress without any form of injunction being granted.
• Acting and advising on rights of light issues on a number of high profile developments in the City of London, Midtown and the West End including undertaking full title reviews of possible affected properties, advising on insurance options and, where appropriate, serving and registering light obstruction notices. Advising on tactics and strategy for site clearance of a number of those developments including co-ordinating the service of contested section 25 notices and running any necessary contested lease renewal proceedings.