Justin Kitson

Justin specialises in residential and commercial landlord and tenant, mortgages, real property (particularly easements and restrictive covenants) and related professional negligence and insolvency work.  Solicitors instructing Justin commend him for his exceptional client handling skills and ability to cut quickly to the pertinent issues and offer forthright, practical and tactical advice.

Justin is ranked as one of the leading juniors at the London Bar for Property Litigation (Band 3, Chambers & Partners: 2011) and one of leading juniors for Professional Negligence (Band 2, Legal 500: 2010)

In 1999, Justin was the recipient of the Prince of Wales Scholarship from Gray's Inn.  In 2005, he was elected Chairman of the Young Barristers' Committee of the General Council of the Bar.

recommendations

Recent comments include:

"Justin Kitson has a particular strength in property-related professional negligence claims, and comes across as ‘a barrister with real presence.' ‘He is the sort of person you have confidence in; for someone his age he is a very forceful advocate,' say commentators, who also add that he ‘has the ability to absorb huge volumes of paper and can give advice extremely quickly.'" (Chambers & Partners 2011)

 "Justin Kitson ‘is very pleasant, fair and sensible'" ; "The ‘exceptional' Justin Kitson is also recommended" (Legal 500 2010)

"a proficient junior who punches above his weight.' He has recently acted on the case of RAB Pension Trust v Fraser's and is a big favourite with solicitors" (Chambers & Partners 2010)

"isn't an expense, he just adds value to the case" (Legal 500 2009)

"A lawyer with ‘extremely impressive knowledge, considering his year of call,' he acted for BT in a trial before HM Adjudicator to the Lands Registry concerning the acquisition of prescriptive easement rights and adverse possession over unregistered land belonging to the company. Sources agree that he is ‘mature beyond his years'." (Chambers & Partners 2009)

"wise beyond his years" (Legal 500 2008)

featured cases 

Appeared for the successful Defendant in a 36-day trial before Morgan J concerning the right of a landlord to determine a business tenancy of large commercial premises in Manchester Piccadilly. The case involved complex factual and legal arguments concerning the 1954 Act, rectification, constructive trust and estoppel. The case is due to be heard by before the Court of Appeal in 2011. 

Frasers Islington Limited v. the Hanover Trustees & Others [2010] EWHC 1514 (Ch.D)
Appeared for Hanover in an important case concerning the extent to which equity will come to the aid of a claimant by making an order for the specific performance of an option in circumstances where the party seeking the relief is itself in breach of the contract that contains the option.

Eileen Corr v. IBC Vehicles Limited [2008] 1 AC 884
Appeared for the Appellant Insurer in the House of Lords in a negligence case concerning scope of duty, novus actus, causation and contributory negligence issues.

Golden Grove Estates Limited v Chancerygate Asset Management Limited [2007] EWHC 968 (Ch.D)
AppeareAppeared for the Appellant in the Chancery Division. Interpretation and application of CPR provisions relating to an application for security for costs against a BVI company which had failed fully to disclose its assets, the location of its assets and its liabilities.

Handf Acceptances Limited v Russell [2007] EWHC 1273 (QB)
Appeared for Handf Acceptances in recovery of a mortgage debt flowing from a £1.2 million bridging advance.  Allegations of dishonesty and fraud.

CI Ltd v Joint Liquidators of Sonatacus Limited [2007] BCC 186 (CA)
Appeared for the Joint Liquidators in the Court of Appeal. Recipient of a benefit from a payment, voidable as a preference under the Insolvency Act 1986 s.239, could not retain that benefit where it had not shown that it had acted in good faith within s.241(2) of the Act.

Total Spares & Supplies Ltd. & Another v Antares SRL & Others [2006] EWHC 1537 (Ch.D)
Leading High Court authority on the jurisdiction of the court to order a non-party to pay costs, notwithstanding the fact that it was not causative of any costs being incurred.

Barber and Henry v CI Limited (2006) BCC 927

Whether consideration amounting to a preference, voidable at the instance of a liquidator, could be regarded as constituting a valuable consideration for the purpose of defeating a transaction at an undervalue claim under s.238 Insolvency Act 1986)
.

CA Webber (Transport) Ltd v Network Rail Infrastructure Ltd (formerly Railtrack Plc) [2004] 1 WLR 320
Appeared for Railtrack at first instance and in the Court of Appeal - whether a notice served under s.25 of the Landlord and Tenant Act 1954 by recorded delivery was deemed served when posted rather than when received by the addressee and whether such approach was compatible with Art.6 and Protocol 1 Art. 1 of the European Convention on Human Rights.

The London Mews Company v Burney (LTL 7.5.03)

First and second appeal to the Court of Appeal - what constituted an ‘effective cause of sale' and an ‘introduction' for the purposes of entitling an estate-agent to commission.

Halley v The Law Society (LTL 7.2.02)

Claim for monies held in the client account of a solicitor whose practice was intervened. Allegations of money laundering and advance fee fraud.