Mark Warwick

Mark’s practice embraces all aspects of contentious property work, including professional negligence.  He also has extensive experience in interlocutory proceedings having featured in leading cases on injunctions and “stays” and in contentious Chancery work (he has recently appeared in the Court of Appeal in two cases dealing with wills).

recommendations

Mark is in the top rank of property juniors in both the Legal 500 and Chambers Guide. 

In the current edition of the Legal 500 (September 2011). The editors say 'Mark Warwick reaps praise from clients; "if you need someone to turn something around in record time he will do it, and he will do it very well".

In the Chambers Guide (issued October 2011) the authors wrote, that Mark is "Someone who really makes you think - he raises very interesting points that other barristers might not think of; he is thorough and inventive" 

The 2010 comments are that he is "incredibly hard working-he always works until there is an answer and will always go the extra mile to find the right strategy"(Chambers) and "Mark Warwick was praised by a number of commentators for his “incredibly hard work”" (Legal 500).

Earlier comments include “bright and responsive”, “an industrious advocate, he is great on his feet” and  “one opponent said I “wouldn’t hesitate to use him myself if I wanted advice””.

Mark is the co-author of Warwick and Trompeter on Break Clauses.

featured cases 

Mark has featured in over 100 reported cases. Listed below is a selection of the more prominent and recent of those. 

In Re Lavin Decd (No 2) CA 31/01/12
Deceased's sister, and sole beneficiary, signs his name on his will, written out by sister's daughter, when he is on his deathbed. Factors to determine whether the will is valid.

Quest Advisors v McFeely (2011) LTL 9.12.2011
Consideration of an interim payment pursuant to a specific performance order and repudiation of a specific performance order.

CPS v Piper (2011) (Holman J.) 7.12.2011
Application of the law per Jones v Kernott (2011)SC, when considering the existence and size of a wife's interest in a property the subject of a confiscation order.

Milebush Properties v Tarneside Council CA LTL 17.03.2011 [2012] 1 P & CR 3
Whether appropriate to seek declaratory relief where there is a dispute between the non-party beneficiary of an easement granted by a planning agreement and the developer's successor.

BOH v Eastern Power Networks CA [2011] L&TR 223 and LTL 26.01.2011
No merger of leasehold and freehold interests, when business tenant acquired part of its reversion, thereby creating a never-ending lease.

Secret Hotels v EA Traveller Peter Smith J. LTL 11.05.2010
Parallel proceedings & seeking a stay of an English claim where an earlier case was begun in

Paddington Basin v West End Quay (2010) 1 WLR 2735
Whether an agreement dealing with the provision of services to a large number of lessees is a qualifying long term agreement for the purposes of s.20 of the Landlord & Tenant Act 1985

Standard Life v W&J Linney (Lewison J.)  LTL 25.2.2010 and [2011] L&TR 9
Break notice served upon original landlord , and copied to present landlords agent "for information", ineffective to determine the lease

Baker Tilly v Computer Associates ChD LTL 14.12.09
Break notice valid despite being served in former name of the tenant

IRT Oil v Fiber Optic LTL 3.12.09
Difficulty of assessing damages does not deprive Claimant of recovering a substantial award

Transview Properties v City Site Properties CA LTL 25.11.09
CA spells out criteria for adducing fresh evidence on appeal. Purchaser of property fails to obtain rectification of a sale agreement, so as to include an overage abatement provision.

Quest Advisors v McFeely LTL 22.10.09
Assignment that was in breach of contract term not to assign, adjudged not to be a repudiatory breach of that contract

In Re Lavin Decd  LTL 9.10.09
Proper approach to dispute over validity of a disputed will

Olins v Walters CA [2009] Ch. 212
Requirements needed to establish an enforceable mutual wills agreement

Bindra v Chopra CA LTL 20.3.09
Construction of trust deed, dealing with interests on death

Langham Estate Management Ltd v Hardy (2008) 3 EGLR 125
How to assess damages for breach of a landlord's repairing covenants

Leonora Investment Co v Mott Macdonald CA LTL 23.7.08
A landlord's failure to follow the prescribed machinery for the collection of service charges means that its claim fails

Hollis v Rolfe LTL 22.7.08
Catholic Church failed to establish that sale of former Convent School was in breach of trust or as a result of undue influence

Kurtha v Marks LTL 28.2.08
Application of the law of limitation to lost/stolen art

Greenwood Reversions Ltd v World Environment Foundation CA (2009) L&TR 2
The proper approach to the grant of relief against forfeiture of a long lease

The County Homesearch Company (Thames & Chilterns ) Ltd v Cowham [2008] 1 WLR 909
First case before CA dealing with a claim by a buyer's agent for commission on sale of a property

Statek Corp v Alford [2008] BCC 266
Breach of trust and fiduciary duties, and limitation

El Nasharty v Sainsburys [2008] 1 Lloyds Rep 360
Whether an injunction seeking to enforce an arbitration agreement is compatible with Art 6 of ECHR

Business Environment Bow Lane Ltd v Deanwater Estates Ltd CA (2007) 32 EG 90
Representations to tenant prior to entering into lease overridden by the executed lease

Lay v Drexler CA (2007)Bus LR 1357
The proper approach to costs pursuant to the Landlord & Tenant Act 1954 when landlord issued application for a new lease which the tenant later decided it did not want

Yewbelle Ltd v London Green Developments Ltd CA (2008) 1 P&CR 279
Conditional contracts - obligation to use all reasonable endeavours to complete a s.106 agreement

Weston v Gribben LTL 2.11.06 Court of Appeal
Consideration of the limits upon the Court's jurisdiction to add a party outside the limitation period

Weston v Dayman [2008] 1 BCLC 250 Court of Appeal
Effect of consent order discharging receivership and powers of a court to vary a consent order

Harris v Wallis (Times 12.5.06)
Court can order security for costs against a Claimant who took steps in relation to his assets long before litigation was begun, if those steps made it more difficult to enforce an order for costs

Fitzroy House Epworth Street v The Financial Times Ltd [2006] 1 WLR 2207
Court of Appeal overruled decision in Commercial Union v Label Ink (2001) L&TR 29 and decided that in a break clause, the test for 'material compliance' with the covenants in a lease was entirely objective

London Diocesan Fund v Phithwa (Avonridge Property Co Ltd, Pt 20 Defendant) [2005] 1 WLR 3956
House of Lords rules that the anti-avoidance provisions of Landlord & Tenant (Covenants) Act 1995 do not prevent the original landlord limiting its liability

Burkle Holdings Ltd v David Eric Laing [2005] EWHC 638 (QB)
Issues of general importance to the solicitors' profession concerning joint and several retainer and legal professional privilege

Sainsbury's Supermarkets Ltd v Olympia Homes Ltd [2005] 25 EG 193 (CS) Mann J.
Option agreement - whether Claimant's option constituting equitable interest binding on purchaser - effect of failure to register title by grantor of option

Englewood Properties Ltd v Patel and Cornberry Ltd [2005] 1 WLR 1961
Vendors duty as trustee between contract and completion

MCI Worldcom International Inc. v. Primus Telecommunications Inc. [2004] 1 BCLC 42
Misrepresentation by agent of contracting party

Lewis v. Eliades [2004] 1 WLR 692
Jurisdiction to enforce foreign judgment

P&S Platt Ltd v. Crouch [2004] 1 P. & C.R. 18
Court of Appeal decided that mooring rights were granted to a purchaser of land because of s62 LPA 1925

Gill v. Tsang LTL 10.7.2003
Jurisdiction to vary an order for specific performance existed despite the varied order differing from the terms of the parties' agreement

London & Argyll Developments v. Mount Cook Land LTL 10.6.2003
Lloyd J rectifies lease by construction, by inserting words into an alternations covenant

Co-operative Group v. Vivienne Properties EG 1.5.2003
Time limit for application to vary lease per s84(12) LPA 1925 runs from date of lease not from any earlier date

London & Regional v. TBI LTL 22.3.2002
Court of Appeal to decide no arguable trust claim where any agreement was without prejudice

Fivecourts Ltd v. J R Leisure Development Ltd [2001] L+TR 47
No further relief to tenant when existing consent order re relief against forfeiture.  Also no relief to sub-tenant

City Alliance v. Oxford Forecasting [2001] 1 All E.R. (Comm) 233, CA
Appellate guidance on circumstances when a contract's literal meaning can be ignored in favour of some other meaning

Sheikh Ahmed Jaber Al-Sabah v. Fehmi Mohammed Ali, Lange Estates Ltd, Brain & Brain (a firm) & Georgiou Nicholas (a firm) LTL 29.6.2000
Sheikh defrauded of flats (whilst in Kuwait), solicitor unwittingly helped fraudster

Hertfordshire Investments Ltd v. Bubb [2000] 1 WLR 2318
Adducing fresh evidence on appeals and on applications to set aside judgment

Broadmoor Special Hospital v. Robinson [2000] 1 WLR 1590
Public bodies' jurisdiction to obtain injunction

Petra Investments Ltd v. Jeffrey Rogers [2000] L & TR 451
When landlord's changes to a shopping centre derogate from a tenant's grant

Gatwick Parking Services Ltd v. Sargent [2000] 2 EGLR 45
Landlord opposing new lease per s30(1)(g) and adducing fresh evidence.

Banner Homes Group Ltd v. Luff Developments Ltd [2000] Ch 372
Oral joint venture enforceable through constructive trust

In Re Blenheim Leisure (Restaurants) Ltd (No. 2) [2001] BCC821
Proper approach to application for restoration to register

In Re Blenheim Leisure (Restaurants) Ltd (No. 1) [2000] BCC554
Landlord joined to object to restoration of tenant to the companies register

Rainbow Estates Ltd v. Tokenhold Ltd [1999] CH 64
Landlord obtaining specific performance of tenant's repairing covenant

Romulus Trading v. Comet Properties [1996] 2 EGLR 70
Letting adjacent premises for competing use not a derogation from grant

Kelsey H.A v. King [1996] 28 HLR 270
Circumstances in which Court can dispense with Notice per S8 HA 1988

Howard de Walden Estates Ltd v. Pasta Place Ltd [1995] 1 EGLR 79
Ddischarge of sureties' liabilities by variation

Milverton Group Ltd v. Warner World Ltd [1995] 2 EGLR 28
Landlord having to give credit for guarantor's payments

Mercantile Group v. Ayiela [1994] QB 366
Discovery/injunction against third parties

Connaught Restaurants Ltd v. Indoor Leisure Ltd [1994] 1 WLR 501
Exclusion of equitable set-off

Handel v. St Stephens Close Ltd [1994] 1 EGLR 70
Rights to park

Ashley Guarantee plc v. Zacaria [1993] 1 WLR 62
Mortgagee's right to possession