Gary Blaker

Gary has a Chancery practice with a strong emphasis on all aspects of property litigation. He has particular expertise in landlord and tenant, (commercial, residential and enfranchisement) real property (easements, covenants, boundary disputes and mortgages) and property-related professional negligence. He is also experienced in commercial Chancery litigation including insolvency, partnership and contractual disputes.

Recognised in the Legal 500 since 2002 as a leading junior for property litigation, Gary has been described as having “a solid reputation” and has been recommended for his expertise in mainstream landlord and tenant litigation, and statutory enforcement notices in particular (Legal 500, 2005).

Promoted in the 2007 edition of the Legal 500, Gary is now listed as one of the 36 leading juniors in the field of property litigation.

He is recommended also by Legal Experts 2007 in property and commercial litigation.

Gary regularly provides lectures and seminars.

Year of Call: 1993
Professional memberships: Property Bar Association, Chancery Bar Association.

Recent and reported cases:

Ezekiel v Kohali [2008] EWHC 734 (Ch); LTL 11.04.08
(Whether purchasers of land had actual knowledge of the extent of the sellers’ ownership. Whether representations made by the sellers had been relied upon by the purchasers of the land)

Signet Partners Ltd v Signet Research and Advisory SA & others [2007] EWHC QB 1263; LTL 4.6.07
(Represented an introducer of funds to a hedge fund in respect of unpaid fees and commissions payable by the hedge fund)

Trans-World Investments Ltd v Dadarwalla [2007] EWCA Civ 480; [2008] 1 P & CR 18
(Court of Appeal examined to what extent a judge could take into account the passing rent when determining a new rent under section 34(1) of the Landlord and Tenant Act 1954)

Haycocks & anr v Neville & anr (CA) [2007] 04 EG 186 (CS); [2007] 12 EG 156
(Court of Appeal examined whether the trial judge had been entitled to reject boundary locations, as contended for by the parties, in favour of her own method in interpreting the location. Whether it was permissible to have regard to matters occurring since the legal boundary was fixed)

Estate Acquisition and Development Ltd v Wiltshire & Anor (CA) The Times 12.6.06
(Whether failure to attend a possession hearing due to lack of knowledge about the hearing amounted to a “good reason” for not attending within CPR 39.3(3))

Wilderbrook Ltd v Oluwu (CA) [2006] 1 P & CR DG 18; [2006] 2 P &CR 4; (2005) NPC 133
(Whether the presumption that time is not of the essence in a rent review clause had been rebutted through clear and explicit contra indications)

Jeffrey Green Russell v Ruddock. LTL 12.10.05 Evans-Lombe J
(Successfully appealed the setting aside of a statutory demand where the judge failed to undertake the process to determine whether the Respondent had a cross claim equaling or exceeding the claim)

Gharavi-Nakhjavani v Pelagias (CA) LTL 20.6.05
(Successful challenge to account taken between former partners. Master erred in relying on similar figures produced by Respondent and his accountant without explaining the significance of the similarity)

Stephens v Cannon. The Times 2.5.05
(Appeal concerning when a judge is entitled to rely on the burden of proof and the extent reasons have to be given when doing so)

Qutb v Hussain and The Bank of Scotland (2005) EWHC 157 (Ch)
(Setting aside a sale of a house – whether transferor had capacity – undue influence and unconscionable bargain)

Gil v Baygreen Properties (in liquidation) (2004) EWHC 1732 (Ch); [2005] BPIR 95
(Sale of property at an undervalue - setting aside under section 423 Insolvency Act 1986)

Gil v Baygreen Properties (in liquidation) (2004) EWHC 2029 (Ch); [2005] 1 Costs LT 75
(Discount in costs payable due to party fabricating evidence and failing to respond to constructive settlement proposals)

Havering LBC v O'Connor (2002) All ER (D) 88
(Application to commit against traveller - whether terms of the injunction breached)

R v Clearbrook Group plc [2001] 4 PLR 78; (2002) JPL 567 (CA)
(Tree preservation orders - cutting down fruit trees - meaning of "fruit tree cultivated for fruit production")

Moodie v Haringey London Borough Council (2002) All ER (D) 43
(Appeal against bankruptcy order - made pursuant to unpaid rent under a commercial lease)

Barratt Homes Ltd v BBF Consultancy Group LTL 12.07.01 (CA)
(Architects - oral contracts - whether intention to create legal relations between client and architect for drawings for planning permission)

Sasson v Grover (2001) EWCA Civ 1458
(Application for possession - whether applicant entitled to remain at the property on basis of alleged agreement that he would carry out repairs in lieu of full payment of rent)

Slatter v Ronaldsons (2001) All ER (D) 251; [2002] 2 Costs LR 267
(Solicitors' lien over documents in respect of unpaid costs - whether firm estopped from claiming payment)

Havering LBC v Network Sites Ltd The Times 2 January 1998; [1998] 1 PLR 103
(Meaning of 'shop window' within planning regulations)

Network Sites Ltd v Havering LBC (1997) 161 J.P 628; [1997] Crim LR 595
(Date when information is laid in the Magistrates' Court)

Havering LBC v Secretary of State for the Environment (1997) J.P.L. B165
(Quashing a planning inspector's decision as the inspector was functus officio)

Publications:

Contributor to the Property section of Law Brief Update www.lawbriefupdate.com

Author of chapter in Butterworths Law of Limitation.

Author of numerous articles in Solicitors' Journal and other legal publications including "All Change" - when it is reasonable for landlords to refuse consent to carry out alternations (Sol.J. April 2005) and "Construction of Notices in Landlord and Tenant cases" (Sol.J. September 2003).

Email: gary.blaker@selbornechambers.co.uk