Mark Warwick

Mark is renowned at the bar for his specialist property practice as well as his extensive work in contracts relating to construction and enforcement of commercial agreements. He also advises on property related professional negligence and is recognised for his expertise in contentious chancery work including partnership and trusts of land.

He is often instructed in cases that call for original ways of presenting or defending a claim.

Mark is recommended in the Legal 500 as "one of the most experienced and well-regarded juniors" in property litigation. The 2007 edition adds that he is "very popular" and the praise of one opponent who “wouldn’t hesitate to use him myself if I needed advice” .

Mark is also a "leader at the bar" in real estate litigation and is described as being "bright and responsive" (Chambers Guide to the UK Legal Profession 2006). The 2008 edition notes his “commerciality that sets him apart from the run of the mill” and adds that he is "an industrious advocate, he is great on his feet".

Year of Call: 1974

Professional memberships: Chancery Bar Association, Property Bar Association, Professional Negligence Bar Association

Recent and reported cases:

Kurtha v Marks; Lawtel 28.2.08
(application of the law of limitation to lost/stolen art)

Leonora Investment Co v Mott Macdonald; Lawtel 7.2.08
(a landlord's failure to follow the prescribed machinery for the collection of service charges means that its claim fails)

Greenwood Reversions Ltd v World Environment Foundation CA; Lawtel 6.2.08
(the proper approach to the grant of relief against forfeiture of a long lease )

Olins v Walters; Lawtel 25.1.08
(requirements needed to establish an enforceable mutual wills agreement )

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; Times 12.2.08
(Breach of trust and fiduciary duties, and limitation)

El Nasharty v Sainsburys (2007) EWHC 2618 (Comm); Lawtel 21.11.07
(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 23.5.07
(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
(discharge 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)

Email: mark.warwick@selbornechambers.co.uk