Neil Mendoza

Neil is a highly accomplished commercial litigator whose practice substantially involves disputes in a business context. Whilst providing friendly, pragmatic and plain-speaking advice, he is also known as a tenacious advocate who does not flinch or back off under pressure. In a particularly difficult case, one Chancery Judge remarked that the client should be grateful to Neil for his “dogged and determined advocacy”.

Many of Neil’s cases involve land and property issues and, from the development of his practice over the years, he has extensive practical experience in commercial landlord and tenant and general property litigation including conveyancing, easements and boundaries. This has led to Neil being commended in the Legal 500 as a Leading Junior for Property work.

Neil is regularly instructed by mortgage lenders both in respect of difficult repossession issues and has been involved in numerous professional negligence claims against solicitors and surveyors.

Year of Call: 1982

Professional memberships: Fellow of the Chartered Institute of Arbitrators, Chancery Bar Association, Property Bar Association, Professional Negligence Bar Association, London Common Law and Commercial Bar Association

Recent and reported cases:

Investec v The Retail Group – [2009] EWHC 476
(Construction of profit share agreement in banking transaction. Issues of rectification for unilateral and mutual mistake)

Khodari v Al Tamimi – [2009] EWHC 3065
(Claim for repayment of substantial loans that had been utilised by borrower for gambling in London casinos. Consideration of Gaming Acts, Consumer Credit Act and allegations of breach of fiduciary duty)

Watson v Piler – January 2008
(Dispute as to extent of rights of entry pursuant to Access to Neighbouring Land Act 1992)

Corke & Sons v Cornish Bakehouse Ltd – December 2008
(Dispute concerning the infrequently used provisions of section 30(1)(e) of the Landlord and Tenant Act 1954 - rental value of commercial premises let in parts as compared with letting value of a single letting of the whole property)

Patel v Air India – September 2008
(Allegations under Disability Discrimination Act in respect of wheelchair assistance at Heathrow Airport. Subsequent issue concerning solicitor’s liability for Wasted Costs Order)

Pears v Dean – July 2008
(Interesting injunction involving easements, rights to light and party walls)

Rooftop Mortgages v Lewis – June 2008
(Mortgage repossession dispute with complicated issues relating to claims of competing equitable interests of borrower and son, and principles of subrogation concerning lender and its predecessors)

Yau v Shaftesbury Carnaby Ltd – March 2008
(Dispute concerning “eggshell” tenancy of restaurant premises and extent of works required for section 30(1)(f) of Landlord and Tenant Act 1954)

Manches LLP v Green – [2008] EWHC 917
(Recovery of substantial fees by solicitors with counterclaim raising issues as to professional negligence, the formation of the retainer and work carried out by highly experienced, but unqualified, staff)

Beton v Streets – December 2007
(Boundary dispute between neighbouring owners of high value residential properties. Principles of adverse possession under Schedule VI to the Land Registration Act 2002)

Holder v Ryanair - September 2007
(Wrongful removal of passengers from aircraft. Damages under contract of carriage by air and EU Regulations)

Yorkshire Electricity Distribution Plc v Telewest Plc (CA) [2006] EWCA Civ 1418
(Liability for damage to underground cable television ducting under the New Roads and Street Works Act 1991. Interrelation between statutory scheme for compensation and common law torts of negligence and wrongful interference with goods)

Foxtons v Thesleff (CA) LTL 19.4.2005
(Construction of estate agency contract, impact of the Estate Agents (Provision of Information) Regulations 1991, and liability for commission of a party who signed written contract but acted as an agent of the vendor)

Ross v Ryanair & Stansted Airport Ltd (CA) The Times 11.1.2005
(Responsibility of airlines and airports owed under the Disability Discrimination Act 1995 to disabled passengers using wheelchairs)

Technocrats International Inc v Fredic LTL 29.11.2004
(Whether monies subject to freezing order were secured in favour of the Claimant where corporate Defendant went into Administration)

Asiansky Television v Bayer Rosin LTL 16.6.2004
(Solicitor’s negligence - whether but for the misconduct the transaction would have occurred either at all or at a lower price)

Hackney LBC v Side by Side (Kids) Ltd [2004] 1 WLR 363
(Postponing execution of Orders for possession. Application of section 89 of the Housing Act 1980 in the County Court and the High Court)

Asiansky Television v Bayer Rosin (CA) LTL 11.11.2003
(Scope of duty of solicitor who had acted negligently in respect of a property acquisition)

Tennero Ltd v Majorarch Ltd (2003) 47 EG 154 (CS)
(Forfeiture of deposits in a conveyancing transaction and relief from forfeiture. Whether information dictated over the telephone and specifically noted constituted notice in writing)

McKinnon v E. Surv Ltd [2003] 04 EG 152 (CS)
(Measure of damages in surveyors’ negligence cases).

Mitchell v James LTL 12.7.2002. ILR 18.7.2002
(Effect of offers to settle including costs and construction of CPR Part 36).

A De Gruchy Holdings Ltd v House of Fraser LTL 14.9.2001
(Determination of amounts due by way of management fee under JCT contract and quantum meruit arising in the fitting out of a department store).

Emery v UCB Corporate Services Ltd CA LTL 30.4.2001
(Criteria for a successful assertion of promissory estoppel against mortgage lenders).

Raiss v Palmano (2001) PNLR 21; (2001) PNLR 540; (2002) LTL 27.11.2002
(Immunity of expert witness despite misrepresentations as to his professional qualifications).

Civil & Marine Slag Cement Ltd v Cambrian Stone Ltd LTL 23.6.2000
(Construction of contract and whether damage was consequential loss within the meaning of an exclusion clause).

Interoute Telecommunications (UK) Ltd v Fashion Gossip Ltd The Times 10.11.1999
(Duty to take full note when applying ex parte for relief (particularly freezing injunctions).

Anselm v Anselm LTL 2.7.99
(Preservation of partnership property pending trial).

In Re a Debtor LTL 16.12.1998
(Interpretation of the Insolvency Rules to be applied by the chairmen of a creditors’ meeting).

Savva v Houssain The Times 6.5.96
(Validity of section 146 notices where landlord incorrectly stated that a breach of covenant was incapable of remedy).

Email: neil.mendoza@selbornechambers.co.uk