Neil Mendoza

Nearly all Neil's work has a strong property bias. He has extensive experience in commercial landlord and tenant and general property litigation including conveyancing, easements and boundaries. Neil has also dealt in the area of professional negligence, primarily acting for mortgage lenders, involving claims against solicitors, surveyors and architects.

His experience in construction litigation has seen him conduct extensive defence work for architects and structural engineers.

Neil is commended in the Legal 500 as a leading property litigation junior.

At Cambridge, Neil was the President of the University Law Society and Vice President of the Inner Temple Society.

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:

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