Philip Kremen

A substantial proportion of Philip's work is property related, covering property litigation and advice in all areas of landlord and tenant, conveyancing, restrictive covenants, easements, options and property related professional negligence claims. In addition, Philip also has considerable experience in civil fraud work and asset recovery that has involved him in overseas work on a regular basis. Philip is noted in the Legal 500 as a leading property litigation junior. He is also commended in Chambers Guide 2006 as an outstanding litigator and for bringing to all cases a sensible commercial approach, providing all clients with advice of a clear and pragmatic nature.

Year of Call: 1975
Professional memberships: Chancery Bar Association

Recent and reported cases:

Fenton Properties Inc. v 41 Arundel Gardens Ltd (LTL 19.12.05) Peter Smith J.
(local authority's letter outlining items that an inspector had found required attention was not a notice under the Housing Act 1985 s.352 and the specifications in that letter were not sufficient to found an order for specific performance)

Mount Cook Land Ltd v Joint London Holdings Ltd (2005) EWHC 507 Court of Appeal
( "victualler" in user clause in lease was not restricted to licensed victuallers and so use of premises as a sandwich shop was prohibited)

Luiz Vicente Barros Mattos Junior v MacDaniels Ltd (LTL 24.6.05) Lawrence Collins J.
(amendments allowed to particulars of claim where the amended particulars of claim did not add new causes of action but were based on the same legal and factual basis as the existing claim and the amendments raised matters which were arguable at trial)

Norman Hill & Terence Welford v Transport for London [2005] Ch 378 Rimer J.
(sense of the word "first" in the phrase "first accrued to the Crown" in the Limitation Act 1980 Sch.1 para.12 was "earlier" or "previously" and not "originally". Paragraph 12 provided a complete code for possession claims brought by persons claiming through the Crown, whether the right of action accrued originally to the Crown or only so accrued earlier)

Unique Pub Properties v Beer Barrels Ltd (2004) EWCA Civ 586 Court of Appeal
(wholesaler of alcoholic beverages did not have the requisite knowledge and intent to make out an actionable interference when in making a supply to a tied tenant)

Email: philip.kremen@selbornechambers.co.uk