Gary
Blaker KC

Call: 1993 | KC: 2015

Tel: 020 7420 9500

About

Gary practises in all aspects of property law, property damage, professional negligence and commercial chancery litigation.

In addition to landlord and tenant and real property cases, Gary is experienced in property damage, professional negligence and civil fraud claims.

In recent years Gary has appeared in many leading cases both at trial and on appeal. These include:

  • P&P/Dreamvar, the landmark Court of Appeal case on property identity fraud
  • Ortiz Patino v MGI Golf & Leisure Opportunities Fund Limited, a Court of Appeal case about contractual interpretation of a profit share agreement relating to the Valderrama golf course
  • Valbonne Estates Ltd v Cityvalue Estates Ltd, where the Court of Appeal examined the principles relating to the reimposition of an injunction where there has not been full and frank disclosure
  • Gibbs v Lakeside Developments Limited, a Court of Appeal case about unjust enrichment and the law of forfeiture
  • Devere v LB Hounslow, a Chancery appeal concerning the unlawful mooring of houseboats in Brentford
  • Jafari v Tareem Limited a Chancery appeal about noise nuisance and which was listed by Property Week as one of their top 10 property cases of 2020
  • Tejani v Fitzroy Place Residential Limited, a high profile TCC trial of a breach of quiet enjoyment and contract claim, where the Claimant alleged that there was a “bubblewrap” popping noise in his apartment

Gary’s versatility often leads him to work outside mainstream property law and he enjoys learning about previously unfamiliar areas of law. Recent instructions have involved planning law, competition law and even personal injury issues. In recent years Gary has also developed a practice in property damage cases, particularly those caused by fires and floods.

Gary regularly receives praise for his approachability, the fact that he is an adept team leader, the dedication he brings to his cases and the commercial, practical advice he provides.

Gary is a Bencher of Middle Temple, where he was previously the Vice Chair of the Estates Committee.

Gary is currently the Chair of the Chancery Bar Association’s Wellbeing and Social Responsibility Committee.

In October 2020 Gary was appointed a Recorder of the Crown Court sitting on the South Eastern Circuit.

Gary’s has considerable experience in acting in fraud cases, especially where there is a property element to the fraud. He acted in the leading case (P&P/Dreamvar) on property identity fraud.

Current and recent instructions include:

  • A civil fraud claim representing doctors who were defrauded by a financial advisor
  • Acting in a property dispute concerning dishonest assistance and conspiracy
  • Acted for investors in a failed £30 million building development in Manchester
  • Acted for a mobile park owner in a fraudulent misrepresentation claim arising out of the alleged mis selling of park homes in a site in Yorkshire
  • A fraud claim worth £4 million between members of a Belgian family

Gary regularly acts in contractual disputes, often arising from the sale or development of land.

Current and recent instructions include:

  • A multi-million pound claim arising out of the sale of one of the world’s leading golf courses
  • A claim where the issue is whether a Lamborghini and items of jewellery were gifted to an ex partner or held on trust for investment purposes
  • Acted for investors in a failed £30 million building development in Manchester
  • An appeal dealing with the limits of the remedy of unjust enrichment where a lawful possession has taken place
  • A multi-million pound contractual dispute in relation to an internet cinema ticket booking system in the USA

Gary advises and appears in cases involving all aspects of landlord and tenant law.  This includes lease renewals, rent review, dilapidations, forfeiture and covenants. Gary also has specialised knowledge on the interaction between competition law and landlord and tenant having acted in cases on this subject.

 Current and recent instructions include:

  • Acting for a pension fund in a high-profile forfeiture and property damage claim relating to premises in Central London
  • Acting for a leading asset manager in a claim brought by a university regarding the enforceability of leasehold covenants and whether they were in breach of competition law
  • Representing the owner of a golf course in a 1954 Act lease renewal
  • Advising one of the country’s leading pub owners on Building Safety Act issues
  • Advising the owners of multi million pound apartments in relation to noise issues
  • A long running relief from forfeiture claim, acting for a lender which is seeking a new lease of commercial premise
  • Leading Henry Webb in Stonecrest Ltd v SBHA in the Court of Appeal. This appeal concerning repairing obligations settled shortly before the appeal.
  • Representing one of the world’s largest pension funds in a dispute about noise at a luxury development in Central London
  • A 1954 claim for one of the world’s leading fashion retailers concerning the redevelopment of its flagship London store
  • 1954 Act proceedings involving a high-profile mixed-use development in West Hampstead
  • Advising one of the leading UK cinema chains about landlord and tenant and competition issues
  • A dilapidations claim concerning a large office block in the City of London
  • Advising Network Rail and Sainsbury’s in relation to development and landlord and tenant issues
  • Advising leading UK restaurant groups about the rapidly evolving restaurant property market
  • A rent review dispute in relation to Oxford Street premises occupied by a well-known fashion retailer

Gary has a great deal of experience in professional negligence claims and is regularly instructed in cases involving solicitors, surveyors and other professionals.  Having been instructed in the leading case on property identity fraud this has led to a large number of instructions in this field.

Current and recent instructions include:

  • Acting for property investors in a large claim against a leading City firm of solicitors in relation to an alleged negligent purchase of a landmark building in the City of London
  • Representing a lender in a claim arising from an identity fraud
  • Representing one of the world’s largest law firms in connection with allegations of negligence arising from the construction of a mixed used development in North London
  • Acting for the victims of a large property identity fraud in the landmark P&P/Dreamvar litigation
  • Acting for a claimant in relation to the negligent lease extension of a multi-million pound property in West London
  • A multi-million pound solicitor’s negligence claim concerning investments in photo voltaic plants in Greece
  • A £2 million professional negligence claim on behalf of Henry Hallowes – once described as “Britain’s richest tramp” in relation to an alleged failure to register easements
  • A multi million pound claim against a leading town planning consultancy in respect of an application for a change of use for a community mental health hospital

Since taking silk in 2015, Gary has built up a practice in the area of property damage and in particular cases involving floods and fires.

Current and recent instructions include:

  • Acting for a pension fund in relation to a high profile forfeiture and property damage claim on premises in Central London
  • Representing the building owner in a dispute against a utility provider where works in the road led to significant flooding and damage to a listed building
  • A 10 day TCC trial dealing with water contamination at a factory
  • A TCC claim arising from a fire at a university science park
  • A dispute about a fire in a shop selling aquariums
  • A multi million dispute about a fire in a BT data centre
  • An engineering dispute in the TCC about the failure of cooling systems installed in a bank’s data centre
  • A landlord and tenant case where a fire had caused significant damage to a multi-million pound flat
  • A dispute about damage caused when a pond flooded a multi-million pound house in Surrey
  • Acting in a £10 million personal injury claim for a leading public body arising out of allegations of defective premises

Real property is a core part of Gary’s practice. He has acted in some of the most high profile noise, boundary and easement cases in recent years. He is familiar with all aspects of real property and in addition to the areas mentioned above, regularly advises upon and appears in disputes involving conveyancing, mortgages, adverse possession, fixtures and restrictive covenants.

Current and recent instructions include:

  • A boundary dispute between a multi-million pound home and a £100 million development site in Lancashire
  • Acting for a developer in a boundary, easement and parking dispute concerning a development of flats in Harrogate
  • Acting for a developer in a dispute about the construction of a road which was to serve a large housing and retail development
  • Acting for homeowners in Mayfair disrupted by serious noise from the development of a hotel
  • Advising Netflix in relation to the development of studios in the UK
  • A claim relating to the exercise of an option for the development of land in Sussex
  • A £5 million claim concerning parking rights at an office site in Brentford
  • Advising leading UK restaurant groups about the rapidly evolving restaurant property market
  • A boundary dispute in Kensington involving properties worth in excess of £10 million
  • Acting in a dispute over the development of a large former hospital in London
  • Advising numerous local authorities in relation to the reorganisation of housing stock

Below is a selection of Gary’s recent reported cases.

  • Ortiz-Patino v MGI Golf and Leisure Opportunities Fund Ltd [2024] EWCA CIV 862
    The Court considered a profit-sharing agreement in relation to the world-famous golf course Valderrama. It examined whether a profit share expressed to be triggered in the event of the sale of real estate assets was in fact triggered upon the sale of shares of a holding company owning the entity which in turn owned the real estate assets.
  • Ortiz-Patino v MGI Golf and Leisure Opportunities Fund Ltd [2023] EWHC 1203 (Ch)
  • Tejani v Fitzroy Place Residential Limited [2022] EWHC 3153 (TCC)
    The court examined different factors as to whether an order for indemnity costs should be made and what level of interim payment on account should be awarded.
  • Tejani v Fitzroy Place Residential Limited [2022] EWHC 2760 (TCC)
    Gary together with Paul de la Piquerie defended successfully a nuisance, breach of the covenant of quiet enjoyment and breach of contract claim. The Claimant had brought a claim in relation to popping noises at his flat which he alleged kept him and his family up at night and made the flat considerably less valuable than the £2.6 million which he had paid for the property.
  • Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWCA Civ 973
    The Court of Appeal upheld the dismissal of an injunction where there had been a failure to provide full and frank disclosure at the without notice application. The court examined the extent of judicial discretion when deciding whether to impose a new injunction.
  • Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWHC 544 (Ch)
    This case concerned whether the court could discharge an injunction where there had been breaches of full and frank disclosure obligations.
  • Tejani v Fitzroy Place Residential Limited [2020] B.L.R 571
    The court examined the principles as to when parts of a particulars of claim should be struck out in a noise nuisance claim.
  • Fishbourne Developments Ltd v Stephens  [2020] EWHC 932 (Ch)
    The issue before the court was whether an option had been exercised by virtue of a planning permission obtained by the Claimant. The Court went on to hold that “development” meant development of a new building albeit this did not have to be for agricultural use and “development of the Property” meant development of substantially the whole of the farm land which was the subject of the option.
  • In the matter of Pinnacle (Angelgate) Limited (in Liquidation) [2020] EWHC 141 (Ch)
    Gary appeared together with Isabel Petrie in this case about the failed residential development known as Pinnacle Angelgate Manchester. They successful recovered some of the investments made in the project by individual investors. The majority of the close to £30 million invested was lost as the developer went into administration and then liquidation. The case concerned how the proceeds of sale of the site together with other invested sums which had not been spent by Pinnacle and totalling over £6 million should be distributed.
  • John Innes Foundation & ors v Vertiv Infrastructure Limited [2020] EWHC 19 (TCC); [2020] PNLR 13; [2020] TCLR; 188 Con LR 77 (Roger ter Haar QC)
    Gary appeared for the successful Defendant Vertiv in striking out a £3 million property damage professional negligence claim. The claim concerned a fire at the Genome Centre at Norwich Research Park. It was held that Vertiv did not owe a duty of care to the freeholder or leaseholders whose property was damaged by the fire.
  • Jafari v Tareem Ltd [2019] LTL 29/10/2019 Nugee J; [2019] EWHC 3119 Ch
    Gary appeared for the successful respondents in this appeal about breach of covenant enjoyment and appeals from findings of fact. The case concerned the redevelopment of a hotel in Brighton. One part of the building was occupied by a dentist who alleged that scaffolding and noise caused significant loss of profits. Nugee J re-affirmed the tests to be applied in determining whether a breach of quiet enjoyment has occurred and when it is appropriate for appellate courts to interfere with findings of fact made by the trial judge
  • Gibbs v Lakeside Developments Limited [2018] EWCA Civ 2874; [2019] 4 WLR 6; [2019] 2 P&CR 6; [2019] L&TR 15; [2019] HLR 9; The Times 22 January 2019
    Gary appeared for the successful respondent in this interesting Court of Appeal case. The court examined principles concerning unjust enrichment, the finality of court orders and restated the law in relation to the forfeiture of residential long leases.
  • URT Group & ors v Dowers & ors [2018] EWHC 3195 (Ch); [2018] All ER (D) 13 (Dec) (Zacaroli J)
    Gary successfully persuaded the judge to exercise his discretion to reverse his previous decision in a dispute relating to equipment left at a factory upon disclaimer of a lease. The judge refused to order delivery up of property left at the factory premises at the end of the lease holding that there is a triable issue whether the items are tenant’s fixtures rather than chattels.
  • The London Borough of Hounslow v Devere & ors [2018] EWHC 1447 (Ch); [2018] L.L.R. 764
    Gary represented the London Borough of Hounslow in this interesting appeal concerning houseboat owners trespassing in Watermans Park, Brentford. Subject to minor variations of the trial judge’s order Gary successfully resisted the appeal and the trial judge’s findings were mainly upheld.
  • P&P Property Ltd v Owen White & Catlin LLP & anr and Dreamvar Ltd v Mishcon de Reya & anr [2019] Ch 273; [2018] 3 W.L.R. 1244; [2018] 4 All E.R. 277; [2018] Bus. L.R. 1668; [2018] Lloyd’s Rep. F.C. 445; [2018] P.N.L.R. 29; [2018]; [2019] 1 P&CR 1; EWCA Civ 1082.
    Gary was successful in this landmark conveyancing case concerning property identity fraud.  The court of appeal reversed the decision of the trial judge and awarded P&P equitable compensation for the purchase price and consequential losses. The court found that when Owen White & Catlin LLP, acting as solicitors for the vendor, paid away the purchase price of a property in West London to an imposter it did so in breach of trust and in breach of an undertaking provided under the Law Society Code for Completion by Post 2011. OWC was refused relief under section 61 of the Trustee Act 1925.
  • London College of Business Ltd v Tareem Ltd & Anor [2018] EWHC 437 (Ch) (John Martin QC)
    Gary successfully defended a claim for breach of quiet enjoyment in excess of £1 million.  The Claimant has instead been ordered to pay Gary’s client a sum of about £30,000 in respect of unpaid service charges.
  • Crown House Technologies Ltd  v Cardiff Commissioning Ltd and Emerson Network Power Limited [2018] EWHC 54 (TCC)
    Coulson J. Gary successfully obtained summary judgment on behalf of the Second Defendant in a £1.2m claim concerning the supply of chiller units to a data centre.
  • Leading Silk – Property Litigation (Legal 500 2025)
  • Leading Silk – Professional Negligence (Legal 500 2025)
  • Leading Silk – Real Estate Litigation (Chambers & Partners 2025)
  • Leading Silk – Real Estate (Who’s Who Legal 2024)

Recent published comments about Gary include the following:

  • “Gary is a very technical barrister who is strong on his feet in court and a good interrogator.”  (Chambers and Partners 2025)
  • “Gary is incredibly attentive and a great team player.” (Chambers and Partners 2025)
  • “An outstanding silk to work with and he is bright, commercial and a team player.” (Chambers and Partners 2024)
  • “Gary is an incredibly skilled advocate who bolsters his depth of knowledge and skill, particularly in the law of nuisance, by being a very commercial, pragmatic and client-friendly KC who is always on hand and gives well-considered strategic advice.” (Chambers and Partners 2024)
  • Gary’s technical knowledge is superb and his advocacy is very strong; I have seen him adapt his advocacy style on his feet.” (Chambers and Partners 2024)
  • Gary is a master-strategist and his advocacy and cross-examination in particular are exceptionally well planned to draw the judge to compelling conclusions.” (Legal 500 2024)
  • A silk with an outstanding legal mind, what really makes Gary stand out is the excellent support he provides to instructing solicitors and his very reassuring style with clients.” (Legal 500 2023)
  • “Gary has the ability to break down complex legal issues for clients and explain them in a clear, commercial and highly credible way.” (Chambers and Partners 2023)
  • “He is very strong on the technical side and very strong on the law. Judges like him and he commands the attention of the tribunal.” (Chambers and Partner 2023)
  • “Gary is calmness incarnate. He has a wealth of knowledge and is able to put clients at their ease. In court he is tenacious but always with respect. With judges he is firm when he needs to be and always seems to have the ear of the court.” (Legal 500 2022)
  • “Gary Blaker QC is ‘very thorough’ and ‘his advocacy is very measured calm and convincing’ and has notable expertise in advising on claims involving property identity fraud” (Legal 500 2022)
  • A go-to QC; he is great to work with good as a team player. Clients have confidence in him.” (Legal 500 2021)
  • He is someone you want in your corner in a tight spot.” (Legal 500 2021)
  • “He’s an absolute master where property and professional negligence collide.” (Chambers and Partners 2021)
  • “He has the ability to distil complex legal issues and offer workable practical solutions rather than just stating the law.” (Chambers and Partners 2020)

MA (Cantab)

  • Recorder of the Crown Court (2020)
  • Bencher of Middle Temple (2015)
  • Chair of the Chancery Bar Association’s wellbeing and social responsibility committee (2020)
  • Vice Chair of the Bar Council’s Pro Bono and Social Responsibility Committee (2020-2022)
  • Vice Chair of the Estates Committee at Middle Temple (2021-2023)
  • Chancery Bar Association
  • Property Bar Association
  • Profession Negligence Bar Association

Please see Gary’s Privacy Notice here.

ICO Registration Number: Z4784484

Registered Name: Gary Mark Blaker KC

VAT Number: 663051749