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Paul Clarke

Call: 1997

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Overview

Paul is a litigator. His work includes commercial disputes, real estate, partnerships, landlord and tenant, trusts and estates, professional negligence, company/insolvency, freezing injunctions and other interim remedies.

Paul prioritises giving effective and practical advice, and his whole approach is geared to achieving the best result for his clients, giving full consideration to Alternative Dispute Resolution options outside Court. He has more than 20 years’ experience and appears in the Court of Appeal, High Court, County Court, and Property Tribunals.

 

Paul is Public Access qualified and is therefore also able to accept instructions directly from members of the public. Further information may be obtained from the Maitland Chambers clerks. 

Terms of Business 

The clerks are happy to discuss the basis on which Paul will act in any given matter. In the absence of express written agreement otherwise, the terms under which Paul accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

“He works on a case closely together as a team and agrees strategy. He is also incredibly user-friendly." "He gave concise, easy-to-follow and commercial advice. He was able to pull out points that had not previously been considered.” (2022)

Chambers UK
Real Estate Litigation

“He's very responsive, good on paper, thorough and good on the tactical side as well.” (2021)

Chambers UK
Real Estate Litigation

“Rated in the UK Legal 500 are the "practical solutions" of Paul Clarke.”

Legal 500 UK
Property Litigation

Expertise

Commercial Disputes 

Overview

  • Contractual disputes in all areas
  • Joint venture agreements
  • Guarantees and indemnities
  • Factoring agreements
  • Warranties
  • Overage agreements
  • Sale of land agreements

Real Estate 

Overview

  • Rights of way and other easements
  • Restrictive covenants
  • Co-ownership disputes
  • Mortgages
  • Adverse possession
  • Proprietary estoppel.

Landlord and tenant (residential)

  • Rent and service charge claims
  • Forfeiture and possession
  • Breach of covenant
  • Alterations
  • User clauses
  • Dilapidations
  • Break notices
  • Leasehold enfranchisement and rights of first refusal.
  • Rent Act and Housing Act tenancies.

Landlord and tenant (non-residential)

  • All aspects relating to commercial leases, including
  • Contested proceedings under Part II of the Landlord and Tenant Act 1954
  • Agricultural tenancies.

Private Client 

Overview

  • Trusts, including claims against trustees for breach of trust
  • Applications under CPR Part 64
  • Contentious Wills and Probate disputes including undue influence claims.

Partnership Disputes 

Overview

  • Whether a partnership exists
  • Extent of partnership property
  • Disputes between partners including for breach of duty
  • Issues arising on dissolution of partnership.

Company & Insolvency 

Overview

  • Claims against administrators and liquidators
  • Applications to set aside statutory demands
  • Issues arising on liquidation
  • Claims for breach of duty by directors
  • Unfair prejudice to shareholders.

Professional Negligence 

Overview

  • Claims against solicitors
  • Barristers
  • Surveyors and valuers
  • Accountants

Notable Cases 

Overview

Notable cases include:

  • (1) Warwickshire Aviation Ltd (2) Terence Timms (3) South Warwickshire School of Flying Ltd (4) Take Flight Aviation Ltd v Littler Investments Ltd [2019] L&TR 19 : Led by Thomas Grant KC acting for the Defendant landlord in contested lease renewal proceedings under section 30(1)(f) of Part II of the Landlord and Tenant Act 1954.
  • Warwickshire Aviation Ltd v Littler Investments Ltd [2018] 6 WLUK 683
  • Generator Developments Ltd v Lidl UK GmbH [2018] EWCA Civ 396: Led by John McGhee KC acting for the Respondent, Lidl supermarket, on appeal to the Court of Appeal by Generator Developments a property development company, seeking a share in land purchased by Lidl relying on a Pallant v Morgan equity.
  • Yorkshire Water Services Ltd (1) Bovis Homes Ltd (2) v Muzycka [2018] 6WLUK 386: Acting for Bovis Homes in a claim to prevent trespass onto Bovis’ land and obstruction to Bovis’ roadway.
  • Everitt v Zeital [2018] EWHC 1316 (Ch): Acting for the Applicant liquidator in a claim for delivery up of a residential flat under the Insolvency Act 1986.
  • Moore v Moore [2016] EWHC 2202 (Ch) Led by Nigel Thomas acting for the Defendants in a promissory estoppel claim relating to a farm.
  • Generator Developments LLP v Lidl UK GmbH [2016] EWHC 814 (Ch)
  • Ahmed v Ahad (Deceased), Ahmed v National Westminster Bank Plc [2011] EWCA Civ 51, [2011] All ER (D) 29 (Feb). An appeal to the Court of Appeal over a possession order arising out of a partnership dispute relating to commercial premises.
  • Carpenter v Calico Quays Ltd [2011] EWHC 96 (Ch), [2011] All ER (D) 212 (Jan). Led by John McGhee KC in a claim relating to the extent and purposes of a right of way to commercial premises.
  • Hapeshi v Alnatt [2013] 11 WLUK 583. Administration of estate.  Removal of joint executor.
  • Greene King PLC v Quisine Restaurants Ltd [2012] EWCA 698.  Led by John McGhee KC acting for Greene King Plc in a dispute over whether on true construction a clause in a licence agreement operated as a condition precedent to liability under a guarantee.
  • Bordcrest Properties Ltd v Development Planning Partnership LLP [2010] EWHC 644 (Ch), [2010] All ER(D) 182 (Apr). Resisting an application for summary judgment which considered the effect of a break notice in a commercial lease and principles of waiver and estoppel.
  • Kyriacos Costas Hapeshi v Athena Allnatt [2010] EWHC 392 (Ch). Defending a claim relating to the equitable ownership of a co-owned property and applying the House of Lords decision in Stack v Dowden.
  • Carphone Warehouse UK Ltd v Malekout [2006] EWCA Civ 767.  Acting for Carphone Warehouse in a claim for possession against a party claiming a Rent Act tenancy.
  • Susan Bishop v Elizabeth Blake [2006] EWHC 831(Ch)
  • Iqbal v Thackrar [2004] EWCA Civ 592. A claim relating to breach of the alterations covenant under a lease of restaurant premises.
  • WX Investments v Begg [2002] 1 WLR 2849.  Acting for the Second Defendant in a claim relating to whether a tenant’s counter-notice in a rent review had been properly served.

Directory quotes

Chambers UK
Real Estate Litigation

“He works on a case closely together as a team and agrees strategy. He is also incredibly user-friendly." "He gave concise, easy-to-follow and commercial advice. He was able to pull out points that had not previously been considered.” (2022)

Chambers UK
Real Estate Litigation

“He's very responsive, good on paper, thorough and good on the tactical side as well.” (2021)

Legal 500 UK
Property Litigation

“Rated in the UK Legal 500 are the "practical solutions" of Paul Clarke.”

Qualifications

  • MA Philosophy and English (St And)
  • CPE Diploma in Law

Recent Articles

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Paul Clarke

Call: 1997

pclarke@maitlandchambers.com

“He works on a case closely together as a team and agrees strategy. He is also incredibly user-friendly." "He gave concise, easy-to-follow and commercial advice. He was able to pull out points that had not previously been considered.” (2022)

Chambers UK

Real Estate Litigation

Overview

Paul is a litigator. His work includes commercial disputes, real estate, partnerships, landlord and tenant, trusts and estates, professional negligence, company/insolvency, freezing injunctions and other interim remedies.

Paul prioritises giving effective and practical advice, and his whole approach is geared to achieving the best result for his clients, giving full consideration to Alternative Dispute Resolution options outside Court. He has more than 20 years’ experience and appears in the Court of Appeal, High Court, County Court, and Property Tribunals.

Paul is Public Access qualified and is therefore also able to accept instructions directly from members of the public. Further information may be obtained from the Maitland Chambers clerks. 

Terms of Business 

The clerks are happy to discuss the basis on which Paul will act in any given matter. In the absence of express written agreement otherwise, the terms under which Paul accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Qualifications

  • MA Philosophy and English (St And)
  • CPE Diploma in Law

Commercial Disputes

  • Contractual disputes in all areas
  • Joint venture agreements
  • Guarantees and indemnities
  • Factoring agreements
  • Warranties
  • Overage agreements
  • Sale of land agreements

Real Estate

  • Rights of way and other easements
  • Restrictive covenants
  • Co-ownership disputes
  • Mortgages
  • Adverse possession
  • Proprietary estoppel.

Landlord and tenant (residential)

  • Rent and service charge claims
  • Forfeiture and possession
  • Breach of covenant
  • Alterations
  • User clauses
  • Dilapidations
  • Break notices
  • Leasehold enfranchisement and rights of first refusal.
  • Rent Act and Housing Act tenancies.

Landlord and tenant (non-residential)

  • All aspects relating to commercial leases, including
  • Contested proceedings under Part II of the Landlord and Tenant Act 1954
  • Agricultural tenancies.

Private Client

  • Trusts, including claims against trustees for breach of trust
  • Applications under CPR Part 64
  • Contentious Wills and Probate disputes including undue influence claims.

Partnership Disputes

  • Whether a partnership exists
  • Extent of partnership property
  • Disputes between partners including for breach of duty
  • Issues arising on dissolution of partnership.

Company & Insolvency

  • Claims against administrators and liquidators
  • Applications to set aside statutory demands
  • Issues arising on liquidation
  • Claims for breach of duty by directors
  • Unfair prejudice to shareholders.

Professional Negligence

  • Claims against solicitors
  • Barristers
  • Surveyors and valuers
  • Accountants

Notable Cases

Notable cases include:

  • (1) Warwickshire Aviation Ltd (2) Terence Timms (3) South Warwickshire School of Flying Ltd (4) Take Flight Aviation Ltd v Littler Investments Ltd [2019] L&TR 19 : Led by Thomas Grant KC acting for the Defendant landlord in contested lease renewal proceedings under section 30(1)(f) of Part II of the Landlord and Tenant Act 1954.
  • Warwickshire Aviation Ltd v Littler Investments Ltd [2018] 6 WLUK 683
  • Generator Developments Ltd v Lidl UK GmbH [2018] EWCA Civ 396: Led by John McGhee KC acting for the Respondent, Lidl supermarket, on appeal to the Court of Appeal by Generator Developments a property development company, seeking a share in land purchased by Lidl relying on a Pallant v Morgan equity.
  • Yorkshire Water Services Ltd (1) Bovis Homes Ltd (2) v Muzycka [2018] 6WLUK 386: Acting for Bovis Homes in a claim to prevent trespass onto Bovis’ land and obstruction to Bovis’ roadway.
  • Everitt v Zeital [2018] EWHC 1316 (Ch): Acting for the Applicant liquidator in a claim for delivery up of a residential flat under the Insolvency Act 1986.
  • Moore v Moore [2016] EWHC 2202 (Ch) Led by Nigel Thomas acting for the Defendants in a promissory estoppel claim relating to a farm.
  • Generator Developments LLP v Lidl UK GmbH [2016] EWHC 814 (Ch)
  • Ahmed v Ahad (Deceased), Ahmed v National Westminster Bank Plc [2011] EWCA Civ 51, [2011] All ER (D) 29 (Feb). An appeal to the Court of Appeal over a possession order arising out of a partnership dispute relating to commercial premises.
  • Carpenter v Calico Quays Ltd [2011] EWHC 96 (Ch), [2011] All ER (D) 212 (Jan). Led by John McGhee KC in a claim relating to the extent and purposes of a right of way to commercial premises.
  • Hapeshi v Alnatt [2013] 11 WLUK 583. Administration of estate.  Removal of joint executor.
  • Greene King PLC v Quisine Restaurants Ltd [2012] EWCA 698.  Led by John McGhee KC acting for Greene King Plc in a dispute over whether on true construction a clause in a licence agreement operated as a condition precedent to liability under a guarantee.
  • Bordcrest Properties Ltd v Development Planning Partnership LLP [2010] EWHC 644 (Ch), [2010] All ER(D) 182 (Apr). Resisting an application for summary judgment which considered the effect of a break notice in a commercial lease and principles of waiver and estoppel.
  • Kyriacos Costas Hapeshi v Athena Allnatt [2010] EWHC 392 (Ch). Defending a claim relating to the equitable ownership of a co-owned property and applying the House of Lords decision in Stack v Dowden.
  • Carphone Warehouse UK Ltd v Malekout [2006] EWCA Civ 767.  Acting for Carphone Warehouse in a claim for possession against a party claiming a Rent Act tenancy.
  • Susan Bishop v Elizabeth Blake [2006] EWHC 831(Ch)
  • Iqbal v Thackrar [2004] EWCA Civ 592. A claim relating to breach of the alterations covenant under a lease of restaurant premises.
  • WX Investments v Begg [2002] 1 WLR 2849.  Acting for the Second Defendant in a claim relating to whether a tenant’s counter-notice in a rent review had been properly served.
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