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James Hemsley

Partner

Biography

James is a Partner in the Property Litigation Team.

He advises multi-national companies, banks, Law of Property Act receivers, administrators, liquidators, trustees in bankruptcy and individuals on a wide range of contentious property and property insolvency matters.

James has extensive experience of advising on landlord and tenant issues such as obtaining possession orders and the service of appropriate notices, forfeiture, service charges, Landlord and Tenant Act 1954 claims, rent guarantees, dilapidations and the exercising of an option to break.

He also advises on other property issues such as restrictive covenants, easements, boundaries, rights to light and Party Wall Act awards and acted successfully in the reported case of Betterment Properties (Weymouth) Ltd -v-James Carthy & Company Limited [2010] EWCA Civ 1401 concerning the construction and interpretation of a Section 38 Agreement.

Relevant experience

  • Major Swiss bank: Acting for the client in the enforceability of its security over two properties in London worth over £50 million and advising on complications regarding redemption and anti-money laundering issues.
  • Major Swedish bank: Advising the client on the validity and enforceability of its security and personal guarantees and recoverability of a large shortfall in its security including strategic advice concerning charging orders and title issues. In addition, providing advice on potential professional negligence claims against its professional advisors.
  • International pub company: Advising and managing a large LPA Receivership involving the insolvency of one of the largest hotel and pub companies in the UK of over 200 pubs and hotels including providing legal and strategic advice to a Corporate Guarantor on a £16 million rental liability and tactics on minimising that liability.
  • Major high street bank: Advising the client on the validity and enforceability of its security and its strategy in connection with the insolvency of a large property development company in the South East and defending a £96 million counterclaim concerning complicated corporate structures and beneficial interests.
  • Major university: Advising the client on all aspects of their student accommodation including providing an overview of the complicated title structure and repairing and maintenance obligations as well as advising on the individual student licences and obtaining possession orders.