James Hemsley

James is a Senior Associate 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 

  • Large hotel and 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.
  • Various clients: Advising and managing an LPA Receivership of over 200 properties in South Wales including obtaining possession orders, advising on enfranchisement, service charge issues and potential claims against a developer and the NHBC, dealing with title issues and Torts Act notices.
  • Administrators of the Game Group: Providing commercial property litigation advice including dealing with Landlord and Tenant Act 1954 claims for the administrators of the Game Group following the collapse of the retailer which had over 600 shops.
  • Private company: Acting for a large LPA Receivership on the Isle of Wight on a wide range of issues including successfully dealing with a claim in the Lands Tribunal regarding complicated service charge claims and set-off leading the client to recover over £300,000 of unpaid service charges and ground rent.
  • 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.

James Hemsley

James Hemsley

Senior Associate

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+44(0)1752 526038

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Related Expertise

Property Litigation