Katharine Holland KC

Property

Katharine's practice encompasses all aspects of property litigation, related professional negligence, related insolvency litigation and commercial Chancery litigation. Her focus is principally upon Court related work and she is highly experienced in appearing before a wide variety of courts and tribunals at all levels.

Katharine has undertaken many high profile cases, including disputes pertaining to Wembley Stadium, the London Eye. She recently appeared before the Supreme Court in the case of Manchester Ship Canal Company Ltd v Vauxhall Motors Limited [2019] UKSC 46.

Katharine is also particularly well known for her specialist expertise in all types of civil trespass cases and urgent injunctions, after having acted in Hampshire Waste v Persons Unknown in 2003, in which she obtained the first injunction to be granted against ‘persons unknown’ in the context of trespass and protest demonstrations. She now regularly acts on cases involving protests and trespasses in a variety of sectors, including high profile environmental protests as well as protests in the sectors of energy, education, utilities and local government.

Katharine is also a CEDR Accredited Mediator and a Fellow of the Chartered Institute of Arbitrators and in 2009 received a Diploma in International Commercial Arbitration.

In addition to Katharine's specialism listed on the right of the page, Katharine also works in the following property areas: 

• Restrictive covenants (City Inn v Ten Trinity EWCA Civ 15 and Thames Valley Holdings Limited v The National Trust [2012] EWCA Civ 1019).
• Transactional disputes (Chinnock v Hocaoglu [2008] EWCA Civ 117 and London Jewish Girls High Ltd) v (1) London Borough of Barnet (2) Montclare Developments [2013] EWHC 523).
• Option agreements (Redlawn v Cowley [2010] EWHC 766).
• Misrepresentation (Cubcall v Yossifoff).
• Damages issues (Field Common v Elmbridge [2008] EWHC 2079).
• Property related restraint of trade and competition issues (A&P Birkenhead Ltd v (1) Northwestern Shiprepairers Ltd (2) Scott Lithgow).
  
• Property related inheritance issues (Levin v Beatt [2005] EWHC 828).
• Commercial injunctions (Haringey LBC v CSS Limited [2003] All ER (D) 21,).
• property related nuisance claims,environmental law and group litigation (Anslow v Norton Aluminium Ltd [2012] EWHC 2610 (group litigation nuisance claim relating to odours, noise and dust from foundry)) and (Birmingham Development Corporation v Tyler [2008] EWCA Civ 829 (development site nuisance claim)).

Commercial Landlord and Tenant

Katharine is regularly instructed on lease renewals, which have included instructions on the business lease renewal of the infrastructure of Heathrow Airport, as well as all types of commercial landlord and tenant dispute, eg:

• Pavilion Property Trustees Ltd and another v Permira Advisers LLP [2014] EWHC 145.
• PCE Investors Ltd v Cancer Research UK [2012] EWHC 884.
• House of Fraser Ltd v Scottish Widows plc [2011] EWHC 800 2012] 07 EG 92.
• BNY Trust & Depositary Co Ltd v Bourne End One Ltd and others [2009] PLSCS 309.
• Windsor Life Assurance Co Ltd v Lloyds TSB Bank plc [2009] 47 EG 13.
• Orchard v Reuters [2008] EWHC 1017.
• Wembley National Stadium Ltd v Wembley (London) Ltd [2007] EWCA Civ 107.
• Lay and Others (Trustees of Portman Estate) v Drexler [2007] EWCA Civ 464.
• KUC v Alvingote [2006] PLSCS 149.
• Mount Cook Land Ltd v The Media Centre (Properties) Ltd [2006] PLSCS 189.
• Underhill v Bombardier [2007] PLSCS 140.
• South Tyneside BC v Wickes Building Supplies Limited [2004] PLSCS 254.

Easements and Profits a Prendre

• Safestore v RSN [2009] PLSCS 292.
• Millman v Ellis [1996] 71 P&CR 156.

Highways and other Transport Infrastructure

• Robinson Webster v Agombar [2001] PLSCS 93.
• Wentworth v Wiltshire [1993] QB 654.

Insolvency

Katharine recently acted for the Administrators of Portsmouth Football Club in connection with the sale of the Club and Stadium and reported case examples of instructions on a wide range of insolvency related property disputes, eg:

• Sunberry Properties v Innovate Logistics [2008] EWCA Civ 1261
• Famous Army Stores Limited v R&H Properties Limited (2003) PLSCS 8
• Law Society v Southall [2001] EWCA Civ 2001
• Whale v Viasystems Technograph [2002] EWCA Civ 2001

Land Registration and Adverse Possession

• Adverse Possession (Graham v Mayrick [2007] ADR.L.R. 01).
• Land registration(EF Clarke (Goldsmiths) Ltd v William Sapcote & Sons (Ch) Ltd).

Leasehold Enfranchisement and Right to Manage

In relation to a former specialisation in enfranchisement related matters, Katharine has the following reported cases:

• Helman v Keepers and Governors of John Lyon Free Grammar School [2014] EWCA Civ 17.
• Day and another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited [2012] UKSC 41.
• Howard de Walden Estates Ltd v Aggio and others [2007] 23 EG 165.
• Cadogan v Pockney (2003) LRA/27/2003.
• Carl v Grosvenor Estates (2001) 3 EGLR 7.
• Moreau v Howard de Walden (2002) LRA/2/2002.

Mortgages, Charges, Charging Orders and Securitisation

• Carroll v Manek and Bank of India [2000] 79 P&CR 173).

Professional Negligence Claim Related to Property

Katharine is instructed on all types of property related professional negligence claims, eg:

• McKay v Renlon [2008] EWHC 516.
• Lloyds Bank v Burd Pearce, Crosse & Crosse [1999] EGCS 99, [2001] EGCS 39.
• Ian Green Residential Ltd v Asfari [2007] 3 All ER (D) 322.
• Lloyds Bank v Burd Pearce, Crosse & Crosse [1999] EGCS 99, [2001] EGCS 39.
• Lloyds Bank v Parker Bullen (1999) NPC 999.
• Gregory v Shepherds [1999] Lloyds Rep (PN) 720.
• Press v Chipperfield [2001] EWCA Civ 2001.
• Titanic Investments v Macfarlanes [1997] NPC 105.

Property Development including Overage disputes

• Sainsburys v Oliveview (2004) EWHC 1090.

Protestor Injunctions

Katharine is instructed on all types of urgent injunctions, particularly in connection with trespass and protest demonstrations, including the ‘Occupy London’ protests and ant-fracking protests, some of which have involved issues under Articles 8, 10 and 11 of the European Convention on Human Rights, eg:

• Manchester Ship Canal Developments Limited v Crane and Others and Persons Unknown [2014] EWHC 645.
• TG Aviation Limited – Kent Facilities Limited – 9 July 2014.
• Hicks v 89 Holland Park (Management) Ltd [2014] EWHC 2962.
• United Utilities Water plc v Persons Unknown.
• British Broadcasting Corporations v Persons Unknown – 4 August 2014.
• Manchester Ship Canal Developments Ltd v Persons Unknown [2014] EWHC 645.
• University of Sussex v Persons Unknown [2013] EWHC 862.
• Sun Street Property Limited v Persons Unknown [2011] EWHC 3432.
• School of Oriental and African Studies v Persons Unknown [2010] 49 EG 78.
• University of Sussex v Protesters [2010] PLSCS 105.
• Hampshire Waste v Persons Unknown [2003] 43 EG 126.

Residential Tenancies

• Paddington Basin Developments Ltd and others v Gritz and others [2013] UKUT 0388 (LC); [2013] PLSCS 265.
• Paddington Basin Developments Ltd and others v West End Quay Estate Management Ltd [2010] EWHC 833 (Ch) [2010] 17 EG 94.
• Patel and Another v K&J Restaurants Ltd and Another [2010] EWCA Civ 211.
• Paddington Walk Management Ltd v Governors of Peabody Trust [2009] April 2009 Case No: CHY08440.
• Re Grafton Way (Lands Tribunal) [2008] PLSCS 30.
• Eltham Properties Ltd v (1) A Kenny (2) B Rainforth (3) J Barker [2008] LRX 161 200.
• Seine International and Others v Park Lane Holdings In [2002] All ER (D) 459.
• Malt Mill Developments v Davis [2002] EWCA Civ 440.

Rights of Light

• CIP Property (AIPT) Ltd v Transport for London, London Underground Ltd v Derwent Valley Central Ltd [2012] EWHC 259.
• CGIS City Plaza Shares 1 Ltd and another v Britel Fund Trustees Ltd [2012] EWHC 1594.

Trusts of Land and other Equitable Claims

• Tackaberry v Hollis [2007] EWHC 2633.

Arbitration and Mediation

Katharine is a CEDR Accredited mediator, having trained at the CEDR International Summer School at Stresa in Italy. Having regularly acted as counsel on mediations over the last 5 years, Katharine is now increasing her experience as a mediator and has now acted as a mediator on a variety of disputes, having been appointed under the Mayors and City of London scheme and also as a privately appointed mediator.

Katharine is also a Fellow of the Chartered Institute of Arbitrators and in 2009 was also awarded a Diploma in International Commercial Arbitration by the Institute, after having studied at the Summer School at Keble College, Oxford and having undertaken various exams and assignments.

Katharine’s arbitration ‘know-how’ extends to both international and domestic arbitrations. Katharine is keen to develop her experience in arbitrations in her specialist field of property litigation but is also happy to act as an arbitrator on other forms of dispute.

ADR