06 12 2024
High Court Grants Shell Final Injunctions
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In Silk since 2021, she is recognised in the leading UK Legal directories as notable practitioner for both property and protest law and is valued for her technical ability, her ‘hands-on’, collaborative and commercial approach, her leadership skills and her extensive experience as an advocate. Clients and instructing solicitors commend her " excellent legal brain”, and as being “a great tactician” and "a very powerful advocate and a very strong team player."
She is regularly, and repeatedly, instructed by developers and landowners in connection with disputes relating to the development of land, and has considerable experience in advising and acting in relation to litigation involving sale and development agreements, options, overage, rights to light, easements and restrictive covenants. She also has considerable experience in rent review, and valuation issues generally and has acted as legal expert in a number of expert determinations.
Her practice also encompasses rapidly evolving areas of property law. She continues to be instructed for the Government and leaseholders in relation to claims under the Building Safety Act 2022 and has extensive experience of the complex procedures and legal issues arising in respect of applications and claims against ‘persons unknown’, across a range of different types of protests, and in recent years has regularly featured in reported cases to secure injunctions on behalf of a range of landowners in the High Court as well as in the Court of Appeal and the Divisional Court (eg in National Highways v Heyatawin [2021] EWHC 3093; National Highways v Buse [2021] EWHC 3404; National Highways v Persons Unknown [2023] EWHC 1073; [2023] EWCA Civ 182; Shell UK Ltd v Persons Unknown [2023] EWHC 1229); Exolum Pipeline System Ltd v Persons Unknown [2023]).
Her specialist knowledge includes commercial and residential landlord and tenant disputes, ranging from 1954 Act proceedings, disputes concerning the rights and liabilities under leases, including guarantees, user clauses (e.g. AGHR Ltd v Kane Laverack [2023] EWCA Civ 42), breach of repairing obligations, nuisance claims and service charge issues.
She also has considerable experience of advising and acting for clients in proprietary estoppel claims since acting as junior Counsel for the claimant at all levels up to House of Lords in Cobbe v Yeomans Row [2008] UKHL 55 and as sole Counsel in the Privy Council Henry v Henry [2010] 1 All ER 988.
Myriam’s practice also covers disputes arising out of the Land Registration Act 2002, boundary disputes and adverse possession claims and appeared in the Privy Council in an important claim concerning occupational rights (Chitolie v St Lucia National Housing Corporation JCPC 2022/0064). She also has experience dealing with disputes under the Electronic Communications Code 2017 and appeared on behalf of the operator in the Upper Tribunal and Court of Appeal in Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estate Ltd [2019] EWCA Civ 1755.
In addition to her litigation practice, Myriam is often instructed to advise in relation to difficult points of law arising from transactional work.
She is co-Chair of the Property Group at Landmark Chambers.
Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.
Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law.
Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.
Please contact our practice management team for more information.
An all-round heavyweight property silk. Underscoring her diligent approach is a steely determination to get the very best for her client."
cases
06 12 2024
High Court Grants Shell Final Injunctions
news
13 11 2024
Landmark Chambers' 10th Annual Property Law Moot Competition - First round
Full Presentation
07 11 2024
Bristol Event - Autumn Property Law Update: Fairness, phones and fire
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24 05 2024
Building Safety Act Conference (REPEAT) - full presentation
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18 01 2024
Part 36 and Protection of Property Disputes
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Quater Day Update seminar
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22 12 2023
Landmark barristers appear in seven of the EG’s top ten cases in 2023
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05 12 2023
A clean slate - Francis Chitolie v Saint Lucia National Housing Corporation [2023] UKPC 43
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