Litigation

Here at AK Law, we have the expertise to advise and support you in all areas of commercial and residential property litigation, as well as general litigation matters.

  • Acting for commercial landowners of all sizes, managing agents, asset managers and individuals, we are able to advise on a wide range of disputes concerning residential property. Our approach is personable yet professional. Our fee structures and funding options will be clearly explained at the outset. We regularly advise clients on all matters relating to residential property including :

    • Adverse possession

    • Appointment of a manager /right to manage

    • Boundary disputes

    • Breaches of covenants including unauthorised alterations

    • Easements including access to neighbouring land, rights of way, rights to light

    • Leasehold enfranchisement

    • Neighbour disputes including boundaries and nuisance

    • Onerous ground rent clauses in leases (doubling / escalator)

    • Off-plan purchases

    • Overage agreements

    • Party Wall (Etc.) Act issues

    • Possession proceedings

    • Preventing short-lets / holiday-lets / ‘Air BnB’ style lets; Professional negligence against solicitors, surveyors and valuers

    • Housing disrepair claims

    • Service charge disputes

  • Commercial disputes are a distraction from running your business. They bring uncertainty and costs in terms of both legal fees and lost productivity. Having established your commercial objectives, we will do all we can to achieve the best commercial outcome quickly through negotiation or alternative dispute resolution. But will always be ready to fight your case to trial if required.

    Our aim is to build long term relationships, to gain a detailed understanding of you and your business; and through this approach, add value to the services that we provide to you.

    We also bring a modern approach to dispute resolution; fighting your case robustly and efficiently whilst recognising aggressive correspondence or point-scoring is often counter-productive.

    We can assist in all areas of commercial property disputes including :

    • Business lease renewals (1954 Act)

    • Breaches of covenants

    • Break notices

    • Compulsory purchase compensation claims

    • Easements

    • Forfeiture

    • Party Wall Etc. Act issues and boundary disputes

    • Professional negligence against solicitors, surveyors and valuers

    • Removing trespassers swiftly

    • Rent and service charge arrears

    • Rights of light issues

    • Terminal and interim dilapidations’ claims

Examples of Client Cases

  • Acting for a developer in a construction dispute with the main contractor seeking over half a million pounds in unpaid fees.  We defeated this claim in a 5 day trial in the Technology and Construction Court by successfully bringing a £1.2m counterclaim for defective work.

  • Acting for a building owner in an audacious claim of more than £500k by a commercial tenant seeking damages for business disruption arising during landlord major works to the building.  After a 3 day trial the tenant recovered less than 10% of its claim and a fraction of its legal costs.

  • Acting for a landlord in an unopposed lease renewal trial (1954 Act) successfully resisting a tenant’s attempts to re-write the lease in its favour under the guise of reasonable modernisation, including rent suspension and more tenant friendly rent payment terms, which were rejected by the Judge.

  • Acting for a landlord in a claim brought by a commercial tenant for more than half a million pounds of damages for alleged breach of repair covenants and consequential losses, settling the claim at mediation for less than 20% of the sum claimed including costs.