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Mark Sefton

Called 1996

Mark Sefton

Mark Sefton has for many years been ranked in the top band of juniors for Real Estate Litigation by Chambers and Partners and the Legal 500, and in 2012 he was the Real Estate Junior of the Year at the Chambers and Partners Bar Awards. In recent years, he has been instructed in the Supreme Court in Marks & Spencer; on a rent review arbitration in Hong Kong about a logistics facility in the Kwai Chung container port; in the Ram Brewery litigation, the Dolphin Square collective enfranchisement claim, the Accolade Wines litigation and the Humber Oil litigation; and in both the House of Lords and the Supreme Court on appeals under the Leasehold Reform Act 1967, together with many other substantial disputes. He practises in all areas of commercial and residential landlord and tenant and property law, including property-related insolvency. He has particular expertise in cases involving complex issues of valuation.

  • Education
    • Trinity College, Cambridge: MA in English (1994)
    • City University: Diploma in Law
    • Inns of Court School of Law: Bar Vocational Course
  • Professional
    • Called, 1996 by Middle Temple
    • Diplock Scholarship
    • Winning Pair, Middle Temple Mooting Competition 1996.
    • Real Estate Junior of the Year, Chambers and Partners Bar Awards 2012.
  • Recent Cases

    The Co-operative Bank plc v. Hayes Freehold Ltd & Ors [2017] EWHC 1820 (Ch), [2016] EWHC 2068 (Ch) (surrender, implied conditions precedent, mistake, restitution).

    John Lyon’s Charity v. London Sephardi Trust [2017] EWCA Civ 846, [2017] RVR 295, [2017] HLR 36 (leasehold enfranchisement, Interpretation Act 1978).

    Minerva (Wandsworth) Ltd v. Greenland Ram (London) Ltd [2017] EWHC 1457 (Ch) (development agreements, overage, viability appraisals).

    Marks & Spencer plc v. BNP Paribas Securities Services Trust Co (Jersey) Ltd & Anor (Supreme Court) [2016] AC 742, [2015] UKSC 72, [2015] 3 WLR 1843, [2016] 4 All ER 441, 163 Con LR 1, [2016] 1 P&CR 13, [2016] L&TR 8, [2016] CILL 3779, Times, 12 December 2015 (contracts, implied terms, apportionment).

    Queensbridge Investments Ltd v. Lodge & Ors [2015] UKUT 635 (LC), [2016] L&TR 19 (management orders)

    British Overseas Bank Nominees Ltd v. Analytical Properties Ltd [2015] EWCA Civ 43, [2015] PLSCS 38 (construction of contracts).

    Saturn Leisure Ltd v. LB Havering [2014] EWHC 3717 (Ch), [2014] PLSCS 321, [2014] All ER (D) 167 (misrepresentation).

     Westbrook Dolphin Square Ltd v. Friends Life Ltd [2014] EWHC 2433 (Ch), [2014] L&TR 28 (collective enfranchisement).

     Hicks v. 89 Holland Park (Management) Ltd [2014] EWHC 2962 (Ch), [2014] PLSCS 252 (injunctions).

     Venulum Property Investments Ltd v. Space Architecture Ltd [2013] EWHC 3948 (TCC), [2014] BLR 127 (professional negligence).

     Baroque Investments Ltd v. Heis [2012] EWHC 2886 (Ch), [2012] PLSCS 213 (insolvency, surrender and dilapidations).

     Day v. Hosebay Ltd; Howard de Walden Estates Ltd v. Lexgorge Ltd (Supreme Court) [2012] UKSC 41, [2012] 1 WLR 2884, [2012] 43 EG 116, Times 26 October 2012 (leasehold reform).

     Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] EWHC 1336 (Ch) (Sales J); [2012] EWCA Civ 596, [2012] 2 EGLR 59 (Court of Appeal); [2011] EWHC 2043 (Ch), [2011] L&TR 27, [2012] 1 P&CR DG1 (Vos J); [2011] EWHC 1184 (Ch) (Morgan J) (lease renewal and valuation of an oil terminal).

     Frasers Islington Ltd v. Hanover Trustee Co Ltd [2010] EWHC 1514 (Ch); [2010] 27 EG 85; [2010] 2 P&CR DG20 (specific performance).

     Nailrile Ltd v Earl Cadogan [2009] 2 EGLR 151; [2009] RVR 95; [2009] PLSCS 31 (valuation of intermediate leases).

     Cameron Ltd v Rolls-Royce plc [2008] L&TR 22; [2008] PLSCS 53 (specific performance). 

    Boss Holdings Ltd v Grosvenor West End Properties (House of Lords) [2008] UKHL 5; [2008] 1 WLR 289; [2008] 2 All ER 759; [2008] HLR 29; [2008] L&TR 10; [2008] 1 EGLR 51; Times, 4 February 2008 (leasehold reform).

     Mohammadzadeh v Joseph [2008] 1 P&CR 6 (restrictive covenants).

     Creditforce Ltd v Lay [2008] PLSCS 25 (leasehold reform).

     Marine Court (St Leonards on Sea) Freeholders Ltd v Rother District Investments Ltd [2008] 1 EGLR 39 (collective enfranchisement).

     Chelsea Properties Ltd v Earl Cadogan [2007] PLSCS 197 (jurisdiction).

     JD Wetherspoon plc v Jay Mar Estates [2007] BLR 285; 113 Con LR 101 (arbitration appeal).

     Peaceform Ltd v Cussens & Ors [2006] 3 EGLR 67 (options).

     Kensington Heights Commercial Co Ltd v Campden Hill Developments Ltd [2007] Ch 318; [2007] 2 WLR 1040; [2007] 2 All ER 751; [2007] L&TR 30; [2007] HLR 35; [2007] 1 EGLR 130; Times, 20 April 2007 (statutory rights of first refusal).

     

  • Publications

    Mark lectures and writes regularly. He delivered a Blundell Memorial Lecture in 2014; has conducted workshops for the Chancery Bar Association and the Property Litigation Association; and has been invited to speak at both the Arbrix and Index conferences. He has published articles on a variety of topics (including on the Ramsay principle of statutory construction; shared ownership leases; the Pointe Gourde valuation principle; deferment rates; insolvency; and rent apportionment). He used to be a contributor to Fisher & Lightwood’s Law of Mortgage, and was a joint author of Commonhold (OUP, 2004).

"Widely acknowledged as one of the leading juniors in his field. His practice has a focus on property-related insolvency, as well as commercial and residential landlord and tenant disputes. Strengths: 'Razor sharp and always commercial, his 1954 Act expertise is second to none.' 'He is very bright and can digest very complex points and look at how things are going to play out'.” Chambers UK Guide 2018 (Real Estate Litigation)
"He is bright and determined, and displays great clarity of vision."Legal 500 (2017)
"Mark Sefton is considered “one of the pre-eminent juniors at the bar” and 'a delight to deal with in court'. According to a source, 'Sefton is calm, collected and able to tackle whatever is thrown at him'.”Who's Who Legal 2017
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