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Mark Sefton

Called 1996

Mark Sefton

Mark Sefton has for several years been ranked in the top band of juniors for Real Estate Litigation by both Chambers and Partners and the Legal 500, and he was named Real Estate Junior of the Year at the Chambers and Partners Bar Awards 2012. He has been instructed on some of the most significant property disputes of recent years: the Dolphin Square collective enfranchisement claim; the Humber Oil Terminal Trustees litigation; the Accolade Wines litigation; in the House of Lords and the Supreme Court on appeals under the Leasehold Reform Act 1967; on a rent review at the world’s largest logistics facility, in the Kwai Chung Container Port in Hong Kong; on a valuation dispute over revenue-negative intermediate leases on the Cadogan Estate; and in many other substantial cases, often involving complex issues of valuation. He practises in all areas of commercial and residential landlord and tenant and property law, property-related insolvency and professional negligence. He is instructed domestically on litigation and advisory work, and in other jurisdictions on advisory work and property-related arbitrations.

  • 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

    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).

    Benchmark Group plc v Davies Attbrook (Chemists) Ltd [2006] 1 WLR 2493; Times, 24 November 2005 (business lease renewals).

    Stephenson v Leathbond Ltd [2005] 3 EGLR 80 (leasehold reform).

    Schilling v Canary Riverside Developments PTE Ltd [2005] PLSCS 102 (service charges).

    Amrit Holdings Co Ltd v Shahbakhti [2005] HLR 30; [2005] L&TR 18 (suitable alternative accommodation).

    Malone v Bircham & Co Nominees (No.2) Ltd [2003] EWHC 3173 (Ch); [2003] NPC 166 (estate management schemes).

    Fisher v Merer [2003] PLSCS 112 (rights of pre-emption).

    Veena SA v Cheong [2003] 1 EGLR 175 (service charges).

    Hall v Rover Financial Services (GB) Ltd [2002] EWCA Civ 1514; Times, 8. November 2002 (costs).

    In re Greenacre Publishing Ltd [2000] BCC 11; Times, 17 December 1998 (insolvency).

  • 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: ‘Hugely brainy – he’s very insightful.’ ‘A major strength is his approachability – he is always happy to assist with even obscure queries. His advice is always down to earth, sensibly reasoned and practical.’ Recent work: Advised clients on a recovery dispute concerning a £21 million development site in Romford.” Chambers UK Guide 2017 (Real Estate Litigation)
"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
"Very easy to work with and fantastically bright. He is a rising – if not risen – star."Legal 500, 2016
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