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Stephanie Tozer

Called 1996

Stephanie Tozer

Stephanie enjoys dealing with a range of property disputes.  She has a particular interest in mortgage work and development work, but is also experienced in handling all types of landlord and tenant cases.

Stephanie is ranked in the top band for property litigation juniors by both the Legal 500 and Chambers and Partners.

Below are some of the important cases in which she has appeared as advocate.

She well understands that some cases do require immediate action to be taken, and is good at preparing to make and oppose applications for urgent injunctive relief within a limited time frame when this is necessary.

She has a particular specialism in land registration, and is a part time Judge of the First Tier Tribunal (Property Chamber) (Land Registration). In this capacity, she determines (as well as appears in) cases about mortgages (and in particular following mortgage fraud), alteration of the register, easements and adverse possession, amongst others. As advocate, she enjoys cases raising tricky priority questions.

She also enjoys dealing with construction and/or rectification of documents (of any sort – including mortgages, sale contracts, leases, and overage provisions), and cases about whether an agreement should be set aside for misrepresentation or other equitable fraud.

Stephanie loves the cut and thrust of the court room, but she prides herself on giving realistic, pragmatic and commercial advice, which can result in some of her cases, particularly the more substantial ones, settling before trial. Recent examples include: a £40 million compensation claim under the Crossrail Act 2008 raising issues about title, rights of light and rights of way as well as  valuation issues; and a specific performance / rectification claim regarding development land on the Greenwich Peninsula.

Stephanie has both led and been led by other members of chambers recently, and is happy to work in any team.

She is also comfortable in any civil Court, property Tribunal, arbitration or expert determination.  She has recently been involved in an expert determination raising valuation issues, where the parties’ valuations were £100 million apart.  

Stephanie is also an accredited mediator and is happy to mediate property related disputes, including professional negligence cases, when the demands of her practice permit.  She is also a member of Falcon Chambers Arbitration

  • Education
    • MA (Oxon) - Jurisprudence (BA First Class)
    • ICSL - Outstanding (3rd overall)
    • French - Diplome de Francais des Affaires 2eme degree (DFA2) avec Mention Tres Bien (2008) (Diploma in Advanced Business French with Distinction)
  • Professional
    • Called 1996 Lincoln's Inn
    • Judge of the First Tier Tribunal (Property Chamber) (Land Registration)
    • CEDR Accredited Mediator
    • Chancery Bar Association (former committee member)
    • Property Bar Association
    • Professional Negligence Bar Association
    • CEDR Exchange
    • Nominated for Real Estate Junior of the Year by Chambers and Partners in 2010
  • Recent Cases

    The following is a list of key cases in which Stephanie appeared:

    • Mendoza v Quinn [2016] – High Court – successfully resisted an application for a stay of enforcement of a possession order relating to a nightclub, on the basis that there was no real prospect of its appeal against a decision to lift a stay for breach of conditions succeeding.  
    • Lowe v William Davis [2016] – FTT (Property Chamber)(Land Registration) – successfully persuaded the Judge to determine the location of the boundary on a determined boundary application, despite the plan being inaccurate.
    • Ittihadieh v Metcalfe [2016] – High Court – application for pre-action disclosure in conspiracy claim 
    • Unique v Quinn [2015] – Court of Appeal – acted on behalf of pubco in successfully resisting an application for permission to appeal
    • Crest Nicholson v Arqiva [2015] - Cambridge CC – successfully argued that a notice cannot be served under paragraph 21 of the Telecommunications Code during the contractual term of a tenancy. Leading case on the interpretation of paragraph 21.
    • Rathlin Energy (UK) Ltd v Persons Unknown [2014] – High Court - Stephanie obtained summary orders for possession against protestors occupying well sites used for oil and gas exploration (in face of the protestors’ claims that such an order would infringe their human rights)
    • Patley Wood Farm LLP v Brake [2013] EWHC 4035 – High Court decision as to the correct test to be applied when the Court is asked to enforce a peremptory order made by an arbitrator
    • Parshall v Bryans [2013] EWCA Civ 240 - Court of Appeal – case raising important issues about adverse possession, and land registration.
    • Bower Terrace Student Accommodation Ltd v Space Student Living [2012] – High Court - receivers appointed by land-owner’s chargee seeking an interim injunction against student housing operator for possession
    • Unique Pub Properties v Fitzpatrick [2012] – High Court - acting for pubco in seeking (and obtaining) an order for committal against its tenant who had breached an undertaking not to continue buying out of tie
    • Estafnous v London & Leeds [2009] – High Court - a claim for estate agent’s commission.
    • Clarke v Murphy & ots [2009] – Lands Tribunal - an application to modify restrictive covenants where a building scheme existed.
    • Crown Estate Commissioners v Mark Roberts & Trelleck Estate [2008] – High Court - a claim to manorial rights. Parksite Limited v Jackson and Ors [2008] – High Court - a substantial claim for professional negligence against conveyancing solicitors.
    • In re Estate of K, deceased [2007] – High Court - whether a retention was required in respect of potential claims against a deceased’s estate.
    • St Paul's Travellers Insurance Co v Okporuah and others [2006] – High Court - a mortgage fraud case, where the borrower’s uncle had acted as conveyancing solicitor and had taken the money.
    • Donnelly and others v Weybridge Construction Ltd and Brohoon and others [2006] – a TCC claim involving a residential development carried out by a joint venture, whose partners had subsequently fallen out, and where the purchasers were claiming to rescind their contracts because of discrepancies between the way the flats were described and the way they had been built.
    • Kamal v Redcliffe Close (Old Brompton Road) Management Ltd [2006] – High Court – the appropriate test on an application to set aside judgment.
    • West Bromwich Building Society v Wilkinson & Anor [2005] – House of Lords - the leading case on the limitation period for mortgage shortfall claims.
    • West Bromwich Building Society v Crammer [2002] – High Court - appropriation of mortgage payments as between capital and interest.
    • Barclays Bank v Bee [2001] – Court of Appeal – validity of notices served under the Landlord and Tenant Act 1954
  • Publications

    Books

     Charging Orders: Law and Practice (contributing author) 

    Articles

    2016

    Compensation under temporary possession provisions (JPL), with Jonathan Karas QC and Barry Denyer-Green: considers how temporary possession should be compensated for under compulsory purchase provisions

    2015

    "Reasonable belief" in adverse possession (EG), with Kester Lees: considers Schedule 6 of the Land  Registration Act 2002

    Licence to assign: some practical tips (IHL), with Ciara Fairley

    Earlier articles:

    Renewing a business lease: a step-by-step practical guide (IHL, 2013) with Joe Ollech

    Making the break (NLJ, 2010) with Nathaniel Duckworth: break clauses

    Put to rights (NLJ, 2009) with Nathaniel Duckworth: easements

    A safe space for tough negotiators? (EG, 2008): mediation

    On borrowed time (Legal Week, 2005): mortgage shortfall claims

     

“Handles a plethora of property-related disputes, and is recognised for her skill in handling residential and commercial landlord and tenant disputes. Strengths: ‘Extremely bright and as thorough in her preparation of her cases as anyone we have worked with.’ ‘She has an incisive mind and is a robust advocate.” “Hard-working and efficient, she provides quality advice and excellent paperwork and is very easy to work with.’ Recent work: Settled a £40 million claim for compensation against TfL concerning Farringdon station.” Chambers UK Guide 2017 (Real Estate Litigation)
"Stephanie Tozer is a clear client favourite, earning a number of rave reviews. One solicitor claims, 'Stephanie is quick to pick up complicated issues and really puts the hours in to deliver. She is not afraid to give very honest advice and client direction, as well as being very bright and having a great head for detail'.”Who's Who Legal 2017
"A pleasure to work with." Legal 500, 2016
More published comments

A Member of:

Falcon Chambers Arbitration