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Timothy Fancourt QC

Called 1987Silk 2003

Timothy Fancourt QC

In recent years, Tim Fancourt has been involved in cases in the Court of Appeal and High Court relating to the enforceability of leasehold obligations, development agreements and authorised guarantee agreements, rectification of commercial leases and appeals against arbitration awards. He also acted for the bodies organising the Olympic Games in relation to protests and occupation of Games sites. He is involved in a number of rent reviews of large office buildings, retail parks and industrial units. His practice includes in particular disputes relating to development land, such as option valuations and overage claims, promissory and proprietary estoppels, dilapidations and contaminated land, and property and rent disputes arising from administrations and liquidations. A list of some recent cases is set out below.

  • Education
    • Whitgift School and Gonville & Caius College, Cambridge; BA (1986); MA (1990).
  • Professional
    • 2013 – Deputy Judge of the High Court, Chancery Division
    • Chairman, Chancery Bar Association (2012-2014)
    • Bencher, Lincoln’s Inn (2012)
    • Recorder 2009
    • Chambers Bar Awards Real Estate Silk of the Year 2008
    • Vice-Chairman, Standards Committee, Bar Standards Board 2006 - 2010.
    • Member of Property Bar Association Committee 2001-2003.
    • Elected member of Bar Council 1996-2001.
    • November 1987: called to the Bar, Lincoln's Inn as major scholar. Joined Falcon Chambers in January 1989.
  • Recent Cases
    • Davies v Davies (No.2) [2016] EWCA Civ 463 (minimum sum needed to satisfy equity in proprietary estoppel case)
    • K/S Habro Gatwick v Scottish & Newcastle Ltd [2015] EWHC 2084 (Ch) (right of original tenant to be indemnified by intermediate assignee’s surety against landlord’s claim)
    • Airport Industrial GP Ltd v Heathrow Airport Limited [2015] EWHC 3753 (Ch) (court’s ability to order steps by way of specific performance before performance of obligation due)
    • UK Leasing Brighton v Topland Neptune [2015] EWHC 53 (Ch) (true meaning and effect of excluded assignments under Landlord and Tenant (Covenants) Act 1995, s.11)
    • British Overseas Bank Nominees v Analytical Properties [2015] EWCA Civ 43 (performance of obligation by sellers as soon as practicable a condition precedent to obligation to complete sale and purchase agreement)
    • London Borough of Newham v Ali [2014] 1 WLR 2743 (whether court had discretion to suspend mandatory injunction to enforce planning obligation)
    • Davies v Davies [2014] EWCA Civ 568 (whether detriment incurred in reliance on assurances sufficiently substantial to generate equity in farm)
    • Siemens Hearing Instruments v Friends Life [2014] 2 P&CR 5 (whether break notice invalidated by failure to use specified words)
    • Faidi v Elliot Corporation [2012] EWCA Civ 287 (whether covenant made with landlord and other flat owners effectually waived by landlord)
    • House of Fraser Ltd v Scottish Widows plc [2011] EWHC 2800 (Ch) (test for appeal from award of arbitrator)
    • Scottish Widows v BGC International [2011] EWHC 729 (Ch) (rectification of rent review clause)
    • Regency Flats v Boatport [2010] EWHC 1327 (Ch) (damages for breach of development contract)
    • City & General (Investments) v Razama [2009] EWCA Civ 1568 (construction of agreement to buy development land)
    • Gibbons v Ward (2009) (Ch) (proprietary estoppel)
    • Ascham Homes v L.B. Waltham Forest leaseholders (2009) LRX 8 (power to dispense with service charge consultation notice)
    • Doleman v Shaw [2009] EWCA Civ 283 (guarantor under AGA not released upon disclaimer of lease)
    • Scottish & Newcastle plc v Raguz [2008] UKHL 65, [2008] 1 WLR 2494 (validity of notice served on former tenant where rent review outstanding; indemnity claim against assignee of former tenant).
    • Royal Bank of Scotland plc v Victoria Street (No.3) Ltd [2008] PLSCS 294 (reasonableness of landlord’s objection to weak assignee where substantial assignor remained liable on tenant covenants).
    • Hiscox Syndicates v The Pinnacle [2008] 05 EG 166, Ch.D (interim injunction against developers to restrain nuisance caused by vibration, water and obstruction of access) 
    • Sinclair Gardens Investments (Kensington) v Poets Chase Freehold Co [2007] 3 EGLR 29, Ch.D (effect of invalid notice to acquire freehold)
    • Polarpark Inc v Allason [2007] 2 EGLR 85, Ch.D 
    • (enforcement of judgment for possession obtained in High Court)
    • Jones v Cleanthi [2007] 1 WLR 1604, C.A. (effect on right of way of works done pursuant to statutory notice in house in multiple occupation)
    • Coaten v PBS Corporation [2006] 3 EGLR 43, Ch (enforceability of right of pre-emption granted before 27 September 1989 but becoming exercisable thereafter)
    • Warborough Investments v Central Midlands Estates [2006] EWHC 1459 (Ch) (service of landlord’s rent review notice at premises left by tenant: whether good service)
    • Edlington Properties v. JH Fenner & Co [2006] 1 WLR 1583, C.A. (set-off of lessee’s right to damages from lessor against assignee of reversion under a “new tenancy”)
    • Littman v Aspen Oil (Broking) [2006] 2 P&CR 2, C.A. (correction of mistake by construction; rectification)
    • Stroude v Beazer Homes [2006] 2 P&CR 6, Ch.D 
    • (implication of right of entry where several promisors under planning obligation)
    • Pritchard Englefield v Steinberg [2005] 1 P&CR DG2 (benefical interests and order for sale) Stroude v. Beazer Homes [2005] EWCA Civ 265 (admissibility of evidence on implication of terms)
    • Hemingway Realty v. Clothworkers’ Company [2005] L&TR 21 (Ch) 
    • (construction of rent review clause)
    • Brunt v. Southampton International Airport [2005] 2 EGLR 105 (compensation for extension of airport)
    • Davy's of London v Corporation of London [2004] 49 EG 136 (break clause in new business tenancy)
    • Maunder Taylor v Blaquiere [2003] 1 EGLR 52 CA (powers of residential manager appointed by LVT)
    • H Turner & Son v Confederation Life Assurance Co (UK) [2003] 2 EGLR 11 (construction of rent review clause)
    • Bland v Ingram's Estates (No.2) (CA) [2002] Ch. 177 (relief against forfeiture)
    • Penman v Upavon Enterprises (CA) [2001] 25 EG 158
    • Smith v Brundenell-Bruce (Ch) [2002] 2 P&CR 4 (prescription)
    • Kingsalton v Thames Water Developments [2002] 1 P&CR 15 (rectification under Land Registration Act 1925).
    • Bland v Ingram’s Estates [2001] Ch 767 CA (whether equitable chargee of lease could 
    • claim relief againsit foreiture).
    • Jephson Homes Housing Association v Moisejevs [2001] 2 All ER 901 2 C.A. (whether warrant of possession executed oppressively).
    • Fluor Daniel Properties Ltd v Shortlands Investments Ltd [2001] 2 EGLR 103 Ch.D (recoverability of service charges in leases of commercial offices).
    • Oceanic Village v United Attractions [2000] Ch. 234 (whether restrictive covenant binding on lessee)
  • Publications
    • Enforceability of Landlord and Tenant Covenants (Sweet & Maxwell) (2nd ed.) (2006).
    • Megarry's Assured Tenancies (Sweet & Maxwell) (2nd ed.), (1999).
    • Contributor to Lightman and Moss: The Law of Administrators and Receivers of Companies (6th ed.)
    • Contributing editor of Property section of Bullen & Leake & Jacob’s Precedents of Pleadings (14th ed.) (2000).
    • Cumulative supplements to Megarry's The Rent Acts (11th ed.) (Sweet & Maxwell) (1989), (1991), (1993).
"His practice encompasses leasehold obligations and development agreements, commercial leases and appeals, and he has further expertise in protest and occupation matters. He is well reputed for his proven track record of handling high-profile matters. Strengths: 'A top class property silk. Tim is incredibly user friendly, bright, engaged and detailed.' 'He’s a superb advocate on his feet, who we also go to from an early stage for his written advice and ability to speak to clients.' Recent work: Advised a property developer in a rectification claim against Marks & Spencer and a negligence claim against previous solicitors. The case settled with M&S conceding the claim and agreeing rectification of the lease." Chambers UK Guide 2018 (Real Estate Litigation)
"Highly regarded for his expertise across multiple areas of agricultural property law. Representing parties in farming disputes is a particular focus of his practice. Strengths: 'He is an extremely impressive advocate who presents cases in a measured, logical and attractive manner'. Recent work: Acted successfully in an appeal to reduce a proprietary estoppel award from £1.3 million to £500,000." Chambers UK Guide 2018 (Agriculture & Rural Affairs)
"A consistent top performer and a brilliant tactical thinker".Legal 500, 2017
"Timothy Fancourt QC is described as 'an absolute pleasure to deal with' and 'as clear an advocate as one could hope to hear'. Fancourt regularly appears in high-profile matters relating to development agreements, leasehold obligations, commercial leases and appeals".Whos Who Legal 2017
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