+44 (0)20 7353 2484 clerks@falcon-chambers.com

Wayne Clark

Called 1982

Wayne Clark

The Legal 500 (2012) comments that clients seek out Wayne for “QC level advice”.

His practice embraces all aspects of real property law, although principally relating to commercial property disputes. He is well known for his advice on business tenancies of which he is the co-author with Kirk Reynolds QC of the leading work, Renewal of Business Tenancies Law and Practice 4th ed (December 2012). He undertakes a substantial amount of advisory work on development, joint venture agreements and overage provisions.

As Wayne is the editor of another leading work, Fisher and Lightwood’s Law of Mortgage, 13th ed (2010) he undertakes a substantial amount of mortgage and receivership related work, particularly with respect to priority disputes. He recently obtained an injunction in the High Court for receivers to take over management of student accommodation (Bower Terrace v Space Student Living Ltd)

Wayne’s practice also covers easements (including rights of light disputes) and restrictive covenant disputes with respect to their interpretation, enforcement and their modification or discharge. Vendor and purchaser disputes, rent reviews and enfranchisement work, as well as tenants’ rights of first refusal (of which, again, Wayne is a co-author of the leading work, Tenants’ Rights of First Refusal, with Anthony Radevsky of Chambers) all form part of his practice. The occasional bit of property related professional negligence and SDLT also finds its way before him.

Wayne provides an immense amount of advisory work in addition to his litigation practice. Agricultural law is left to others in Chambers.

  • Professional
    • Professional Called 1982, Middle Temple
  • Recent Cases
    • Notting Hill KCS Ltd v Waterstones (2015)( restoration of ground (f) opposition previously abandoned)
    • Chetwynd v Tunmore (2016) (claim for damages to commercial fishery in nuisance, negligence and under the Waters Resources Act arising from excavation of adjoining land)
    • Blackwell v Bailey (2016) (whether use of house breach of restrictive covenant not to carry on business)
    • Santander UK Ltd v Keystone Holdings Ltd (2016)(summary judgment under ground (f))
    • Mildmay v Soho Estates (2015)(opposition to renewal of grounds of redevelopment under ground (f) of 1954 Act)
    • WH Smith v MP Kings Retail (2015)(determination of rent and interim rent under 1954 Act)
    • Capgemini UK plc v Global Switch (2015) (determination of rent under s.34 of the 1954 Act for data storage centre)
    • Arqiva v Crest Nicholson (2015) (validity of para 20 notice under Electronic Communications Code)
    • Newhaven v McLagan (2015) (enforcement of agreement for lease, estoppel by convention)
    • Capgemini UK plc v Caldergreen (2014) (determination of interim rent under 1954 Act)
    • Danriss Group plc v Randall (2014) (attempt by purchaser to rescind contract on grounds of fraudulent and negligent misrepresentation)
    • LCP Securities Ltd v Arcadia Group (2014) (terminal dilapidations claim by landlord)
    • Meyer v Chalcot Road Ltd (dilapidations claim by tenant)
    • Capgemini UK plc v Global Switch (2014) (determination of terms of new lease of data centre premises under 1954 Act)
    • Asda v Apcoa Parking (2013/2014) (account and determination of valuation formula under car parking agreement in connection with parking provided for supermarket)
    • Centraland Management LLP v HSBC Bank Pension (UK) Ltd (2013) (extent of arbitrator’s powers and duties with respect to costs).
    • Kaupthing Singer and Friedlander Ltd v Mitchell (2013) (foreign currency charge, and enforcement of legal charge resisted on grounds of misrepresentation and undue influence)
    • Q-Park Ltd v Central Regeneration Ltd (2013) (dispute over whether construction of car park floor plate complete in connection with Liverpool Central development)
    • MW30 Ltd v B&L Accor 4 Ltd (2013) (rights of light dispute cornering central London development)
    • Bower Terrace Student Accommodation Ltd v Space Student Accommodation (2012), extent to which receivers can ignore existing contractual arrangements when taking over management.
    • Impact Bridging v Brennan (2012) claim of forgery in connection with lending.
    • Friend LLP v Mourant (2012) service charge liability under commercial lease.
    • Re Trott Plant Hire (2012) claim of procedural unfairness in connection with procedure adopted by Leasehold Valuation Tribunal.
    • Trustees of Coleford Bowling Club v Trustees of Angus Buchanan (2012) opposition to renewal under the 1954 Act in reliance on ground (g)(own occupation)
    • Glenmere plc v F.Stokes and Sons Ltd 2008 Ch.D.(whether a development agreement under which a developer was seeking planning permission was properly rescinded by the owner)
    • Ultimate Leisure v Tindle 2007, Court of Appeal. (the effect on contracts of sale of a freehold interest in land of an agreement to surrender a tenancy as a term of the contract).
    • Morden College v Mayrick 2007, Court of Appeal (the sanctity of compromise agreements and the question of title to land).
    • Berkeley Community Villages Limited v Pullen 2007 Ch.D (whether a development/consultancy agreement contained an implied term by the land owner not to dispose of it prior to the planning permission being obtained)
    • Goldeagle v Thornbury 2007 (Leasehold Reform, Housing and Urban Development Act 1993. Meaning of “terms of acquisition” and the whether such had been agreed).
    • GLN (Copenhagen) Southern Ltd v ABC Cinemas Ltd [2004] PLSCS 214, CA(effect of restrictive covenant re cinema use)
    • Lay v Ackerman [2004] EWCA Civ 184, CA (validity of notice under s.42 of the Leasehold Reform and Housing Act 1993 where name of landlord misdescribed)
    • Northern and Midland v Magnet [2004] EWHC 120, Ch.D (whether time of the essence for appointment of arbitrator to determine rent on review)
    • Tennero v Majorarch [2003] EWHC 2601 , Ch.D (rescission of contract of sale and recovery of deposits)
    • Royal Bank of Canada Trust Corp v Secretary of State [2003] EWCH 1739, Ch.D (operation of break clause)Re Broomheads Application [2003] 2 EGLR 157, Lands Tribunal (modification of restrictive covenant as to limitation on building houses)
    • John Lewis Properties plc v Commissioners of Inland Revenue: [2003] Ch 513, CA (whether receipt was capital or income)
    • Swainland Builders Ltd v Freehold Properties Ltd [2002] EWCA Civ 560, [2002] 23 EG 123, CA (rectification of sale agreement where no consideration given as to what was to happen to two vacant flats in block)
    • Surrey CC v Single Horse Properties [2002] 4 All ER 143, CA (effect of cessation of business occupation where tenant has made application for a new tenancy before the contractual term date)
    • Commercial Union v Label Ink [2001] L&TR 380 (break clause - meaning of "material breech") Banks v Kokkinos [1999] 3EGLR 133 (rent review). Pearl v Esselte [1997] 1 EGLR 73 (1954 Act - date of termination of tenancy).
    • BT v Sun Life [1995] 2 EGLR 44 (repairs - date of breach).
    • Dickinson v Enfield BC [1996] 2 EGLR 88 (improvements/repairs under right to buy). Mount Cook v Hartley (relief from forfeiture for breech of alienation covenant)
  • Publications
    • Tenants' Right of First Refusal, 3rd edition (2017)(co-Author)
    • Contributor to Charging Orders, Law and Practice (2013)
    • Renewal of Business Tenancies Law and Practice, 4th ed (2012) (co-author)
    • Co-ordinating editor and contributor to Fisher & Lightwood's Law of Mortgage, 13th edition. (2010).
    • Contributor to Hill & Redman's Law of Landlord and Tenant.
"Handles a good deal of commercial property disputes, and is an expert on business tenancies. He also advises on development, joint venture agreements and overage provisions. Strengths: 'He is a go to person for heavyweight technical advice on 1954 lease renewals.' 'Very practical, very commercial, very sensible and incredibly responsive'.” Chambers UK Guide 2018 (Real Estate Litigation)
"He has the skill set of a silk and an outstanding command of landlord and tenant law".Legal 500, 2017

Winner - Real Estate Junior of the Year 2016

Chambers UK Bar Awards
"Sources strongly endorse Wayne Clark for his 'commercial and practical advice' and his 'persuasive, non-abrasive style'. His practice covers a wide range of property law, specialising in business tenancies".Who's Who Legal 2017
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