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Nicholas Dowding QC

Called 1979
Silk 1997
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Nicholas Dowding QC specialises in all aspects of property law, with particular reference to commercial property disputes. In the last two years, he has appeared in the Supreme Court in a leading case concerning residential service charges, and in the Court of Appeal and the High Court in cases concerning (among other things) forfeiture, unreasonable withholding of consent, terminal dilapidations, leasehold enfranchisement, business tenancies and rights of way. He is frequently instructed in large rent review matters and dilapidations claims, in both of which he has particular expertise, and he is often appointed as an arbitrator or legal assessor.

Recent Cases

Geo Networks v Bridgewater Canal Co [2010] EWCA Civ 1348 (basis of assessment of consideration payable by operator to undertaker under the linear obstacles regime of the Telecommunications Code)

Crest Nicholson (Londinium) v Akaria Investments [2010] EWCA Civ 1331 (whether a letter amounted to an offer for the purposes of a development agreement; principles to be applied in deciding whether a document is an offer)

Somerfield Stores v Spring (Sutton Coldfield) (in administration) [2010] EWHC 2084 (Ch) (what is the relevant date for assessing the landlord’s intention under s. 30(1)(f) of the Landlord and Tenant Act 1954 on a tenant’s application for summary judgment)

Frazer v Brown [2009] EWHC 2692 (Ch) (dispute as to the boundaries of registered land)

Pierse Developments v Liberty Property Investment [2009] EWCA Civ 1423 (interpretation of development and sale agreement)

Artworld Financial Corporation v. Safaryan [2009] 23 EG 94 (Court of Appeal) (whether lease surrendered by operation of law; review of relevant principles)

Orchard (Developments) Holdings v. Reuters [2009] 16 EG 140 (Court of Appeal) (Whether break clause in commercial lease validly exercised)

Nailrile v. Earl Cadogan and others (Lands Tribunal) (Principles to be followed when valuing intermediate leasehold interests under Schedule 13 to the Leasehold Reform etc Act 1993)

Cobbe v. Yeoman’s Row Management [2008] UKHL 55; [2008] 1 W.L.R. 1752 (House of Lords)(whether an agreement in principle between a property developer and a property owner under which the developer would obtain planning permission and then enter into a formal contract to buy and develop the property gave rise to a proprietary estoppel or constructive trust in favour of the developer in circumstances where he had expended time and money in obtaining planning permission but no contract resulted)

Leonara Investment Co. v. Mott MacDonald [2008] EWCA Civ 857 [2008] P. & C. R. DG15 (Court of Appeal)

(Construction of service charge provisions in commercial lease)

Commission for the New Towns v. Terrace Hill (Stockton) [2007] EWHC 3094 (Chancery Division) (Whether claimant estopped by convention from relying on date of commencement of an option period)

Secretary of State for Communities and Local Government v. Standard Securities [2007] EWHC 1808 (Chancery Division)

(Whether presumption that time is not of the essence of a time stipulation in a rent review clause rebutted by clear contra-indications in the wording of the clause)

Yewbelle v. London Green Developments [2007] EWCA Civ 475 [2007] 2 E.G.L.R. 152 (Court of Appeal)

(Whether seller of development land has used all reasonable endeavours to enter into a s. 106 agreement with the local planning authority; whether sale agreement had ended)

Kilmartin SCI (Hulton House) Ltd v. Safeway Stores [2006] 1 E.G.L.R. 59 (Chancery Division) (construction and effect of the RICS Code of Measuring Practice for the purposes of a claim for specific performance of an agreement for lease of supermarket premises)

Crane Road Properties LLP v. Hundalani [2006] EWHC 2066 (Ch.) (Chancery Division (whether servient owner’s costs of works to right of way were recoverable from dominant owner; whether there had been an actionable infringement of the right of way)

Cadogan and another v. Escada AG [2006] All ER (D) 143 (Jan) (Chancery Division) (construction of rent review provisions in a lease of a shop in Sloane Street)

Department for Environment Food and Rural Affairs v. Feakins and another [2005] EWCA Civ 1513 (Court of Appeal) (whether an arrangement entered into by a landowner was a transaction at undervalue for the purposes of s. 423 of the Insolvency Act 1986)

Hemingway Realty Ltd v. Master Wardens and Commonalty of Freemen of the Art or Mystery of Clothworkers of the City of London [2005] 2 E.G.L.R. 36 (Chancery Division) (whether tenant had the right to require a rent review against the will of the landlord)

Riverside Property Investments Ltd v. Blackhawk Automotive [2005] 1 E.G.L.R. 114 (Technology & Construction Court) (whether roof of an industrial building was in disrepair at the termination of a lease; extent to which various disputed fees recoverable)

Sargeant and another v. Macepark (Whittlebury) Ltd [2004] 4 All E.R. 662 (Chancery Division) (whether the landlord had unreasonably withheld its consent to a change of use)

PW & Co. v. Milton Gate Investments and others [2004] 2 W.L.R. 443 (effect on permitted sub-tenancy of termination of head tenancy; whether rule in Pennell v. Payne ousted by contract or estoppel)

Mason v. TotalFinaElf [2003] 3 E.G.L.R. 91 (construction of repairing covenant in lease of service station and assessment of damages for breach)

Warborough Investments v. S Robinson & Sons (Holdings) [2003] 2 E.G.L.R. 149 (Court of Appeal) (appeal under section 68 of the Arbitration Act 1996 against arbitrator’s award on rent review)

Goldmile Properties v. Lechouritis [2003] 1 E.G.L.R. 60 (Court of Appeal) (whether landlord’s covenant for quiet enjoyment broken by the carrying out of repairs pursuant to landlord’s covenant to repair)

Westminster City Council v. HSBC [2003] 1 E.G.L.R. 62 (whether landlord had served a valid notice to reinstate alterations; construction of covenant against alterations)

Maunder Taylor v. Blaquiere [2003] 1 E.G.L.R. 52 (Court of Appeal) (whether tenant entitled to set-off damages for breach of landlord’s repairing covenant against claim by manager appointed under Part II of the Landlord and Tenant Act 1987 for unpaid service charges)

Gribbon v Lutton [2002] Q.B. 902 (Court of Appeal) (entitlement of vendor to payment of non-refundable deposit held by stakeholder; abuse of process for solicitor-stakeholder to assert in negligence proceedings that vendor was entitled to return of deposit contrary to decision in interpleader proceedings)

Single Horse Properties v. Surrey County Council [2002] 2 E.G.L.R. 43 (Court of Appeal) (whether business tenancy continues under Landlord and Tenant Act 1954 where tenant has applied for a new tenancy and ceased occupation prior to the contractual term date)