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Guy Fetherstonhaugh QC

Called 1983
Silk 2003
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While sharing with his colleagues in Chambers a wide practice in commercial property law, Guy Fetherstonhaugh specialises in rent review work (co-authoring the principal text on the subject), development agreements, and easements and restrictive covenants (having recently appeared in the Court of Appeal in leading cases on each subject).

Joint Head of Falcon Chambers

Recent Cases

FBO (Antigua) Ltd v Stanford Development Company [2008] UKPC 51 (Privy Council): certainty of agreement for lease.

Metropolitan Property Realizations Ltd v Atmore Investments Ltd [2008] EWHC 2925 (Ch) (Sales J): arbitration award set aside for serious irregularity.

City Inn (Jersey) Ltd v Ten Trinity Square Ltd [2008] EWCA Civ 156 (Court of Appeal): whether restrictive covenant subject to approval of original grantor.

Housden v Wimbledon and Putney Commons Conservators [2008] 3 All ER 1038 (Court of Appeal): whether competent grantor required for prescriptive easement of way.

Isle of Anglesey County Council and the Crown Estate Commissioners v The Welsh Ministers and others [2008] (Nigel Davis J; Court of Appeal): whether several fishery order overrides rights of owners of foreshore and seabed.

Vedalease Ltd v Averti Developments Ltd [2007] 2 EGLR 125 (HHJ Hazel Marshall QC): extent to which legal costs and receivers' costs can be added to mortgage security.

Amberleigh Homes Ltd v Jackson [2007] (Evans Lombe J): interpretation of restrictive covenant.

Tribeca Developer Portman UK Ltd v Portman Square Properties Ltd [2007] (Roger Kaye QC): whether crane oversailing derogation from grant in lease.

Legal and General Assurance Society Ltd v Expeditors International (UK) Ltd [2007] EWCA Civ 7: whether term rightly implied into agreement compromising issues relating to exercise of a break clause in a lease.

Maurice Investments Ltd v Lincoln Insurance Services Ltd [2006] EWHC 376: whether rent review trigger notice valid.

Housden v Wimbledon and Putney Commons Conservators [2006] (Land Registry Adjudicator): whether prescriptive easement of way established.

George Wimpey UK Ltd v V.I. Construction Ltd: [2005] Court of Appeal: entitlement to unilateral rectification of development agreement.

Caerphilly County Borough Council v P/U: Blackburne J [2004]: whether entitled to injunction against Persons Unknown.

New Islington & Hackney Housing Association v Perry: [2004]: interaction between Limitation Act 1980 and Landlord and Tenant Act 1954

Harbour Estates Limited v HSBC Bank Plc: Lindsay J: [2004] 3 All ER 1057: entitlement to exercise break option in Lease; effect of s.63 Law of Property Act 1925.

Brighton & Hove City Council v Collinson: [2004] 2 EGLR 65 Court of Appeal: whether agreement to contract tenancy out of security of tenure provisions of Landlord and Tenant Act 1954 effective.

Perry v New Islington and Hackney Housing Association [2004] (1954 Act-protected oral periodic tenant cannot gain title by adverse possession after 12 years non payment of rent).

Blacker v Wimbledon and Putney Commons Conservators: [2004] 51 EG 90: Whether powers of enfranchisement in Leasehold Reform Act 1967 prevailing over bar against alienation in 1871 Act.

Habib Bank AB Zurich v Hassan Investments Ltd: [2003]: whether wife had equity in home capable of binding mortgagee.

Norfolk County Council v Mason: whether road private or highway, subject to public rights of way.

Butts Park Ventures (Coventry) Ltd v Bryant Homes Central Ltd [2003] EWHC 2487: whether right of preemption defeated by conditional purchase of land.

Checkpoint Ltd v Strathclyde Pension Fund (Court of Appeal) [2002]: challenge to rent review arbitrator's award under section 68 Arbitration Act 1996.

Clarke and others v Lloyds Bank plc (High Court) [2002]: sunstantial damages for breach of covenant to supply air conditioning.

Biggin Hill Airport Limited v London Borough of Bromley (Court of Appeal)

Dinsdale v The Rent Service (Court of Appeal)

Morrells v Oxford City Council and others [2001] 2 WLR 128 (restrictive covenant).

Biggin Hill Airport Ltd v London Borough of Bromley. (N. Strauss QC, sitting as a Deputy Judge of the Chancery Division, November 2000: interpretation of the user covenant for Biggin Hill Airport.

Kings Pool A/S v Secretary of State for the Environment (Rent Review Arbitration held over three days in York in September 2000).

National Grid v M25 Group [1999] 1EGLR 65: Court has jurisdiction to determine questions of construction of rent review clause in advance of expert so doing.

Pridedean v Forest Taverns (1998) 75 P&CR 447, CA: fitting out works by prospective tenant did not create proprietary estoppel.

Romain v Scuba TV [1996] 1 EGLR 126, CA: limitation period of 6 years for damages payable by surety in respect of tenant's failure to pay rent.

Postel Properties v Boots [1996] 2 EGLR 60 (costs incurred by landlord on works to shopping centre recoverable from tenants through service charge provisions in leases.

Daejan Properties v Holmes [1996] EGCS 185: contractual override of disregard of improvements carried out by tenant at its expense.

System Floors v Ruralpride [1995] 1 EGLR 48 CA: obligations in side letter between original landlord and tenant bind successor in title to reversion.