"Wayne Clark’s wide ranging practice is largely focused on commercial property disputes. Sources suggest that he 'is very academic and has a good client manner'. He recently appeared in Arnold v St Martins Property, successfully resisting the claim of stall holders that they had rights to occupy a prominent City of London retail and office site." Chambers UK Guide 2013.
"Wayne Clarke, who is ‘equal to, or better than, many silks’". Legal 500 2013
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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 Called 1982, Middle Temple
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)
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).
Tenants' Right of First Refusal, 2nd edition (2008)(co-Author)
Contributor to Hill & Redman's Law of Landlord and Tenant.