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Stephanie Tozer QC

Called 1996Silk 2019

Stephanie Tozer QC

Stephanie has for several years been ranked in the top band for property litigation juniors by the Legal 500, Chambers and Partners and Who’s Who Legal. She is regarded by the market as a “robust advocate”, who “provides quality advice” and is “extremely bright” and “very easy to work with”. She has appeared in Courts at all levels, from the House of Lords to the County Court, and in both the First Tier and Upper Tribunals.  

Stephanie litigates a wide range of property-related disputes, including all aspects of commercial and residential landlord and tenant work (including in particular dilapidations cases) and property-related professional negligence claims. She is known for getting up to speed on unfamiliar areas quickly: as a result, she has advised about the law relating to allotments, markets and compulsory purchase compensation.  She has particular expertise in the following areas:

  • Real property / development/ land registration:  construction/rectification of documents of all types, including leases, charges, overage provisions and sale contracts; valuation issues; specific  performance; site boundary issues; adverse possession; easements; restrictive covenants; beneficial interests and proprietary estoppel; priorities/title problems and alteration of the register. Stephanie sits as a part time Judge of the First Tier Tribunal (Property Chamber) (Land Registration), where she determines cases raising some of these issues.  She is not precluded from accepting briefs to appear in the FTT, or appeals from the FTT.   
  • Telecoms: Stephanie appeared in several of the important recent cases under the Old Code, including Crest Nicholson v Arqiva [2015] (service of a paragraph 21 notice during the fixed term) and  Vodafone v Brophy [2017] (consideration payable when rights granted by the Court).  She has a good understanding of the New Code, having contributed to a book on the topic and given a number of lectures on it.  She has also been involved in some of the first cases under the New Code, including a case of temporary rights and cases in which the interface between County Court renewal proceedings and applications to the Upper Tribunal for fresh rights have been considered.  Stephanie generally acts for operators.
  • Mortgage and fixed charge receivership: Stephanie has litigated mortgage shortfall claims (including West Bromwich v Wilkinson [2005]), claims arising from mortgage or conveyancing fraud and claims brought by receivers.  She is a co-author of a new, detailed text on Mortgage Receivership Law and Practice.  

She has a wide range of clients, ranging from private individuals to multinational corporations, and is experienced in dealing with high value complex claims.  

  • Education
    • MA (Oxon) - Jurisprudence (BA First Class)
    • ICSL - Outstanding (3rd overall)
    • French - Diplome de Francais des Affaires 2eme degree (DFA2) avec Mention Tres Bien (2008) (Diploma in Advanced Business French with Distinction).
  • Professional
    • Called 1996 - Lincoln's Inn
    • Judge of the First Tier Tribunal (Property Chamber) (Land Registration)
    • CEDR Accredited Mediator
    • Chancery Bar Association (former committee member)
    • Property Bar Association
    • Nominated for Real Estate Junior of the Year by Chambers and Partners in 2010.
  • Recent Cases

    These are some of Stephanie’s cases which have reached a contested hearing:

    • Hicks v 89 Holland Park (Management) [2019] EWHC 1301 (Ch) - Whether a property owner had acted unreasonably in refusing consent for a development on an adjoining site. 
    • Rashid v Nasrullah [2019] 2 WLR 1310 - Fraudster becoming registered as proprietor of land belonging to another - Whether fraudster's subsequent occupation of land giving rise to adverse possession claim. 
    • CDS Superstores v Place Road Properties (2018) - a rare case in which the Court was persuaded to rectify a long lease on the grounds of both common mistake and unilateral mistake, due to the way in which the defendant’s solicitor had interacted with his opponent prior to completion. 
    • Lowe v William Davis (2018) – Upper Tribunal resolved controversy over the scope of the FTT’s jurisdiction in boundary disputes 
    • Rashid v Rashid (2017) – Upper Tribunal considered the scope of the rule in Parshall v Hackney, and the ex turpi causa defence in the context of a claim to adverse possession by a claimant who had been involved in a fraud
    • Vodafone v Brophy (2017) – County Court – Court determined consideration payable for rights under paragraph 5 of the Electronic Communications Code 
    • Ittihadieh v Metcalfe (2017) – Ch D Master – important case on practice relating to charging orders: consideration of what information needs to be disclosed and the consequences if it is not
    • Mendoza v Quinn [2016] – High Court – successfully resisted an application for a stay of enforcement of a possession order relating to a nightclub, on the basis that there was no real prospect of its appeal against a decision to lift a stay for breach of conditions succeeding.  
    • Lowe v William Davis [2016] – FTT (Property Chamber)(Land Registration) – successfully persuaded the Judge to determine the location of the boundary on a determined boundary application, despite the plan being inaccurate.
    • Ittihadieh v Metcalfe [2016] – High Court – application for pre-action disclosure in conspiracy claim 
    • Unique v Quinn [2015] – Court of Appeal – acted on behalf of pubco in successfully resisting an application for permission to appeal
    • Crest Nicholson v Arqiva [2015] - Cambridge CC – successfully argued that a notice cannot be served under paragraph 21 of the Telecommunications Code during the contractual term of a tenancy. Leading case on the interpretation of paragraph 21.
    • Rathlin Energy (UK) Ltd v Persons Unknown [2014] – High Court - Stephanie obtained summary orders for possession against protestors occupying well sites used for oil and gas exploration (in face of the protestors’ claims that such an order would infringe their human rights)
    • Patley Wood Farm LLP v Brake [2013] EWHC 4035 – High Court decision as to the correct test to be applied when the Court is asked to enforce a peremptory order made by an arbitrator
    • Parshall v Bryans [2013] EWCA Civ 240 - Court of Appeal – case raising important issues about adverse possession, and land registration.
    • Bower Terrace Student Accommodation Ltd v Space Student Living [2012] – High Court - receivers appointed by land-owner’s chargee seeking an interim injunction against student housing operator for possession
    • Unique Pub Properties v Fitzpatrick [2012] – High Court - acting for pubco in seeking (and obtaining) an order for committal against its tenant who had breached an undertaking not to continue buying out of tie
    • Estafnous v London & Leeds [2009] – High Court - a claim for estate agent’s commission.
    • Clarke v Murphy & ots [2009] – Lands Tribunal - an application to modify restrictive covenants where a building scheme existed.
    • Crown Estate Commissioners v Mark Roberts & Trelleck Estate [2008] – High Court - a claim to manorial rights.
    • Parksite Limited v Jackson and Ors [2008] – High Court - a substantial claim for professional negligence against conveyancing solicitors.
    • In re Estate of K, deceased [2007] – High Court - whether a retention was required in respect of potential claims against a deceased’s estate.
    • St Paul's Travellers Insurance Co v Okporuah and others [2006] – High Court - a mortgage fraud case, where the borrower’s uncle had acted as conveyancing solicitor and had taken the money.
    • Donnelly and others v Weybridge Construction Ltd and Brohoon and others [2006] – a TCC claim involving a residential development carried out by a joint venture, whose partners had subsequently fallen out, and where the purchasers were claiming to rescind their contracts because of discrepancies between the way the flats were described and the way they had been built.
    • Kamal v Redcliffe Close (Old Brompton Road) Management Ltd [2006] – High Court – the appropriate test on an application to set aside judgment.
    • West Bromwich Building Society v Wilkinson & Anor [2005] – House of Lords - the leading case on the limitation period for mortgage shortfall claims.
    • West Bromwich Building Society v Crammer [2002] – High Court - appropriation of mortgage payments as between capital and interest.
    • Barclays Bank v Bee [2001] – Court of Appeal – validity of notices served under the Landlord and Tenant Act 1954
  • Publications


    Mortgage Receivership Law and Practice by Stephanie Tozer and Cecily Crampin 

    The Electronic Communications Code and Property Law Practice and Procedure (contributing author)

     Charging Orders: Law and Practice (contributing author) 



     A new line of attack? A master class in litigation under the new Electronic Communications Code (NLJ), with Toby Boncey


    Charging Orders on Land: Recent Practice Points (Solicitors Journal), with James Tipler 


    Compensation under temporary possession provisions (JPL), with Jonathan Karas QC and Barry Denyer-Green: considers how temporary possession should be compensated for under compulsory purchase provisions


    "Reasonable belief" in adverse possession (EG), with Kester Lees: considers Schedule 6 of the Land  Registration Act 2002

    Licence to assign: some practical tips (IHL), with Ciara Fairley

    Earlier articles:

    Renewing a business lease: a step-by-step practical guide (IHL, 2013) with Joe Ollech

    Making the break (NLJ, 2010) with Nathaniel Duckworth: break clauses

    Put to rights (NLJ, 2009) with Nathaniel Duckworth: easements

    A safe space for tough negotiators? (EG, 2008): mediation

    On borrowed time (Legal Week, 2005): mortgage shortfall claims


Handles a plethora of property-related disputes, and is recognised for her skill in handling residential and commercial landlord and tenant disputes. Her clients include multiple multinational corporations. Strengths: "Very good on the detail, great with clients and a robust and highly articulate advocate." "She cuts to the heart of the matter and is user-friendly and approachable." "She is extremely organised and logical." Recent work: Appeared in Rashid v Nasrullah, a Court of Appeal case regarding land registration and adverse possession.Chambers and Partners UK Guide 2020 (Real Estate Litigation)
"Provides very helpful advice on matters of evidence and merits."Legal 500 2020
"Handles a plethora of property-related disputes, and is recognised for her skill in handling residential and commercial landlord and tenant disputes. Her clients include multiple multinational corporations. Strengths: 'She has meticulous attention to detail and is very responsive.' 'She always takes care to give careful consideration to all angles of a case.' 'Hard working and efficient. Provides quality advice, excellent paperwork and is very easy to work with.' Recent work: Acted for Vodafone in an Electronic Communications Code case concerning the compensation to be paid to the defendant in respect of the company's infrastructure situated on her land." Chambers UK Guide 2019 (Real Estate Litigation)
"Gets stuck into the detail straightaway and gives sound advice."Legal 500 2018
"Stephanie Tozer is a clear client favourite, earning a number of rave reviews. One solicitor claims, 'Stephanie is quick to pick up complicated issues and really puts the hours in to deliver. She is not afraid to give very honest advice and client direction, as well as being very bright and having a great head for detail'.”Who's Who Legal 2017
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