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Edward Blakeney

Called 2016

Edward has a broad practice across all areas of property law, and is instructed as sole counsel or as part of a counsel team. He has particular experience in enfranchisement, disputes between neighbours, and landlord and tenant matters, and his work increasingly involves commercial and company law, both with and without a property law aspect.

Edward is frequently in Court in his own right, both in the County Court and the First-tier Tribunal, dealing with applications, hearings and single- or multi-day trials. He has also appeared in the Upper Tribunal and High Court unled, and has experience with urgent and without notice hearings. As part of a counsel team, Edward has appeared in the High Court, the Court of Appeal and the Supreme Court and is assisting with ongoing litigation in the Isle of Man.

Alongside his cases in court, Edward’s advisory work encompasses a wide spectrum of property matters, whether they are anticipated or ongoing, litigious or transactional.

  • Recent cases
    • UCP Plc v Nectrus Ltd [2021] EWCA Civ 57 Led by Andrew Butler QC and with Andrew Legg, the Court of Appeal addressed the jurisdiction under CPR 52.30 to re-open a refusal of an application for permission to appeal. The Court also considered whether the rule against reflective loss applied to ex-shareholders following the Supreme Court’s Judgment in Sevilleja v Marex [2020] UKSC 31.
    • Kensquare Limited v Boakye [2020] UKUT 359 (LC) Edward appeared as sole counsel in the Upper Tribunal, having acted for the successful tenant at first instance. The Upper Tribunal considered whether time is of the essence for service charge machinery, as well as the recoverability of legal costs as administration charges and service charges. Edward and James Fieldsend have been granted permission to appeal to the Court of Appeal.
    • Church Commissioners for England v Beg LON/00AW/OLR/2020/0446 In perhaps the first case under section 61A of the Leasehold Reform, Housing and Urban Development Act 1993, Edward obtained substantial compensation for a landlord following an ineffective lease extension claim. The FTT considered the legislative framework and the valuation principles that apply.
    • TBD (Owen Holland) Ltd v Simons & Ors [2020] EWCA Civ 1182 Led by Andrew Butler QC, the Court of Appeal considered and gave guidance on search orders and ‘imaging orders’ (which concern the copying of digital materials). The Court set out the inter-relationship between the two types of orders and the principles that applied to obtaining and carrying out each of them.
    • UCP Plc v Nectrus Ltd [2019] EWHC 1732 (Comm); [2019] EWHC 3274 (Comm) Led by Andrew Butler QC and with Andrew Legg, the High Court determined bifurcated questions on liability and quantum of loss arising out of an investment management agreement. The decision involved principles regarding the interpretation of contracts, scope of duties, and reflective loss.
    • As junior to Carl Fain, Edward acted in a dispute between a bank and two brothers over possession of a property, which turned on allegations of undue influence between the brothers. The brother of Carl and Edward’s client offered no evidence shortly before trial, effectively conceding the case.
    • Wells v Devani [2019] UKSC 4 Led by Andrew Butler QC, the Supreme Court ruled on the formation of oral contracts, certainty of contracts, and the effect and application of the Estate Agents Act 1979.