Edward Peters KC

Education

Gonville & Caius College, Cambridge: BA in History(1996). (Double First; Senior Scholarship). MA (2000)
City University: Diploma in Law, with Distinction (2nd in year)
Inns of Court School of Law. Winning pair, Middle Temple Mooting Competition 1998
Worshipful Company of Arbitrators Prize.

Professional

Called 1998, Middle Temple (Astbury Scholarship)
Panel Member of the Dispute Resolution Panel of the Agricultural Law Association, both as an expert and as an arbitrator
Fellow of the Chartered Institute of Arbitrators (FCIArb)
Member of the Agricultural Law Association, the Chancery Bar Association, the London Common Law and Commercial Bar Association, and the Property Bar Association.

Recent Cases

Procter v Procter [2022] EWHC 1202 (Ch) (joint tenancies – joint tenant serving notice to quit in breach of trust – order for rescission of notice to quit – partnerships – effect of retirement of partner - estoppel by deed/grant re freehold titles)
Smith v Official Custodian for Charities (Trustees of Ovington Fuel Allotment) (ALD/E/S/2016/002, 11/10/2021) (Agricultural Holdings Act 1986, s. 41 – succession - livelihood condition not satisfied – whether satisfied to a ‘material extent’ – whether ‘fair and reasonable’ for succession tenancy to be granted – appropriate tests to be applied – position where part of applicant’s livelihood provided in kind by cohabitee).
Procter v Procter [2021] EWCA Civ 167, [2021] Ch 395, [2022] 1 All ER 358 (joint tenancies - tenancy can be created between A and AB at common law, orally or by conduct, without relying on s. 72(2) of the Law of Property Act 1925 - dicta of House of Lords in Rye v Rye disapproved - exclusive possession conceptually possible in such circumstances - Agricultural Holdings Act 1986 - applies to tenancies at will – factors relevant to statutory protection in cases of mixed agricultural and non-agricultural user).
Rees v Earl of Plymouth (Windsor-Clive) [2020] EWHC 2986 (Ch), [2021] 1 P&CR 12 (arbitration claim - Agricultural Holdings Act 1986 – Case B – timescale for development – meaning of ‘building development’ - s 68 challenge on basis of alleged serious irregularities).
Procter v Procter [2019] EWHC 1199 (Ch) (Agricultural Holdings Act 1986 – joint tenancies - trusts).
Shortland v Hill [2018] 1 P&CR 16 (easements – Land Registration – whether estoppel binding on successors inn title); see “Estoppel, Registration, and the Perils of Obiter” (Juanita Roche) 81 Conv. 6 pp 463-466.
Marshall v Scaman [2017] EWHC 291 (Ch) (arbitration claim, arising from arbitration under Agricultural Holdings Act 1986 - s 68 challenge on basis of alleged serious irregularity – s. 24 claim for removal of arbitrator).
Collins v Collins (No 2) [2016] 2 P&CR 6 (easements – declaration of express trust of land – whether implied grant of right of way – non-derogation from grant – s. 62, 1925 Act – whether right of way restricted to agricultural user – order for sale of farm - TOLATA 1996 – court appointed receiver – which of two competing bids to be accepted by receiver).
Collins v Collins (No 1) [2016] 2 P&CR 5 (Trusts of Land and Appointment of Trustees Act 1996 – contested order for sale of large farm – contested appointment of receiver - whether sale only reliable means of ascertaining market value).
Patley Wood Farm LLP v Brake [2015] EWHC 483 (Ch) (arbitration claim – application under s. 44 Arbitration Act 1996 – whether court had jurisdiction to make order sought – how court’s discretion should be exercised)..
Patley Wood Farm LLP v Brake [2014] EWHC 4499 (Ch) (arbitration claim – application under s.44 Arbitration Act 1996 – extent of court’s jurisdiction – how court’s discretion should be exercised – comparison with court’s powers under s. 42 of the Act).
Fulham Broadway Trustees No.1 Ltd v Telefonica UK Ltd [2014] EWHC 1048 (Ch) (arbitration claim under s. 68 - serious irregularity - regarding a commercial rent review in the Fulham Broadway Shopping Centre).
Brake v Patley Wood [2014] EWHC 1439 (Ch) (arbitration claim under s. 68 - serious irregularity, & s. 24 - removal of arbitrator, from ongoing LCIA arbitration concerning substantial commercial partnership).
Daejan Properties Ltd v Griffin [2014] UKUT 206 (service charge appeal, concerning whether tenants of block of flats entitled to set-off for damages for ‘historic neglect’, plus issues relating to construction of service charge provisions and general guidance concerning exercise of s. 20C discretion).
French v Savelieva [2013] EWHC 2537 (Ch) (specific disclosure appeal).
Compton Beauchamp Estates Limited v Spence [2013] EWHC 1101 (Ch), [2013] 20 E.G. 107 (Morgan J.) (arbitration claim under s. 68 of the Arbitration Act 1996; arbitration concerning rent payable for agricultural holding under Agricultural Holdings Act 1986; standard of reasons which an arbitrator should be expected to achieve in a reasoned arbitration award, and circumstances in which a failure by the arbitrator to give adequate reasons will give rise to a “serious irregularity”).
George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd [2011] UKUT 91 (LC) (defeated application for modification of restrictive covenant under s. 84 of the Law of Property Act 1925, with consequent demolition of 17 homes built in breach of covenant:
http://www.bbc.co.uk/news/uk-england-gloucestershire-16309548; http://www.dailymail.co.uk/money/mortgageshome/article-2077403/Residents-force-Taylor-Wimpey-tear-24-homes-built-historic-land-planning-permission.html
PGF II SA and PGF II(Lime) SA v Royal & Sun Alliance and London & Edinburgh Insurance Co Ltd [2010] EWHC 1459 (TCC), [2011] 1 P&CR 11 (substantial end-of-term dilapidations claim concerning City office block adjacent to Lloyds of London, deciding various novel legal and valuation principles, including the concept of so-called ‘supercession’).
Bocardo SA v Star Energy UK Onshore Ltd (Supreme Court) [2010] UKSC 35, [2010] 3 WLR 654, [2010] 3 All ER 975; (CA) [2010] Ch 100, [2009] 3 WLR 1010, [2010] 1 All ER 26 ; (Peter Smith J.) [2009] 1 All ER 517, [2008] 2 P&CR 23 (damages for trespass for extraction of £10M of oil from oilfield from under Al Fayed family estate; limitation and deliberate concealment).
Shaw v Doleman (CA) [2009] 2 BCLC 123, [2009] BCC 730, [2009] 2 EGLR 35, [2009] L & TR 27 (whether guarantor under AGA released upon disclaimer of lease).
Brown's Operating System Services Ltd v Southwark Roman Catholic Diocesan Corporation (CA) [2007] L&TR 25 (whether landlord or tenant entitled to keep service charge surplus or reserve fund upon termination of the lease).
Elmbirch Properties PLC v Schaefer-Tsoropatzadis [2007] 2 EGLR 167(rent review: meaning of modern ground rental value).
Eyestorm Ltd v Hoptonacre Homes Ltd [2007] EWCA Civ 1366, [2007] All ER (D) 284 (recission of contract for sale of 14 flats at premium of £2.255m)
Edlington Properties Ltd v JH Fenner & Co (CA) [2006] 1 WLR 1583, [2006] 3 All ER 1200, [2006] 2 EGLR 18 (CA) (equitable set-off; claim for rent arrears by assignee of reversion; £52m claim by tenant against original landlord for defective construction of premises under agreement for lease).
Kintyre Ltd v Romeomarch Property Management Ltd [2006] 1 EGLR 67 (leasehold enfranchisement; whether lease void under s. 19 of the 1993 Act).
Stroude v Beazer Homes Ltd [2006] 2 EGLR 115 (s. 106 agreement for construction of bypass; effect of joint, several or concurrent obligations; whether implied right of access; whether rights planning obligations or proprietary interests; meaning of s. 82, LPA 1925).
Gaingold Ltd v WHRA RTM Company Ltd [2006] 1 EGLR 122 (right to manage; whether part-commercial premises excluded).
Clements v Goodacre [2004] EWCA Civ 1406 (boundaries and implied easements)
DEFRA v Feakins [2004] 49 EG 135 (CS) (s.423 transactions at an undervalue; foot and mouth disease; damages for trespass; water pollution; powers under the Animal Health Act; European legislation concerning BSE).
Goldmile Properties Ltd v. Lechouritis (CA) [2003] 1 EGLR 60 (inter-relationship between covenant for quiet enjoyment and repairing covenant).
Malekshad v. Howard de Walden Estates (HL) [2003] 1 AC 1013, [2002] 3 W.L.R. 1881 [2003] 1 EGLR 151(leasehold enfranchisement, 1967 Act, meaning of 'house').
Ashworth Fraser v Gloucester City Council (HL) [2001] 1 WLR 2180, [2002] 1 All ER 377, [2002] 1 EGLR 15 (unreasonable withholding of consent to assign).
The City of London Real Property Company Ltd v CGU International Insurance Plc (2000, Lawrence Collins J., The Handbook of Rent Review, C-083.1) (rectification of rent review clause).
Lee v Herbert-Smith [2000] R.V.R. 227, [2000] C.L.Y. 3895 (Lands Tribunal - Leasehold enfranchisement – Leasehold Reform Etc Act 1993 –costs jurisdiction).

Publications

One of the five editors of Woodfall’s Law of Landlord and Tenant; the leading work, published continuously since 1802 (Sweet & Maxwell, looseleaf; co-editor since 2007)
Editor, Muir Watt & Moss on Agricultural Holdings (Sweet & Maxwell; 15th ed., 2018; 16th ed., 2024)
Editor, Fisher & Lightwood's Law of Mortgage (Butterworths; 11th ed., 2002, & supplement, 2003; 12th ed., 2006, & supplement, 2008; 13th ed., 2010; 14th ed., 2014; 15th ed., 2019)
Consultant Editor, Halsbury’s Laws – Mines, Minerals and Quarries (Butterworths 5th ed., 2024,)
Consultant Editor, Halsbury’s Laws – Real Property and [Land] Registration (Butterworths, 5th ed., 2022)
Consultant Editor, Halsbury’s Laws – Boundaries (Butterworths, 5th ed., 2020)
Co-author of Charging Orders on Land (Wildys, 1st ed., 2014; 2^nd ed., 2024)
Co-author of Commonhold (OUP, 2004)
Reporter for Property, Planning & Compensation Reports.

Related Practice Areas

Called 1998Silk 2023