+44 (0)20 7353 2484 clerks@falcon-chambers.com

Joseph Ollech

Called 2006

Joseph Ollech

Joe has a busy practice specialising in real estate litigation and arbitration, and is ranked as a leading junior in the Legal 500 and Chambers & Partners directories. His practice encompasses all real property related work including commercial, agricultural and residential landlord and tenant work, rent reviews, options, development agreements, trusts and beneficial ownership, restrictive covenants, mineral rights, rights to light, easements, land registration, adverse possession, boundary disputes and mortgages.

His practice also encompasses a variety of crossover specialisms relating to transport and infrastructure, utilities, energy and environmental work. He has extensive experience in litigation and advisory work relating to riverine and coastal land, harbours and marinas, mooring rights and riparian land, as well as work involving statutory undertakers.  He has significant experience in complex cases involving large institutional clients from both the public and private sector, including local authorities, the Port of London Authority, transport operators, Premiership and non-league football clubs and stadiums. 

Joe’s practice also encompasses property related areas of company and insolvency law, and he appears regularly on such matters, especially in connection with CVAs.  He also has experience of property issues arising in the context of family law and divorce proceedings, and also under the Proceeds of Crime Act 2002.  In addition Joseph often deals with professional negligence matters that arise in connection with his area of expertise.

He is an elected committee member of the Chancery Bar Association.

  • Education
    • London School of Economics BSc in International Relations and History (1st Class Hons).
    • College of Law Postgraduate Diploma in Law (Distinction).
  • Professional
    • Bar Vocational Course (Outstanding).
    • Buchanan Prize Lincoln's Inn 2006 BVC Result Award.
    • Lord Brougham Scholar Lincoln's Inn 2005.
    • Lord Denning Scholar Lincoln's Inn 2006.
  • Significant Cases

    High Court and above‚Äč

    • Parkview Battersea Homes Ltd  v Persons Unknown Chancery Division  (urgent possession proceedings in respect of travellers’ occupation of building site, and injunction against future trespass as per Secretary of State for DEFRA v Meier)
    • In re Amin, Abdulla v Whelan et al [2017] EWHC 605 (Ch); [2017] 1 WLR 3318 (Disclaimer under the Insolvency Act 1986 and joint tenancies)
    • Couper v Port of London Authority [2017] EWHC 22 (Ch) (Extended civil restraining orders and orders for enforcement bring closure to a long running dispute on the River Thames).  Acted on behalf of the successful Port of London Authority and a High Court Enforcement Officer in obtaining orders for enforcement by way of sale and disposal of a large collection of boats on the River Thames under Taking Control of Goods Regulations 2013, and also for related directions imposing two extended civil restraining orders against the Claimant  and his wife, even though she was not a party to the proceedings.
    • Chetwynd v Tunmore [2016] EWHC 156 (QB) (with Wayne Clark, a complex two week trial on abstraction of underground water, damage to property, s.48A of the Water Resources Act 1991, but for and material contribution causation issues, overlapping private law relief and planning enforcement and the operation of neighbouring fisheries).
    • Kingston-upon-Hull City Council v Superstadium Management Company Ltd, B80L 8591, Leeds District Registry 18.09.2015 (unsuccessful claim for breach of covenant and injunction by the landlord). Joe acted as junior to Jonathan Gaunt QC in preparing at short notice the defence and evidence in response to this application for an urgent injunction by Kingston-upon-Hull City Council, in connection with the defendant’s actions in laying a new 3G pitch in place of a classic gymnasium floor at the Airco Arena, part of the Hull City stadium complex. The change of pitch was connected with the defendant’s directors’ ambition to achieve Premier League Category 2 status for Hull City’s football academy, as well as repairing issues under its lease. The case was expedited to trial where the defendant succeeded on all aspects of the claim.
    • Westley et al v Camden Motors (Holdings) Ltd, HC-2013-000339 (with Jonathan Karas QC, a case concerning valid service of break notices, agency, s.196(3) Law of Property Act 1925 and the definition of “last-known place of abode or business...”. Settled before trial.)
    • Okadigbo v Chan & Chan QB/2013/0671 24.10.2014 (appeal from the County Court on relating to the exercise of judicial discretion and the multiple to be applied in assessing the payment of a penalty under s.214(4) of the Housing Act 2004)
    • Couper v Albion Properties & Port of London Authority [2013] EWHC 2993 (Ch) (Complex claims in respect of mooring rights over the River Thames, adverse possession, easements, conspiracy, slander of title, harassment and misfeasance in public office)
    • Wren Estates Limited v Hedges & Prinzes Park Limited HC12C00614 06.12.2012 (unreported) (on notices to complete,  the Law of Property Act 1925 s.49, specific performance, and the service of notices “without prejudice” to earlier notices)
    • Edwards & Walkden (Norfolk) Limited and ors v The Mayor and Commonalty and Citizens of London [2012] EWHC 2527 (Ch) (Trial of preliminary issues of 51 tenancies at Smithfield Market under section 35 Landlord and Tenant Act 1954, lease terms changed from all inclusive fixed rent and service charge model to clear lease model with separate variable service charge)
    • Charles Terence Estates v Cornwall Council [2012] EWCA Civ 143,[2013] 1 W.L.R. 466 (Validity of 25 long term leases challenged by the local authority tenant on a mixture of public and private law defences, raising issues of capacity and ultra vires)
    • Charles Terence Estates v Cornwall Council [2011] EWHC 2542 (QB), [2012] PTSR 790, [2012] 1 P & CR 17, [2011] LGR 813
    • Pennock v Hodgson [2010] EWCA Civ 873 (on the interpretation of conveyances, parcel clauses and plans, and the admissibility of extrinsic evidence)


    Other courts and tribunals

    • Patel v Singh – Clerkenwell & Shoreditch County Court (injunctive relief and urgent possession claim of development land)
    • Henry v Adriatic Land 2 Ltd et al – First Tier Tribunal, Property Chamber (on the proper interpretation of defective service charge mechanism, application of Arnold v Britton, estoppel by convention, reasonableness and payability)
    • Grosvenor Estates v Akam – Central London CC (on Rent Act succession, defendant claiming rights on the basis co-habiting “as if” in civil partnership with deceased tenant, analogy to Nutting v Southern Housing Group Ltd)
    • Matier v Christchurch Gardens (Epsom) Ltd [2017] UKUT 56 (LC): on costs recovery under r.13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chambers) Rules 2013
    • (1) ICA Inc v Philip Curtis et al, and (2) PRISMA Inc v Philip Curtis, Cheltenham & Gloucester County Court: complicated and overlapping set of four joint proceedings in order to regain control of a large commercial and residential site in Gloucestershire.  Noteworthy In terms of strategic planning and a tactical approach to joint management and/or consolidating multiple overlapping claims and defences so as to preclude any possible right to possession by the Defendants.  Settled before trial.
    • Transline Properties Ltd v Network Rail Insfrastructure Ltd, Romford County Court: (for the tenant on an application for relief from forfeiture against Network Rail, and with the unusual aspect of obtaining relief without having to pay any of the landlord’s costs)
    • JD Wetherspoon PLC: Re the Crown Inn, 23 High Sreet Biggleswade (appearing for the client at a council development and planning meeting, to make representations regarding objections by interested parties as to the existence of a highway or bridle way)
    • Stewart v Target Performance Ltd – First Tier Tribunal, Property Chamber (on the right of a landlord to place insurance with an insurer of its own choosing, and whether insurance premiums reasonably incurred when they rise year on year when placed with the same insurer)
    • Christchurch Gardens (Epsom) Ltd v Matier, First Tier Tribunal Property Chamber (on reasonableness of service charges, appointment of managing agents and whether a 12 month contract renewable on notice is a QLTA, applications for dispensation under Landlord and Tenant Act 1985 s.20ZA)
    • Cowan v Coronet Ltd, Reading CC (On jurisdiction to grant relief from forfeiture and/or alter the terms of a consent order)
    • Celeriter v Hitchin Cow Commoners Trust Luton CC (1954 Act proceedings in respect of Hitchin Town Football Club and stadium)
    • Kefco Sales v Dhillon Basildon CC (injunctive relief in respect of nuisance and damage to property)
    • Zeweditu Mebrahtu by Receivers v Person Unknown Edmonton CC (possession action for receivers, on behalf of but against an unwilling principal)
    • Van Den Berg & Van Den Berg v Irving Newcastle upon Tyne CC (caravan site licence termination and damages for repudiatory breach of contract)
    • Barclays Bank v Ozbay & Ozbay Willesden CC (defending mortgagee possession proceedings, involving issues of undue influence)
    • Kaupthing Singer & Friedlander v Andres Barnet CC (enforcement proceedings in respect of bridging finance loans)
    • Raymond Neville Clayton v Candiva Enterprises Ltd Newcastle upon Tyne CC (on interpretation and rectification for common or unilateral mistake of a contract for sale and transfer of land)
    • Savouri v Georga Land Registry (registration of title arising out of probate proceedings)
    • Juliet Properties Ltd v Tanner Lambeth CC (on human rights, Article 8 and possession proceedings brought by a private landlord)
    • Madeira Walk LLP v Perfect Information Property Ltd Central London CC (1954 Act proceedings, issues involving whether a landlord is limited to opposing on grounds set out in its notice, and/or the withdrawal or amendment of a landlord’s notice)
    • London Borough of Southwark v Theowal Ltd & Aspects RTM Company Ltd Central London CC (on the right to manage and liability for transitional service charges under Commonhold and Leasehold Reform Act 2002, in a tri-partite headlessor, intermediate lessee and sub-lessee relationship)
    • Brunton v Holmes & Homes Newcastle upon Tyne CC (on the acquisition of easements by prescription, the rule in Wheeldon v Burrows, substantial interference and nuisance)
    • Port of London Authority Various – relating to trespass on the River Thames, riparian rights, statutory regulation of activity on the river and licences to moor.
    • Rambourg Holding Corporation v Botham FTT (Property Chamber) (s.168 determination of service charges)
    • Longfield Leisure v Gill Newcastle upon Tyne CC (damages for wrongful forfeiture and statutory compensation under s.37 of the 1954 Act)
    • Chan & Chan v Okadigbo Willesden CC (contested possession proceedings, including issues as to compliance with tenancy deposit schemes and provision of information under the Housing Act 2004)
    • Eastwell & Eastwell v Davison & Davison, First Tier Tribunal Property Chamber (on easements, rights of way, prescription and extinguishing easements)
    • Constanti v Goldsmith Williams Mayor’s & City CC (professional negligence and s.42 of the Leasehold Reform, Housing and Urban Development Act 1993)
    • Conway v Byrne Central London CC (on the grant of a new lease under s.48 of Leasehold Reform, Housing and Urban Development Act 1993 on agreed terms, and whether service of a notice to complete has the effect of making time of the essence)
    • Henry Williams Group Ltd v Foster & Albert Skip Hire Newcastle upon Tyne CC (on restrictive covenants, unlawful and excessive use of rights of way, trespass and nuisance)
    • Gluck v Katz Clerkenwell & Shoreditch CC (appeal before Circuit Judge on the validity of a notice served pursuant to s.21(4)(a) of the Housing Act 1988)
    • Norton Arms Bowls Club v Spirit Pub Company Land Registry (application for registration of possessory title)
    • Moore Investments v Glencoyne Court Management (Southmead) Ltd Bristol CC (determination of status and rights arising under Commonhold and Leasehold Reform Act 2002 right to manage legislation)
    • Atwell v Knowles Torquay & Newton Abbot CC (dispute between joint freeholders, applications for orders for sale, restoration of property, and action for an account to be taken)
    • Garguilo & Garguilo v Gershinson & Brooks (as Fixed Charge Receivers of Desmond Moore) [2012] EWLandRA 2011_0377 (whether lease validly executed as a deed, section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989)
  • Publications
    •  Contributing Editor to Atkin’s Court Forms Vol.34(1) Sale of Land
    • “Riparian Ownership” 168 NLJ 7794
    •  "Can a CVA work to release guarantor obligations?" NLJ Vol. 157 No 7281 3 August 2007.
    •  “Virtually no chance?” 159 NLJ 1465.
    •  “The Road to Recovery”, with Adam Rosenthal, 160 NLJ 1520.
    •  “Alteration and Rectification: When a mistake really is a mistake” 161 NLJ 696.
    •  “The Next Instalment”, with Adam Rosenthal, 162 NLJ 609.
    •  "Back to basics tenancy or other legal relationship" [2012] 16 L&T Review 101.
    •  “Protecting the Castle”, with Adam Rosenthal, 163 NLJ 11
    •  “Under Occupation”, with James Tipler, 165 NLJ 7675
  • Memberships
    • Chancery Bar Association
    • Property Bar Association
    • Agricultural Law Association
"Has a robust real estate litigation practice and wide experience of disputes arising under the 1954 Act, the Rent Act and the Housing Act. He is particularly strong on restrictive covenants, easements, adverse possession claims and boundary disputes, and is also an expert in property-related company and insolvency law. He also acts in agricultural matters. Strengths: 'He is a seriously bright, articulate barrister who rolls up his sleeves and gets on with the work.' 'Extremely user-friendly and approachable from a client's perspective.' Recent work: Acted in a long-running case for possession of commercial premises under the Landlord and Tenant Act on the grounds of occupation by the landlord as a residence." Chambers UK Guide 2019 (Real Estate Litigation)
"Well-regarded land law practitioner who regularly handles disputes over tenancies. He is also frequently instructed in cases regarding property-related company and insolvency law. His expertise further encompasses restrictive covenants, easements, boundary disputes and adverse possession. Strengths: 'Very bright and very thorough. He's meticulous and his written work is really very good. Joseph is easy to work with, very reliable, and someone with good in depth knowledge. He covers all of the bases and often thinks up new solutions, adding value'." Chambers UK Guide 2019 (Agriculture & Rural Affairs)
"Just rolls up his sleeves and gets on with it; excellent to work with."Legal 500 2018
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