Mark Galtrey

Mark Galtrey specialises in real estate litigation. He regularly appears in the High Court and County Court, with substantial experience of multi-day trials. He also has a growing appellate practice and will appear twice in the Court of Appeal in 2020.

Mark’s recent cases have related to the following areas:

• Commercial landlord and tenant, including renewals under the Landlord and Tenant Act 1954, dilapidations, breach of covenant, rent review and forfeiture;
• Residential landlord and Tenant, including rights of first refusal , possession proceedings, enfranchisement, service charge, right to manage, forfeiture and relief, alterations and nuisance;
• Fire Safety issues relating to both commercial and residential landlord and tenant matters;
• Easements, public rights of way, restrictive covenants and boundary disputes;
• Proprietary estoppel;
• Adverse Possession;
• Mortgages and receivership;
• Land Registration;
• Agriculture.

His scientific and accounting background gives him a particular expertise in matters involving complex financial and valuation issues. Before coming to the Bar, he qualified as a Chartered Management Accountant and was in the UK Civil Service in the Department for Business, Innovation and Skills. Whilst in the Civil Service, he was responsible for valuing complex financial assets, and acted as lead financial negotiator with HM Treasury.

• Education

  Before coming to the Bar, Mark obtained a first class degree in Natural Sciences from Selwyn College Cambridge, being placed top in the University in the Part II examinations, and went on to complete a PhD in the quantum physics of LEDs. He completed his GDL and BPTC at City Law School, being graded Outstanding and winning the prestigious Senior Moot competition.

  Away from work, Mark is a semi-professional cellist and orchestral conductor.

• Professional

  Mark was called to the Bar in 2015 by Lincoln’s Inn, who awarded him the Lord Mansfield Scholarship, the Lord Brougham Scholarship, the Hardwicke Scholarship, and the Buchanan Prize.

  Mark is a member of the Chancery Bar Association and the Property Bar Association

• Recent Cases
  • TFS Stores Ltd v BMG (Ashford) Ltd [2019] L.& T.R 26. (with Guy Featherstonehaugh QC): important case on the process for contracting out of the Landlord and Tenant Act 1954. After a five-day High Court trial, successfully obtained permission to appeal, with the Court of Appeal to hear the case in 2020.
  • Safdar v GR Property Management (2019): succeeded on appeal in upholding the validity of joint enfranchisement applications under section 90 of LRHUDA 1993. Having considered the point to be of general public importance, the Court of Appeal will hear a second appeal in 2020.
  • Dormer v Rued (2019): Acted alone in a five-day High Court trial to resolve a multi-million pound dispute between partners in a house-building business spanning more than 20 years.
  • Chhokar v Bancil (2019): Successfully represented the landlord at a multi-day trial before a Circuit Judge in an action for over £200,000 of commercial rent arrears and possession.
  • Perrill v Madurapperuma (2018): Following a four-day trial before a Recorder, obtained rescission of a deed of trust on the grounds of misrepresentation, damages for misappropriation of funds, and possession of two substantial residential properties.
  • Shih v He (2017): Obtained outright possession of commercial premises on a forfeiture action following a full trial, including resisting an application for relief from forfeiture.
  • Clare v Bank of Scotland (2017): At two separate trials, successfully defended a bank from allegations of fraud and harassment, leading to an award of indemnity costs.
  • Holden v Richards (2017): Obtained outright possession of agricultural land following three hearings and a trial raising issues of will construction, mental capacity, and option agreements.
• Publications

  Problems of jurisdiction in EU cross-border property disputes Fam. Law 2019, 49(Jun), 660-668

  Communicating with the other side S.J. 2017, 161(32), 27, cited with approval in the latest edition of Hague on Leasehold Enfranchisement.

  Illusory security: the perils of tenant insolvency L. & T. Review 2016, 20(6), 215-219