Thomas Rothwell

Thomas accepts instructions in all areas of residential, commercial and agricultural landlord and tenant law, as well as the law of real property more generally. He is developing a busy court and advisory practice, which features regular appearances in the County Court, but also includes work relating to the jurisdiction of the First-Tier Tribunal (Property Chamber). Thomas has also appeared in the High Court.

Thomas’ recent cases have included the following areas:

• Easements, restrictive covenants, pre-emption rights and boundary disputes;
• Commercial landlord and tenant law, including lease renewals under the Landlord and Tenant Act 1954, breaches of covenant, break clauses and forfeiture proceedings;
• Residential possession proceedings including termination of assured shorthold tenancies, claims by mortgagees and forfeiture of long residential leaseholds;
• Co-ownership proceedings under TOLATA 1996;
• The law of adverse possession;
• Nuisance and trespass proceedings;
• Leasehold enfranchisement;
• Proprietary estoppel.

Before coming to the Bar, Thomas read German and Russian at Jesus College, Cambridge, where he was also a choral scholar.  

• Education

  Modern and Medieval Languages (German and Russian), Jesus College, University of Cambridge, MA (Cantab.) – Double First Class with Distinction

  Graduate Diploma in Law, City Law School, London (Distinction)

  Foundation Scholarship, Jesus College, University of Cambridge (renewed annually, 2012-2015)

  Keller Prize awarded for one of the best finals results in any discipline at Jesus College, Cambridge, 2015

  Eliot Prize for the highest mark in Part II Modern and Medieval Languages at Jesus College, Cambridge, 2015

  Benefactor’s (2004) Prize for one of the highest non-finals marks in any discipline at Jesus College Cambridge, 2013

  Kurt Hahn Prize for the best performance in the Part IB German language examinations at the University of Cambridge, 2013

  Anthony Dorrell Prize for the best performance in the Part IA Russian examinations at the University of Cambridge, 2012.

• Professional

  Bar Professional Training Course, City Law School, London (Outstanding)

  Called: 2017, Lincoln’s Inn (Lord Mansfield Scholarship, Lord Bowen Scholarship, Hardwicke Entrance Award)

  Lincoln’s Inn Student of the Year 2017 (highest BPTC mark at Lincoln’s Inn)

  The Scarman Scholarship, City Law School, London (2nd in year on the BPTC)

  Oxford University Press Prize, City Law School, London (highest aggregate BPTC mark in advocacy and civil procedure)

  Buchanan Prize, Lincoln’s Inn, 2017

  Maitland Advocacy Prize, 2015.

• Recent cases
  • Savill v Elkesley Parish Council & Ors (Sheffield County Court, HHJ Sadiq, 11 March 2022): Thomas successfully established the existence of a prescriptive right of way on behalf of the Claimants following a contested 2-day trial.
  • Ainscough v (1) Ainscough (2) Bank of Scotland Plc [2020] EWHC 2909 (Ch): This case related to the application of the law of abuse of process to decisions of HM Land Registry and also “exceptional circumstances” in which it is appropriate to refuse to rectify the title register. Thomas successfully represented the Second Defendant in a two-day High Court trial.
• Publications

  “Fancy a Top Up? Rent Deposit Deeds and Company Administration: Re London Bridge Entertainment Partners LLP (In Administration) [2019] EWHC 2932 (Ch)” (2020) 24 L&TR Issue 3, pp. 104-108.

  “Howe v Gossop: useful insight on the circumstances in which s.2 of the Law of Property Miscellaneous Provisions Act 1989 will (or will not) amount to a defence to a proprietary estoppel” (NLJ, 7934 – May 2021) – Joint Article with Caroline Shea QC