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

Wayne Clark

Called 1982

Wayne Clark

Wayne is known for his vast legal experience and knowledge and has been said to be a “prolific writer” of leading works in his field. He is also known to be very skilled and effective at cross examining experts of any discipline. Wayne provides an immense amount of advisory work in addition to his litigation practice.

His practice embraces all aspects of real property law, although principally relating to commercial property disputes and disputes under the Electronic Communications Code. In particular:

  • He is well known for his advice on business tenancies of which he is the co-author with Kirk Reynolds QC of the leading work, Renewal of Business Tenancies Law and Practice 6th ed (Feb 2022) 
  • Wayne is a leading light on the Electronic Communications Code, his seminal paper as part of the Blundell Lecture series in 2011 on the old telecoms code being cited at length in the Law Commission’s consultation paper which ultimately led to the implementation of the New Code in 2017. He has collaborated with several others in Chambers to author the work on the new Code, The Electronic Communications Code and Property Law (2019). He has spoken on several occasions at the annual RICS Telecoms Forum. Wayne has been in a considerable number of the reported decisions and he has been the only counsel to have appeared in all of the cases (4) under the Code that have gone to the Court of Appeal.  Wayne has recently appeared (Feb 2022) in the Supreme Court on 3 co-joined appeals under the Code.  
  • He also undertakes both mortgage and receivership related work, particularly with respect to priority disputes, being the editor of the well-known and established book on mortgages, Fisher and Lightwood’s Law of Mortgage, 15th ed (2019).
  • Wayne’s practice also covers easements (including rights of light disputes) and restrictive covenant disputes with respect to their interpretation, enforcement and their modification or discharge.
  • Vendor and purchaser disputes
  • Land registration, including: registered dispositions; priorities, notices and restrictions; alteration and rectification of the register rent reviews
  • dilapidations
  • Tenants’ rights of first refusal (of which, again, Wayne is a co-author of yet another leading work in the field, Tenants’ Rights of First Refusal, with Anthony Radevsky of Chambers) (4th edition 2021) 
  • He undertakes a substantial amount of work on development, joint venture and overage agreements
  • Professional
    • Professional Called 1982, Middle Temple
  • Recent Cases
    • Macey v Pizza Express (2021) High Court Appeal (test for landlord seeking termination on ground that it intends to carry on a business for the purposes of s.30(1)(g) of the 1954 Act)
    • S Franses v Cavendish Hotel (2021) CC (renewal of tenancy---assessment of rent during Covid and terms of new lease)
    • On Tower v Green (2021) Court of Appeal (upgrading and sharing rights and paragraph 33 renewals under the Code)
    • EE Ltd and H3G Ltd v Stephenson (2021) Upper Tribunal (whether operator needs to plead special reason for new agreement on renewal under the Code)
    • CTIL v Ashloch (2021) Court of Appeal (claim by Code operator for renewal—whether limited to its rights of renewal under the 1954 Act)
    • TFS Stores v Designer Retail Outlet Centres (2021) Court of Appeal (s.38A of the 1954 Act—contracting out of security of tenure)
    • TFS Stores v Designer Retail Outlet Centres (2020) Court of Appeal (whether claim under 1954 Act is a claim for possession under PD 51Z)
    • EE Ltd and H3G v Edelwind Ltd (2020) Upper Tribunal (service of paragraph 31 notice and termination of Code agreements)
    • CTIL v Compton Beauchamp (2020) Court of Appeal (paragraph 20 of the new Code and status of operator seeking imposition of Code agreement)
    • University of London v CTIL (2020) Court of Appeal (whether paragraph 26 of the new Code is parasitic on paragraph 20)
    • On Tower v APW (2020) Upper Tribunal (whether operator in situ under tenancy at will can make application under paragraph 27 of the Code)
    • TFS Stores v Designer Retail Outlet Centres (Mansfield) General Partner [2019] EWHC 1363 (Ch) (Statutory declarations purportedly agreeing to contract a business tenancy out of the protections afforded by the Landlord and Tenant Act 1954 part ll had been validly made. 
    • Swailes v Cassain (2019) (specific performance obtained of agreement for sale)
    • CTIL v Compton Beauchamp Estates (2019) (para 20 and consideration/compensation under paragraph 24 of the New Code)
    • CTIL v University of London (2018) (paragraph 20 and 26 of the New Code)
    • Royal London Borough of Greenwich v Vofafone (2018) (claim under para 20 of New Code for rooftop space on residential block)
    • CTIL v LTH (Praed Street) Ltd (2018)(para 26 claim for interim rights---first case before the Upper Tribunal on the New Code)
    • Questpit v Hanson (2018)(successfully resisting enforcement of restrictive covenants)
    • UBMG Ltd vA&M Leisure (2018) (summary judgment under s.30(1)(f) in relation to major redevelopment at Southbank, London)
    • Morrison Supermarkets v Sainsburys Supermarket (2018) (single or double compensation under 1954 Act—meaning of “successor to business”)
  • Publications
    • The Electronic Communications Code and Property Law (2019)
    • Tenants' Right of First Refusal, 4th edition (2021)
    • Renewal of Business Tenancies Law and Practice, 6th ed (2022)
    • Co-ordinating editor and contributor to Fisher & Lightwood's Law of Mortgage, 15th edition. (2019).
    • Contributor to Hill & Redman's Law of Landlord and Tenant.
Wayne Clark handles a good deal of commercial property disputes and is an expert on business tenancies. He has extensive experience advising on issues such as valuation, possession and restrictive covenant matters. He is also noted for his knowledge of the telecoms code. "He was impressive, thorough and provided us with some very helpful and incisive input to move things to a successful commercial outcome." "He has excellent all-round expertise in the Landlord and Tenant Act 1954." "A counsel with wide and vast experience and a strong reputation in telecommunications."Chambers and Partners Guide 2022 (Real Estate Litigation)
‘Wayne has an encyclopedic knowledge of the law and installs absolute confidence in the client. He is always three steps ahead of his opponent. ’Legal 500 2022
Peers say the "amazing" Wayne Clark is "extremely clever and very courteous to boot" earning acclaim for his expertise in valuation, possession and restrictive covenant matters.Who’s Who Legal UK Bar Report 2022
Handles a good deal of commercial property disputes and is an expert on business tenancies. He also advises on development, joint venture agreements and overage provisions. He is also noted for his knowledge of the telecoms code. Strengths: "The leader in his field and yet entirely user-friendly, pragmatic and approachable." "He has the highest level of technical expertise in relation to his specialist areas of work." "A veteran of the Property Bar, Wayne is as good as most QCs."Chambers and Partners UK Guide 2021 (Real Estate Litigation)
Well-regarded for his expertise in cases relating to the Electronic Communications Code, Clark draws praise for his high level of technical knowledge and written contributions on the subject. He provides strategic advice on the code and frequently acts in tribunal cases for both telecoms operators and landowners. Strengths: "He knows everything about the code, and is very experienced."Chambers and Partners UK Guide 2021 (Telecommunications)
"Excellent on Landlord and Tenant matters, particularly the Telecoms Code."Legal 500 2021
Handles a good deal of commercial property disputes and is an expert on business tenancies. He also advises on development, joint venture agreements and overage provisions. He is also noted for his knowledge of the telecoms code. Strengths: "He demonstrates incredible attention to detail, giving clients and instructing solicitors great confidence." "He can explain complex issues clearly and puts a client's mind at ease." "He is a silk in junior's clothes."Chambers and Partners UK Guide 2020 (Real Estate Litigation)
Rated first Junior Barrister, Real Estate Who’s Who Legal UK Bar 2019 Guide
"Excellent property junior" with "great all-round knowledge of the field.” Who's Who Legal UK Bar 2019 Guide
"Handles a good deal of commercial property disputes, and is an expert on business tenancies. He also advises on development, joint venture agreements and overage provisions. Strengths: 'Extremely approachable and has a very good client manner.' 'Excellent grasp of the legal and commercial issues.' 'Very detailed, thorough and a good advocate.' Recent work: Acted for Sainsbury's in proceedings for lease renewal of premises and in related claims for compensation." Chambers UK Guide 2019 (Real Estate Litigation)
"Super bright, approachable with superb attention to detail."Legal 500 2018

Winner - Real Estate Junior of the Year 2016

Chambers UK Bar Awards
"Sources strongly endorse Wayne Clark for his 'commercial and practical advice' and his 'persuasive, non-abrasive style'. His practice covers a wide range of property law, specialising in business tenancies".Who's Who Legal 2017
More published comments