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 6^th 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) (4^th edition 2021) 
• He undertakes a substantial amount of work on development, joint venture and overage agreements

• Professional
  • Professional Called 1982, Middle Temple
• Recent Cases
  • Block 6 Ashley Gardens Ltd v Franses and others (2022) CC (1987 Act acquisition by qualifying tenants of roof space leases 12 years after the original disposal)
  • On Tower v APW (New Zealand Farm) (2022) Upper Tribunal (approach to determination of rent for renewal of telecommunications site under the 1954 Act)
  • On Tower v Gencomp and APW (2022) Upper Tribunal (jurisdiction to make claim under Part 5 of the Code against an overriding lessee)
  • On Tower v APW (Pendown) (2022) Upper Tribunal (approach to determination of consideration on renewal under Part 5 of the Code)
  • On Tower v APW (Audley House)(2022) Upper Tribunal (rights of access and impact of Health and Safety Act legislation on terms to be incorporated into Code agreement)
  • CTIL v Compton Beauchamp, On Tower v APW and CTIL v Ashloch (2022) Supreme Court (three appeals on jurisdictional aspects of the Code and in particular whether operator in occupation can seek Code rights).
  • 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.