James Fieldsend

Profile

James has developed a specialist property practice which encompasses a wide range of areas.  He has experience of representation in the Court of Appeal, the High Court, County Courts, the Upper Tribunal (Lands Chamber) and the Leasehold Valuation Tribunal.

The principal areas in which James has particular expertise are:
(i) Landlord and Tenant (both commercial and residential)
(ii) Leasehold enfranchisement
(iii) Mortgage related claims
(iv) Easements and boundary disputes
(v) Restrictive covenants
(vi) Adverse possession
(vii) Disputes as to the ownership of property
(viii) Property related professional negligence claim

James’ clients range from large organisations with substantial property portfolios to individual property investors and lessees.  He is also experienced in dealing with cases that involves lessee run freehold or management companies.

Experience

Representing one of the Respondents before the Court of Appeal in the landmark case concerning dispensation from the statutory consultation requirements for service charges.

Representing the Respondent in an appeal to the High Court in which the question of how terms of acquisition in leasehold enfranchisement claims was resolved.

Representing the Appellants in the leasehold enfranchisement appeals to the Upper Tribunal (Lands Chamber) that are commonly referred to as the “Nailrile Appeals”.

Representing the Appellant before the Court of Appeal in the appeal that determined the periods of the statutory periodic tenancy arising at the end of an assured (or an assured shorthold) tenancy under the Housing Act 1988.

Regular representation of both landlords and tenants before the Leasehold Valuation Tribunal and the County Court in service charge, breach of covenant and leasehold enfranchisement claims.  The cases concerning service charges are often multi-day hearings and James has experience of managing considerable quantities of factual material as well as multi-party claims.

James is also experienced in dealing with claims that are referred for resolution through the various forms of ADR.

Significant Cases

Dajean Properties v Benson [2011] EWCA Civ 38
Dispensation from statutory consultation requirements for residential service charges

5 Felix Avenue Ltd v Pledream Properties Limited [2010] EWHC 3048 (ch)
Agreement of terms of acquisition in leasehold enfranchisement

Staunton v Kaye & Taylor [2010] UKUT 270 (LC)
Whether a charge claimed under a lease was a service charge and whether the requirements of s.47 of the Landlord and Tenant Act 1987 had been complied with

McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285
Review of a local authority’s decision to commence possession proceedings as a defence to the claim for possession

Nailrile Ltd v Earl of Cadogan [2009] 2 EGLR 151 (LT)
Valuation of intermediate leasehold interests in leasehold enfranchisement

Omotajo v Omotajo [2008] All ER (D) 156
Rights of third parties to occupy trust property under Trust of Land and Appointment of Trustees Act 1996

Church Commissioners for England v Meya [2006] EWCA Civ 821
Determining the periods of a statutory periodic tenancy arising under the Housing Act 1988

Hammersmith and Fulham LBC v Bulitron Management Ltd [2005] Cty Ct
Rights of landlords during “twilight period” following forfeiture of a commercial lease

Publications

Contributor, Service Charges and Management: Law and Practice (Sweet & Maxwell) 

Memberships

Property Bar Association

Chancery Bar Association

Qualifications

LLB (Newcastle)

Directory Quotes

James Fieldsend is listed as a leading junior in property litigation in The Legal 500 from 2008 to date.

'provides comprehensive legal and tactical advice'
Legal 500 2010

'provides comprehensive advice'
Legal 500 2009

'extremely user-friendly and quick to respond’
Legal 500 2008

James Fieldsend is listed as a leading junior in real estate litigation in Chambers UK from 2005 to date.

'He is a favourite of many solicitors, who keenly watch his progress and anticipate great things'
Chambers UK 2011

'a tough yet fair opponent, who can adapt his approach on the fly when appearing in court'
Chambers UK 2010

'very knowledgeable'
Chambers UK 2009

'earns his stripes for his general landlord and tenant litigation skills'
Chambers UK 2007

'highly regarded for his expertise in landlord and tenant and housing law'
Chambers UK 2006

'especially rated for his expertise in landlord and tenant and housing law'
Chambers UK 2005