Stan Gallagher

Profile

Stan’s practice is exclusively in the field of real property and related areas, with an emphasis on landlord & tenant, particularly leasehold enfranchisement work. He is well known for his Leasehold Valuation Tribunal work and frequently appears in the Lands Tribunal, as well as in the Court of Appeal, the High Court and the County Courts
 
Stan is regularly instructed on behalf of a wide range of private and social landlords, though he frequently acts for tenants. In addition, Stan often works directly with surveyors under the Bar’s professional access arrangements
 
He is currently involved in a number of large scale residential leasehold disputes, including a major dispute in both the High Court and the Leasehold Valuation Tribunal concerning the rights and obligations of 457 flat owners at West End Quays, which forms part of the Paddington Basin Development in London W2.

Experience

Considerable advocacy experience before the Leasehold Valuation Tribunal, the Lands Tribunal and in the civil courts up to and including Court of Appeal level, including in many reported cases

Experience, in large scale landlord and tenant litigation (over 200 leaseholders), including borough wide cases acting for Local Authorities, Housing Associations and groups of leaseholders

Significant Cases

9 Cornwall Crescent London Ltd v Royal Borough of Kensington and Chelsea (CA) [2006] 1 WLR 1186, [2005] EWCA Civ 324
Leasehold enfranchisement - Validity of counter-notice

Arrowdell v Coniston Court (North) Hove Ltd [2007] RVR 39(LT)
Power of Lands Tribunal on appeal, LVT use of own experience, development value

The Arbib Conjoined  Appeals (Lands Tribunal) [2005] 3 EGLR 139
Leasehold enfranchisement - Deferment rates

Cascades and Quayside Freehold Limited v Cascades Freehold Limited (CA) [2007] EWCA Civ 1555
Leasehold enfranchisement – validity of initial notice of claim
 
Cawthorne and other v Hamdan [2007] Ch 187, [2007] EWCA Civ 6
Landlord and tenant - Leasehold enfranchisement - Landlord's counter-notice admitting right to enfranchisement and making no leaseback proposals - Subsequent leaseback notice - Whether leaseback notice valid

Gaingold Ltd and another v WHRA RTM Co Ltd [2006] 1 EGLR 81 (LT)
Landlord and tenant - Right to manage - Exclusion of non-residential parts - Lease of part for business and ancillary residential accommodation - Whether part occupied or intended to be occupied for residential purposes

Publications

Contributor, Service Charges and Management: Law & Practice 2nd edition (Sweet & Maxwell)

Consultant editor, Leasehold Valuation Tribunal Practice and Procedure 2004 (Sweet & Maxwell)

Memberships

Member, Property Bar Association
Member, Professional Negligence Bar Association

Qualifications

LLB BEc (Monash University, Australia)

Directory Quotes

'Thorough, calm and effective advocate'
Legal 500 2009

'Rated for enfranchisement'
Legal 500 2008