Carl Fain

Profile

Carl is listed as a leading junior for Property Litigation in the Legal 500 2010 and 2011.

Carl’s practice covers both commercial and residential property work and commercial law for business people and companies ranging from small private entities to major corporates.  As a former Management Consultant, solicitors and companies alike appreciate the commercial eye that he brings to his legal practice. 

Carl has acted for:

Property:  private individuals, Banks, Registered Social Landlords, Local Authorities, Developers, Attorney General, Attorney General to the Prince of Wales and the Duchy of Cornwall and the Duchy of Lancaster.

Business & Commercial: private individuals, small businesses, mid-size companies and large companies such as O2, Pace Petroleum and Thomson’s Directories.

Experience

Property

Landlord and Tenant:

Commercial and residential. Work includes general landlord and tenant, service charge disputes, leasehold enfranchisement and business tenancy renewals. Work also includes Housing and Anti-Social Behaviour.

Chancery work in relation to real property disputes, including co-ownership, easements, restrictive covenants and boundary disputes.

Business & Commercial

Carl has built strong experience in the County Court, and has appeared, on a number of occasions, in the High Court, as well as in the Court of Appeal.

Advocacy and Drafting at all levels including for a claim in excess of £1 million. Carl has experience of representing clients at mediations.

Significant Cases

Tunstill v Primrose Mansions Ltd [2011] UKUT 268 (LC)
An appeal concerning construction of the service charge provisions of the lease. The President held the services of a night porter were not recoverable through the service charges. Carl acted for the Landlord.

Barnard & Barnard v Zarbarfi [2010] EWHC 3256 (Ch) 
The judge found that there were special circumstances to justify a deposit of 15% on the sale of land at a price of £5.25m and that the vendors had not failed to mitigate their loss by re-selling the property at £4.505m. Carl acted for the purchaser.  

The New Northumbria Hotel Limited v Maymask (148) LLP [2010] EWHC 1273 (Ch)
The case concerned the forfeiture of hotel premises in Newcastle, in which the landlord re-entered in the middle of the night and used the operating company's chattels so as to run the hotel. The judge refused an interim injunction for the return of all the chattels, but ordered the return of stationery and ordered an inquiry into the use of consumables. Further the judge ordered access to the cash tills, failing which there would be a delivery up. Carl acted for The New Northumbria Hotel Limited and was led by Philip Rainey QC  

Idealview Ltd v Bello [2010] 1E.G.L.R 39
On appeal, the High Court upheld the decision that the landlord was entitled to trigger a rent review 13 years after the rent review date and could forfeit the lease for non payment of increased rent which backdated 13 years. The judge held that there was no prejudice to the tenant and that mere delay however lengthy was not enough. It is the longest reported delay of a rent review. Carl acted for the landlord. 

FSA v Martin & Adrian Sam & Co [2006] 2 BCLC 193 CA
Construction of the transition provisions in respect of s.380(2) Financial Services and Markets Act 2000 and upheld the judge’s decision that the firm should also be liable for the actions of its partner although the other partner was not knowingly concerned.

FSA v Martin & Adrian Sam & Co [2005] 1 BCLC 495 (High Court – Chancery Division)
Where it had been found that an individual had contravened the Financial Services Act 1986 s.3 and that his former solicitors had been knowingly concerned in that contravention, the Court had the power to make an order against the solicitors under Financial Services and Markets Act 2000 s.380(2) even though they were not the actual contraveners.

Publications

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

Co-editor, Service Charges and Management: Law and Practice 1st edition 2006 (Sweet & Maxwell)

Memberships

Member, Property Bar Association

Member, Chancery Bar Association

Member, Bar Pro Bono Unit

Qualifications

MA (Oxon), (The Queen’s College, Oxford)

Bar Vocational Course; Very Competent

Awarded: Sir Issac Wolfson Scholarship (Lincoln’s Inn), Thomas More Bursary (Lincoln’s Inn) and Hardwicke Entrance Scholarship (Lincoln’s Inn).

Directory Quotes

Carl is listed as a leading junior for property litigation in  Legal 500 2010 & 2011"