Edward Blakeney

Edward is frequently instructed in the full range of landlord and tenant matters.
His cases include regular and complex possession and disrepair matters involving private landlords, social landlords, forfeiture, mortgagees, receivers, and trespassers.
Edward also acts for both tenants and landlords in the First-Tier Tribunal on service charges, leasehold and collective enfranchisement, and Right to Manage disputes. When landlords cannot be found or fail to respond appropriately to notices under the Leasehold Reform, Housing and Urban Development Act 1993, Edward is often instructed to appear in the County Court to obtain Vesting Orders or orders for the acquisition of a new lease/ the freehold.
Edward has dealt with a number of matters concerning the Rights of First Refusal under the Landlord and Tenant Act 1987, including the validity of notices and advising on whether or not the statutory scheme has been complied with.
Edward is also instructed in respect of commercial property cases, particularly contested and uncontested business lease renewals.

Edward has a busy real property practice advising and acting for clients. He regularly deals with cases arising between neighbours and property owners, including those involving easements, covenants, boundary/ party wall disputes and nuisance (both statutory nuisance in the Criminal Courts and private nuisance in the Civil Courts).
Where the matter relates to co-ownership or trusts of land, Edward has experience with applications under TOLATA 1996 for Orders for Sale, the determination of beneficial interests and the exercise of trustees’ powers.
Edward has also been involved in a number of cases concerning property transactions, rectification/ alteration of the land register and adverse possession. He is experienced in dealing with disputes involving proprietary and promissory estoppel and allegations of misrepresentation, undue influence, unjust enrichment, unconscionable bargains and fraud.

In connection with his main areas of practice, Edward has been instructed in property-related professional negligence cases, particularly those involving solicitors.

In addition to his experience with mortgagee possession matters, Edward has dealt with a range of case relating to mortgages. These include obtaining Charging Orders and Orders for Sale in respect of property, advising on the appointment and powers of Receivers, and raising and defending against claims of undue influence.

Edward is instructed on commercial matters in his own right, including small claims and fast-track trials. He also advises on a wide range of commercial, company and contractual issues, such as the construction and interpretation of contracts, remedies for breach of contract, and remedies available to companies, directors and shareholders. His commercial work often has a property element, however Edward is experienced with purely commercial matters as well.
Edward also has significant experience being led in larger and more complex commercial disputes as part of a counsel team, and has appeared in the High Court and Supreme Court with barristers both in and out of Chambers. He has also assisted leading counsel with case and trial preparation in matters before the Courts of England and Wales and the Isle of Man.

Wells v Devani [2019] UKSC 4 Led by Andrew Butler QC, the Supreme Court ruled on the formation of oral contracts, certainty of contracts, and the effect and application of the Estate Agents Act 1979.
UCP Plc v Nectrus Ltd [2019] EWHC 1732 (Comm); [2019] EWHC 3274 (Comm) Led by Andrew Butler QC and with Andrew Legg, the High Court determined bifurcated questions on liability and quantum of loss arising out of an investment management agreement. The decision involved principles regarding the interpretation of contracts, scope of duties, and reflective loss.
As junior to Carl Fain, Edward acted in a dispute between a bank and two brothers over possession of a property, which turned on allegations of undue influence between the brothers. The brother of Carl and Edward’s client offered no evidence shortly before trial, effectively conceding the case.
Acting as junior to Daniel Dovar, Edward is currently instructed on a high-value matter concerning the purchase of a number of properties in the London property market. The case involves allegations of conspiracy to injure and professional negligence.
Kensquare Limited v Boakye LON/00BK/LSC/2019/0378 Having been instructed on short notice, Edward acted for the tenant at trial in the FTT and successfully reduced the Landlord’s claim for service and administration charges by 95%.

Areas of expertise