Property & Real Estate Barristers
Michael Walsh
Year of call 2006
Instructing Michael
For further information or to instruct Michael please contact one of our following clerks:
Billy Forecast
Practice Managers
Arin Kalayci
Practice Managers
“Easy to work with and commercially minded.” “He has developed particular skills in complex possession claims and protesters and he is user-friendly.”
Chambers UK 2020
“A robust advocate, user-friendly and extremely helpful.”
Legal 500 2020 (Property Litigation)
“Commercially minded and great in his dealings with clients – he’s very personable and good at putting people at ease.”
Chambers UK 2019
“Easy to work with and gets straight to the point.”
Chambers UK 2019
“Clear-thinking, responsive, personable and efficient. He offers practical advice and he is good on his feet.”
Chambers UK 2018
“He is bright and quick-thinking, and a pleasure to work with.”
Legal 500 2017
“He rose to the challenge at short notice and got a fantastic result for our client.”
Chambers UK 2017
“A very confident advocate and always fully prepared.”
Legal 500 2016
- Junior Counsel to the Crown – B Panel (2006)
- Megarry’s Manual of the Law of Real Property, 9th Edition
- LLB (Hons), King’s College London
- Chancery Bar Association
- Property Bar Association
The Chambers Bar Guide 2020 describes Michael as “easy to work with and commercially minded.” Previous editions have described him as “great in his dealings with clients”, “clear-thinking, responsive, personable and efficient” and “a very confident advocate and always fully prepared.”
Legal 500 2020 describes Michael as “A robust advocate, user-friendly and extremely helpful.”
Michael’s expertise encompasses all aspects of the law of property, commercial and chancery work. He also advises and acts in litigation in connection with the professional liability of property professionals. Recent work includes acting for the claimant against a firm of solicitors for negligent advice in connection with a development project, where the loss suffered was in excess of £40million.
He has gained a wealth of experience advising clients on a range of issues in large residential, commercial and mixed-use developments. Recent work includes advising on a multi-million-pound dispute arising out of completion of the sale of a large residential block in the Battersea Nine-Elms development.
Michael frequently advises in difficult mortgage and security related disputes where the lender is seeking to enforce either by itself or through receivers. Recent work includes acting for the appellant in the leading decision on the powers of receivers in mortgagor occupied properties: Menon & Menon v Pask & Goode [2020] 2 W.L.R. 43.
He has significant experience of commercial and contractual disputes across a variety of sectors, including financial services, leisure, hospitality and industry.
Michael has extensive experience advising both landlords and tenants in disputes under the Pubs Code 2016.
Chambers UK Bar Guide 2020 praises Michael’s extensive experience and track record of success in seeking urgent injunctions and possession orders where land is being occupied by protesters or other trespassers, saying “He has developed particular skills in complex possession claims and protesters and he is user-friendly.”
In a real property context Michael regularly advises developers of land in relation to restrictive covenants, easements, land registration, securities and matters relating to mixed-use developments. He has advised developers both before and after acquisition of land on the enforceability of anti-competitive restrictive covenants.
In 2016 Michael was appointed Junior Counsel to the Crown on the Attorney General’s B Panel of Counsel. Accordingly, he is instructed by the Government in difficult and complex cases in property related work. Recent work includes advising on the construction of an overage agreement in respect of land formerly owned by a government department.
Developers and other non-lawyers may instruct Michael under the Bar’s direct public access scheme.
He is also a visiting lecturer in the law of property at King’s College London.
Areas of expertise
Michael regularly appears before the High Court, Upper Tribunal (Lands Chamber), County Courts and in the First Tier Tribunal (Property Chamber) in interim applications (including interlocutory injunctions) and trials.
He has extensive experience in the following areas of real property litigation and advice:
- Alteration and rectification of the Land Register
- Boundary disputes
- Claims of proprietary estoppel
- Easements
- Freehold covenants
- Long user and claims of adverse possession
- Mortgage litigation
- Priority of interests
- Subrogation
- Trusts of land and co-ownership
- Unregistered land
Michael has acted in many cases involving allegations of dishonesty, forgery and fraud, both in property and commercial matters. He has particular expertise in mortgage fraud and commercial transactions involving disputed documents and dishonesty.
Michael has extensive experience of commercial disputes including agency, the supply of goods and services, the construction of contractual terms and agreements, sale and purchase of shares and guarantees and indemnities.
Michael has acted for clients in a wide range of company and partnership disputes, including shareholder disputes, the duties of directors, matters relating to the constitution of companies and corporate insolvency.
Michael specialises in property matters relating to the agricultural sector and frequently acts in cases involving farm business tenancies, agricultural holdings and securities over agricultural businesses.
He has extensive experience of commercial leasehold matters, enfranchisement, service charge and long-lease disputes. Michael’s experience in residential and commercial landlord and tenant matters includes:
- Claims under the Landlord and Tenant Act 1987
- Dilapidations
- Disputes relating to Rent Act tenancies
- Enfranchisement and lease extension
- Lease renewals under the Landlord and Tenant Act 1954
- Management and service charge disputes
- Nuisance and other property related torts
- Possession and forfeiture of residential and commercial leases
- Tenancy deposit scheme litigation
Michael acts for both claimants and defendants on a wide range of professional liability actions, specifically in relation to solicitors, valuers and other property professionals. He is frequently instructed by some of the UK’s largest professional indemnity insurers to advise and represent their insured clients.
Notable Cases
- Menon & Menon v Pask & Goode [2020] 2 W.L.R. 43. Michael appeared for the mortgagor in this landmark decision of the High Court on the powers of fixed charge receivers. Michael successfully argued:
- Receivers cannot sue a mortgagor occupying the mortgaged property in the mortgagor’s own name, acting as their deemed agent; proceedings must be titled in the name of the receivers; and
- Section 36 of the Administration of Justice Act 1970 applies where a receiver is recovering possession from a mortgagor in occupation of the mortgaged property.
- Oung Lin Chaun-Hui & Others v K Group Holdings Inc & Others [2019] UKUT 0371 (LC) Michael acted for the successful Respondent on this appeal against the First-tier Tribunal’s decision concerning a multi-million-pound dispute over service charge arrears at a property on Park Lane in London.
This case answers some important questions concerning the meaning of service charges and the powers of managers appointed by the First-tier Tribunal under the powers in the Landlord and Tenant Act 1987.
Dismissing the appeal, the Upper Tribunal held:
- Payments to a Tribunal appointed manager by tenants are service charges within the meaning of the Landlord and Tenant Act 1985 and are not payments in a self-contained regime under the 1987 Act;
- The assignment by the manager to the new maintenance trustee of the debts of the lessees that accrued during the manager’s appointment was not void but was unnecessary because those debts automatically vest into the person entitled to receive payment of the service charge at the end of the manager’s appointment.
- Trustees of GOLR Foundation v CLPD SC South Limited [2018] CLCC Michael acted for the Claimants in this complex litigation involving interference with rights of way, trespass, party walls and boundaries by a neighbouring developer. Following a five-day trial involving multiple experts and witnesses of fact, the Claimants were successful in their claim for negotiating basis damages and a declaration as to the location of the boundary between the properties. Permission to appeal the quantum of damages was granted by the High Court but the case settled shortly before the appeal was heard.
- Francia Properties Limited v St James House Freehold Limited [2018] UKUT 79 LC Michael acted for the landlord in this case concerning development value of a roof top of a building that was subject to a claim for collective enfranchisement. The decision of the Upper Tribunal provides guidance on what information the FTT may take into account after the valuation date. The case is currently subject to an appeal to the Court of Appeal, which is due to be heard in 2019. The issue on the appeal is an important principle concerning the powers and procedure of the Upper Tribunal when hearing a first appeal from the First-tier Tribunal.
- Sheikh Mohammed Al Amoudi v Glenside Holdings Limited REF/2017/0044 This important case is the only reasoned decision of the First-tier Tribunal (Property Chamber) Land Registration Division on whether a successful party can recover the costs incurred before the reference by the Chief Land Registrar to the FTT. Michael successfully acted for the Applicant, who argued that the Respondent was not entitled to recover the significant costs they had incurred before the reference because such an outcome ran contrary to the statutory framework and the intention of Parliament. The decision of Judge Elizabeth Cooke can be downloaded here.
- Green Boiler Investments Limited & Mi-Generation Limited v Lakeview Country Club Limited [2016] EWHC (QB) Michael acted for the Defendant in a commercial dispute concerning an alleged contract for the supply of biomass boilers and fuel. The case involved issues of agency, authority, mistake, rectification and dishonesty.
- Beasley Global Limited & Other v Persons Unknown [2017] EWHC (Ch) Michael successfully obtained an order for possession of a valuable property Westminster containing art works of historical significance, which was being occupied by a group calling themselves 'Autonomous Nation of Anarchists Libertarians'. Unusually, the orders for abridged time for service and possession were obtained on the same day.
- Francia Properties Limited v Aristou & Others [2017] L. & T.R. 5 In this important case, which concerned the competing rights of landlords and Right to Manage ("RTM") companies, Michael acted for the successful landlord. The landlord intends to develop the roof of the building by adding an additional flat but the RTM company objected on the basis that such a development would interfere with its management functions under Part II, Chapter I of the Commonhold and Leasehold Reform Act 2002.
The Court found that the landlord was entitled to carry out the development and that the 2002 Act did not prevent a landlord building on its retained property where a RTM company had acquired the right to manage, provided it took steps to minimise the disturbance to the RTM company’s management functions.
The Respondents withdrew the appeal before the matter was heard by the Court of Appeal.
- BHS (In Administration) v Persons Unknown [2016] EWHC (Ch) Michael successfully obtained an urgent possession order on behalf of BHS (In Administration) in respect of a large former store, which was being occupied by various groups, including protesters and vulnerable persons.
- RMC LH Co. Ltd & Another v Persons Unknown [2015] 4274 (Ch) Michael successfully obtained an urgent possession order in the High Court against protesters from the Occupy London movement, who were trespassing in a prominent Grade II listed building in the City of London.
- LB Southwark v Victoria Clarke [2015] UKUT Michael successfully acted for the LB of Southwark in relation to an appeal to the Upper Tribunal concerning the liability of the assignee of a lease to pay service charges. The decision applies the guidance given by the Upper Tribunal in LB of Southwark v Woelke [2014] L & TR 9 (in which Michael also acted) on the interpretation of leases and considers the effect of the Landlord and Tenant (Covenants) Act 1995. The Upper Tribunal overturned the First-tier Tribunal's decision and ordered the assignee to pay the service charges demanded.
- Community Housing Trust v Mousunmola Akintomide [2015] CC Successfully acted for the Claimant in this high profile possession action against a tenant who assumed the identity of a dead child in the early 1990s and obtained the tenancy of a property in Lambeth, as well as claiming in excess of £100,000 of benefits over a 20 year period. The sustained and large-scale fraud by the tenant made this a case of significant importance for the housing trust, which has a waiting list of over 20,000 people. CHT sought possession on a rarely used ground that the tenant made a false statement to obtain the tenancy. The size and length of the fraud and the fact that the tenant was defending the action attracted the attention of BBC documentary makers.
- Morgan v Trivedi [2014] CLCC (Ch) Successfully acted for the Defendant freehold owner in a claim concerning a large rectory in Cornwall, where the Claimant claimed various easements over the Defendant's land and rectification of his lease.
- Alpha Estates (Essex) Limited v Singh & Kaur [2014] CLCC Successfully acted for the Claimant in a multi-million pound dispute concerning the contract for the sale of commercial land. Involved a claim for specific performance and issues of validity of contracts for illegality.
- Lucas v Fleck [2014] CLCC (Ch) Successfully acted for the Claimant in an agricultural dispute concerning an alleged option to re-purchase land, proprietary estoppel and constructive trusts.
- London Borough of Southwark v Woelke [2014] L & TR 9; [2013] UKUT 349 (LC) Instructed on behalf of the Appellant and led by Philip Rainey QC on an appeal against the LVT's construction of a lease.
- Westland (Antiques) Limited v The Mark Street Depository Limited [2013] CLCC (Chancery List) Lease renewal under the Landlord and Tenant Act 1954 where the issues in dispute concerned rental valuation, the extent of the landlord's repairing obligation and the inclusion of a break clause.
- UCB Home Loans Corporation Limited v Howell & Clarke [2013] CLCC (Chancery List) Instructed on a lengthy trial on behalf of the Claimant where there were allegations of undue influence and matters relating to priority of interests.