Year of call 1997
Timothy Polli KC specialises in property law and the associated professional negligence, commercial and company law issues that frequently arise in the context of property law disputes. In 2020, he was shortlisted for “Real Estate Silk of the Year” at the Chambers Bar Awards.
Tim’s experience is broad and encompasses most aspects of real property and land registration, mortgages and banking, both commercial and residential landlord and tenant, trusts of land and proprietary estoppel.
He has used that experience to develop a particular specialism in the more esoteric and technical areas of property law, calling on his detailed and comprehensive knowledge of land registration, restrictive covenants; overage; rights of way and drainage, rights of light and party walls to solve challenging disputes relating to the development of and defective securities over land.
In recent years, he has also been called upon in disputes connected with the fire safety of tall buildings and the issues that arise when urgent fire-safety works are required, for example the replacement of combustible cladding (including ACM cladding) and/or restoration of compromised fire-compartmentation.
Tim’s experience of the law of restitution and unjust enrichment is amply evidenced by Menelaou in the Supreme Court. But he brings the same innovative edge to all aspects of his commercial practice, in particular partnership and joint venture disputes, especially in the context of property development, and claims for the recovery of misappropriated monies.
Tim is regularly instructed to make applications for emergency injunctive relief (including freezing injunctions).
Tim combines an analytical style with a ‘can do’ approach to problem solving and a common-sense awareness of the commercial realities underpinning any litigation. He is familiar with the requirements of working with a team of solicitors and/or Counsel and is usually available out of regular office hours.
Landlord and tenant including dilapidations claims; break clauses; lease renewals; forfeiture and applications for relief; disputes arising out of requests for licence to assign or alter; disputes arising out of the insolvency of landlord or tenant; service charge disputes (for example, Heron Maple House Ltd v Central Estates Ltd  1 EGLR 35); RTM and enfranchisement; agricultural and farm business tenancies.
Real property disputes concerning boundaries and adverse possession (for example, Beech v Kennerley  EWCA Civ 158); easements, particularly of way and drainage; restrictive covenants and the variation of restrictive covenants; party walls and rights of light; security interests in land (see Banking and Mortgages, below); land registration and rectification (see Dhillon v Barclays Bank plc and The Chief Land Registrar  EWHC 475 (Ch); equitable interests in land (see Proprietary Estoppel and Banking and Mortgages, below); the priority of competing interests in land (see, for example, Bank of Cyprus v Menelaou  EWHC 2656 (Ch)).
Banking and mortgages, in particular instances of mortgage fraud (for example, Credit & Mercantile plc v Kaymuu Ltd & others  EWCA Civ 655; UCB Home Loans Corporation v Grace & Co (2010) LTL 15/12/2010 (Ch) and  EWHC 851) or defective security, subrogation (for example Menelaou v Bank of Cyprus  UKSC 66;  AC 176 and  EWHC 2656 (Ch)), claims to and the enforcement of equitable security rights (see, again, Menelaou especially at  EWHC 2656 (Ch)); LPA and fixed charge receivers; disputes over the priority of securities (for example, Strata Residential v Nat West Bank plc (2013, Unreported, Manchester District Registry) and Menelaou at  EWHC 2656 (Ch)); the enforcement of guarantees; the mis-selling of financial products, particularly contracts for differences.
Claims for equitable interests pursuant to constructive trusts or proprietary estoppel (for example, Credit & Mercantile plc v Kaymuu Ltd & others  EWHC 1746 (Ch); Wombwell v James (2014, Unreported, CLCC).
Contracts for the sale of land; construction of such contracts; failure to complete, the forfeiture of deposits and/or specific performance; the recovery of deposits pursuant to s. 49 Law of Property Act 1925; misrepresentations in pre-contractual enquiries; unpaid vendor’s liens (see, again, Menelaou  EWHC 2656 (Ch)).
Property-related professional liability, particularly that of valuers and solicitors (for example Menelaou v Bank of Cyprus v Boulter & Co  EWCA Civ 1960); lender claims for breach of trust (for example, UCB Home Loans Corporation v Grace & Co (2010) LTL 15/12/2010 (Ch) and  EWHC 851).
Commercial contract disputes including disputes concerning development agreements and joint-ventures; unjust enrichment claims for restitutionary remedies (see, again, Menelaou, particularly in the Court of Appeal ( 1 WLR 854) and Supreme Court  AC 176); construction disputes; disputes relating to franchise agreements; actions to recover misappropriated monies (for example, Bashir v Bashir  EWHC 1043 (Ch)) and to claim the proceeds of fraud; claims for misrepresentation; recission for mistake; applications for emergency injunctive relief (for example, UCB Homes Loans Corporation v Grace  EWHC 851 (Ch)).