Philip Fellows

Introduction & Contact details

Philip joined Hardwicke in 2008 and is a member of the property, public and commercial teams. His principal areas of interest are disputes concerning social housing, residential and commercial tenancies, title to property, and commercial trusts.

Philip is married to a criminal barrister and has twin boys. His main activity when he is not working is helping to teach the Sunday School and run other youth work at his local church.

Articles

• The HM Land Registry Day List – Where real time meets Judicial power to act retrospectively (Hardwicke Property Newsletter, September 2011)
• Inns’ Ups and Downs (The Lawyer, 20 September 2010)
• The Real Hustle - Restraint Orders, Confiscation Orders and Civil Enforcement (Hardwicke Property Newsletter, March 2010)

Qualifications and Memberships

Philip's qualifications includes the following:

• MA (Hons) (Cantab) – Trinity College, Cambridge
• Lord Denning Scholarship (Lincoln’s Inn); and
• Whittacker Scholarship (Lincoln’s Inn)

Philip is a member of the following professional associations:  

• Property Bar Association;
• Social Housing Law Association; and
• London Common Law and Commercial Bar Association

Recent Reported Cases

• Franks v Bedward [2011] P & CR 13
• Trustees of Beardsley Theobalds Retirement Benefit Scheme v Yardley [2011] EWHC 1380 (QB)

T: 020 7242 2523 (Switchboard)
T: 020 7691 0041 (DDI)
F: 020 7691 1234
E: philip.fellows@hardwicke.co.uk

Property

Philip acts in all aspects of land and real property law. He takes a practical view of land law and tries to litigate claims in the commercial and personal interests of his clients.

In addition to representing both commercial and residential landlords and tenants, Philip has been involved in claims involving boundary disputes, the ownership of boundary features, trespass, easements, and restrictive covenants. He also regularly advises on the informal creation of trusts of land and estoppel based proprietary interests.

Trusts of Property and Title Disputes

Philip regularly acts in disputes concerning the proper title to property in both a domestic and a commercial context. Examples of Philip’s recent work include:

• Led by Daniel Gatty pro bono in the Court of Appeal for respondents to an appeal brought by the Chief Land Registrar concerning the powers of the High Court on appeal from the Adjudicator to HM Land Registry.
• Disputes concerning the ownership of properties following the breakdown of domestic relationships.
• Advising on the proper title to domestic property and allegations of trespass.
  Led by Paul Reed QC advising on the proper ownership of company properties.

Mortgages and Other Security

Philip has appeared in disputes concerning both mortgages and charges together with other forms of security such as guarantees. Examples of Philip’s recent work include:

• Claims concerning the enforcement of mortgages and charges, particularly in the context of mortgage fraud, undue influence, and alleged overriding interests.
• Led by Paul Reed QC and Peter Kirby in a multi-million pound mortgage fraud claim against both brokers and solicitors.
• Acting for landlords in a “director’s guarantee” claim following the insolvency of a commercial tenant.

Landlord and Tenant

Philip’s property work also includes landlord and tenant disputes under both residential and commercial leases. Examples of Philip’s recent work include:

• Claims under the Landlord and Tenant Act 1954.
• Disrepair claims including being led by Michael Wolkind QC in a multi-million pound dispute concerning defective works done under a Rent Act protected tenancy.
• Possession claims against domestic tenants under both protected and unprotected tenancies.

Social Housing

Philip advises and represents local authorities and registered social landlords as well as public-sector tenants. Philip is particularly interested in the relationship of private property rights and the public law obligations of local authorities and registered social landlords.

Philip is a member of the Social Housing Lawyers Association.

Allocations and Homelessness

Philip accepts instructions to represent both local authorities and applicants in relation to all aspects of allocations and homelessness in both the Administrative Court and county court including the following:

• homelessness appeals and allocations;
• anti-social behaviour orders and injunctions;
• possession claims (including issues of tolerated trespass, succession and disability discrimination);
• demotion claims;
• committals for breach of injunctions and undertakings
• disrepair and nuisance cases;
• claims concerning the right to buy;
• judicial review of local authority decisions; and
• unlawful eviction and harassment claims.

Discrimination

Philip has a keen interest in discrimination law and currently practises in the area insofar as it relates to social housing.

Human Rights and Civil Liberties

Human rights arguments form a central part of many different aspects of Philip’s practice. Philip has experience both of advancing and resisting arguments under the Human Rights Act 1998 and is well equipped to deal with human rights arguments in housing law.

Examples of Philip’s recent work in this area include:

• challenging the proportionality of the conduct of a RSL in commencing and continuing s 21 possession proceedings; and
• resisting the application of Article 8 to a possession claim brought by a private
• landlord in response to high rent arrears.

Judicial Review

Philip accepts instructions in relation to all aspects of judicial review and particularly the review of local authority homelessness decisions.

Public Law

Philip regularly acts for public sector clients including local authorities and registered social landlords. Philip has a particular interest in how public law interacts with traditional private law rights and obligations particularly in relation to housing matters.

Allocations and Homelessness

Philip accepts instructions to represent both local authorities and applicants in relation to all aspects of allocations and homelessness in both the Administrative Court and county court including the following:

• homelessness appeals and allocations;
• anti-social behaviour orders and injunctions;
• possession claims (including issues of tolerated trespass, succession and disability discrimination);
• demotion claims;
• committals for breach of injunctions and undertakings
• disrepair and nuisance cases;
• claims concerning the right to buy;
• judicial review of local authority decisions; and
• unlawful eviction and harassment claims.

Discrimination

Philip has a keen interest in discrimination law and currently practises in the area insofar as it relates to social housing.

Human Rights and Civil Liberties

Human rights arguments form a central part of many different aspects of Philip’s practice. Philip has experience both of advancing and resisting arguments under the Human Rights Act 1998 and is well equipped to deal with human rights arguments in housing law.

Examples of Philip’s recent work in this area include:

• challenging the proportionality of the conduct of a RSL in commencing and continuing s 21 possession proceedings; and
• resisting the application of Article 8 to a possession claim brought by a private
• landlord in response to high rent arrears.

Judicial Review

Philip accepts instructions in relation to all aspects of judicial review and particularly the review of local authority homelessness decisions.

Commercial

Commercial Contract Disputes

Philip acts in a wide variety of claims concerning commercial contracts both domestically and internationally. Examples of Philip’s recent work include:

• Led by Paul Reed QC advising on the proper construction and effect of transfers of company shares and rights over South American mining concessions.
• Led by Nigel Jones QC, advising consumers on claims against credit providers under the Consumer Credit Act 1974.
• Claims concerning domestic contracts including contracts involving consumers.

Trusts

Philip has a particular interest in disputes concerning commercial trusts and has started to develop a practice as a specialist trusts junior. Examples of Philip’s recent work include:

• Led by Paul Reed QC advising on claims under trusts of company assets in the Caribbean, together with claims alleging dishonest assistance and knowing receipt.
• Led by Paul Reed QC and Peter Kirby in a dispute concerning funds held on trust for commercial lenders by their solicitors.
• Led by Cherie Booth QC advising on trusts claims by individuals in Hong Kong following the collapse of Lehman Brothers.

Insolvency

Philip also advises and appears in disputes arising out of both personal and corporate insolvency. Examples of Philip’s recent work include:

• A claim concerning the position of commercial guarantors under the Companies Acts 1985 and 2006 following the insolvency of their principal.
• Bankruptcy claims against individuals.
• Claims concerning the validity of clauses governing the distribution of rights and obligations upon insolvency.

Professional Negligence

Philip regularly acts in claims involving allegations of negligence against professionals including solicitors, brokers, and construction professionals. Examples of Philip’s recent work include:

• Advising insurers on solicitors’ negligence claims in various areas including drafting wills, conveying property, and advice on domestic disputes.
• Acting for commercial lenders in high value negligence claims against their former brokers and solicitors.
• Acting in claims against construction professionals for failure properly to design or execute works.