Daniel Gatty

Introduction & Contact details

Daniel was called to the Bar in 1990 having previously worked in television and advertising.  Since then he has developed a substantial practice focused on property and commercial law. Daniel is recommended as a leading junior for property litigation in the Legal 500.  Chambers and Partners Guide also recommends him, reporting that Daniel 'impresses sources by "quickly building a client's trust and leaving them thrilled to bits with him"' and that 'he "does a good job in a hostile court"'. In 2008 Daniel was appointed as a Deputy Adjudicator to HM Land Registry.

Daniel is notably easy to work with. He has a pleasant, unpompous manner, and good team skills, allowing him to get on well with lay and professional clients. Daniel has contributed various articles to the Solicitors Journal and is a chapter author for Practical Civil Court Precedents (Sweet and Maxwell).

Publications

"Practical Civil Counts Precedents" Sweet and Maxwell
"Drawing the Line” (boundary disputes), Solicitors Journal 19.1.07
“Commercial Leases” (rent review), Solicitors Journal 20.5.05
“Reasonable payment” (damages measured by a contract-breaker’s profit), Solicitors Journal, 11.07.03
“He wasn’t my client” (solicitors' duties to the other side in a transaction), Solicitors Journal 20.07.01
“They think it’s all over” (a discussion of the Court of Appeal’s decision in Heaton v Axa Equity Law and Life Assurance Society), Solicitors Journal, 21.07.00

Qualifications

• Manchester University, B.A.(Econ.)Hons. in Politics and Economics
• City University, Dip. Law
• Deputy Adjudicator to HM Land Registry

 Professional Associations

• Property Bar Association (Secretary)
• Chancery Bar Association
• London Common Law

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234
Email: daniel.gatty@hardwicke.co.uk

Land & Real Property

Title and boundary disputes, rights of way and other easements, restrictive covenants and mortgage disputes (usually but not invariably acting for lenders) make up a substantial part of Daniel’s practice.  Daniel is knowledgeable about land registration issues, not least because he sits part-time as a Deputy Adjudicator to HM Land Registry.  He is familiar with the conveyancing process and has advised and litigated over numerous property transactions that have gone wrong in some way.  Leasehold enfranchisement is another area in which Daniel has a good deal of experience.  His clients range from substantial commercial organisations and public bodies to individual householders.

Recent work

• Appearing 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.  Daniel was successful.
• Successfully appealing to the Court of Appeal judgment given at a trial which the clients had conducted in person regarding trespass by connecting a neighbouring building onto the clients’ property
• Acting in a disputed leasehold enfranchisement application relating to block of flats in Oxfordshire
• Acting for major mortgage lenders in actions to preserve securities where secured leaseholds allegedly forfeited
• Acting for major mortgage lenders facing allegations that signatures to mortgages have been forged
• Acting for developer and indemnity insurers of several property owners in dispute before Adjudicator to Land Registry over whether land incorporated into various gardens part of title to local authority golf course
• Various boundary disputes and adverse possession claims
• Acting in application to Upper Tribunal (Lands Chamber) for release of restrictive covenants
• Acting in dispute over right to draw water from well
• Advising in disputes arising out of various contracts for the sale of land
• Acting for local authority facing claim for prescriptive rights of way
• Acting for housing association regarding encroachment onto its land

Cases

• Cook v The Mortgage Business and other cases [2012] EWCA Civ 17
• Franks v Chief Land Registrar  [2011] EWCA Civ 772, [2012] 1 All ER 326, [2011] 2 P & CR 13
• Seeff and Seeff v Ho and Nu [2011] PLSCS 102
• Re North East Property Buyers Litigation [2010] EWHC 2991 (Ch), [2010] All ER (D) 275 (Nov)
• Re 1 Captain's Gorse, Upper Basildon [2009] UKUT 182 (LC)
• Ayton Ltd v Popely [2005] All ER (D) 255 (Mar)

Trusts of Land

Daniel is frequently instructed by co-owners of residential, commercial or agricultural property in dispute with other co-owners, or creditors, trustees in bankruptcy or liquidators of co-owners, regarding trust of land disputes.

Recent work:

• Acting in dispute between adult siblings over house demised in father’s will
• Acting in dispute between former partners over claim to beneficial interest in property owned by one but occupied by both
• Acting in dispute between father and son over beneficial interests in former council house

Landlord & Tenant

Landlord & Tenant – residential

In the context of long residential leases, Daniel has considerable experience of service charge disputes and other issues relating to the management of blocks of flats, as well as issues around breaches of covenant and forfeiture of leases. Daniel is also familiar with the Housing and Rent Acts and disputes concerning tenancies governed by those statutes.

Recent work

• Acting for long leasehold tenants of local authority in appeal to Lands Tribunal over whether to dispense with consultation requirements in relation to service charges claimed for major works
• Advising local authority on recovery of service charges from assignees of long leases
• Acting for local authority in service charge dispute at LVT

Cases

• Family Mosaic Housing Association v Pimlico School Housing Association Ltd [2011] EWHC 3561 (Ch), [2011] All ER (D) 18 (Dec)
• LB Camden v Leaseholders of Flats on Grafton Way [2008] PLSCS 198
  Mahdi & Ors v Al-Habi [2008] EWHC 2374 (QB)
• London Borough of Southwark v O’Sullivan [2006] EWCA Civ 124, CA
• Mustafa v Ruddock [1998] 30 HLR 495, CA

Landlord and Tenant – commercial

Daniel regularly acts for landlords and tenants of commercial property, usually regarding lease renewals, rent review, dilapidations, forfeiture or refusal of consent. Vexed questions regarding the interpretation of leases frequently cross his desk.

Recent work

• Acting in disputed lease renewal proceedings concerning a petrol station leased to well-known oil company
• Acting in disputed lease renewal relating to shop lease
• Advising regarding refusal of licence to assign premises in shopping centre following pre-pack administration of well-known high street chain
• Advising local authority on rent review
• Acting in claim for breach of landlord’s repairing obligations vis-à-vis bookmakers’ premises
• Advising about office block service charge dispute
• Representing several shopkeepers in mediation over service charge dispute with their common landlord
• Acting in forfeiture proceedings regarding night club

Cases

• Brighton & Hove CC v Collinson [2004] EWCA Civ 678, [2004] 28 EG 178, CA
• Jacey Property Company Ltd v De Sousa [2003] EWCA Civ 510, [2003] PLSCS 101, CA

Commercial

Banking, finance and credit law

Daniel acts for mortgage lenders large and small(ish), usually regarding securities that are challenged e.g. due to alleged fraud and securities in peril e.g. over leaseholds facing forfeiture. He is also experienced in disputes relating to guarantees.

Recent work:

• Cook v The Mortgage Business and other cases [2012] EWCA Civ 17
• Re North East Property Buyers Litigation [2010] EWHC 2991 (Ch), [2010] All ER (D) 275 (Nov)
• Acting for major mortgage lenders in actions to preserve securities where secured leaseholds allegedly forfeited
• Acting for major mortgage lenders facing allegations that signatures to mortgages have been forged
• Acting for bank in dispute over receivership expenses

Professional Negligence

Daniel’s practice encompasses professional negligence claims against solicitors, surveyors and valuers, architects and accountants, although it is in claims against solicitors that he has most often been instructed. Daniel is frequently retained regarding professional negligence in property transactions (including acting for major mortgage lenders) which fits in well with his property litigation practice; but he is also instructed in other aspects of solicitors’ negligence such as claims arising out of litigation that has gone awry.

Daniel has both lectured and published articles about solicitors’ negligence.

Recent work:

• Acting in surveyor’s negligence claim relating to valuable residential property
• Acting for developer in claim against former solicitors’ for negligent conduct of sale of development land
• Acting for purchaser in claim against former solicitors for negligent conduct of purchase of land
• Advising architect facing allegation of negligence

Cases:

Hipperson v Hodge Jones & Allen (1998), Lawtel

Trade

Daniel's practice includes various types of business dispute, sale of goods, supply of goods and services, agency, guarantees and indemnities and franchising.

Recent work:

• Acting for a manufacturer of garden products in a claim in the Technology and Construction Court against a supplier of plastic packaging to the manufacturer
• Acting for estate agent franchisor in dispute with former franchisees
• Acting for building contractor in sale of goods dispute arising out of office block redevelopment

Cases

• Family Mosaic Housing Association v Pimlico School Housing Association Ltd [2011] EWHC 3561 (Ch), [2011] All ER (D) 18 (Dec)
• Lettings International Ltd v London Borough of Newham [2008] All ER (D) 260 (Apr), QBD (application for disclosure of commercially sensitive documents)

Partnership

Daniel has acted in many disputes following the dissolution of partnerships.

Recent work:

• Acting in dispute over Indian restaurant
• Acting in dispute over nursing home

Court of Protection

Daniel appears in the Court of Protection in disputes over the property and affairs of protected adults.

Recent work

• Representing a professional deputy in a dispute over the sale of a farm owned by a protected adult
• Representing an attorney appointed under an enduring power of attorney in a dispute as to whether the attorneyship should be terminated.