John de Waal

Call:1992

Introduction and Contact details

John specialises in chancery and commercial law with a particular focus on property law and property-related professional negligence cases. He is regularly instructed in complex property-related litigation matters in the Chancery Division and Court of Appeal. He has also appeared in the House of Lords.

John’s professional negligence practice is national in scope. He acts largely, but not exclusively, for defendants. He is instructed by most of the solicitor’s professional indemnity insurers and their panel firms.

John particularly enjoys working as a mediator and has acted as lead mediator in over 50 cases.

DDI: 020 7691 0104
Mob: 07540 900070
Tel: 020 7242 2523 [switchboard]
Fax: 020 7691 1234
E-mail: john.dewaal@hardwicke.co.uk

PROPERTY AND PRIVATE CLIENT

Property law is at the heart of John’s practice. He regularly acts and advises on cases involving applications for specific performance or rescission of contracts, options, covenants, easements, mortgages and charges and the beneficial ownership of land.

John is experienced in both commercial and agricultural landlord and tenant work. He is also familiar with residential leasehold disputes through his experience sitting as a part-time lawyer chair of the Midlands Rent Assessment Panel.

John appears regularly in the Chancery Division and Court of Appeal on property matters. In 2007 he was instructed by a property developer in an appeal to the House of Lords in the economic torts case reported under OBG v Allan.

Land & Real Property

John regularly acts and advises on cases involving applications for specific performance or rescission of contracts, options, covenants, easements, mortgages and charges and the beneficial ownership of land.

Examples of recent work

• Acting for the claimant in a Chancery Division case where the issue was whether it would be oppressive to the defendant to order the demolition of a car showroom built over a right of way.
• Acting for the defendant in the Court of Appeal where the issue is whether a landlord of commercial premises is liable in the tort of nuisance for his tenant’s activities.
• Acting for the defendant in a claim for rescission of a contract for sale of petrol station on the grounds of misrepresentation.

Cases

• Salvage Wharf Ltd v G&S Brough Ltd [2009] EWCA Civ 21; [2009] 2 P.& C.R. 13, Court of Appeal: rights to light; interpretation of oversailing agreement
• Turner v Pryce [2008] 1 P. & C.R. DG19: restrictive covenants; development; building schemes; change in character of the area; acquiescence
• Mainstream Properties Ltd v Young (reported under the name of OBG v Allan) [2007] UKHL 21; [2008] 1 AC 1, House of Lords: tort of interference with contractual relations; intent
• Sainsbury’s Supermarkets Ltd v Olympia Homes Ltd [2005] EWHC 1235 (ch); [2006] 1 P.& C.R. 17: equitable interests in land; land registration; failure to register option; rectification
• Newell v Tarrant [2004] EWHC 777 (Ch); [2004] PLSCS 93: land registration; caution; undertakings; deeds as security

• Clinicare v Orchard Homes & Development Ltd [2004] EWHC 1694 (QB); [2004] PLSCS 176: agreement for lease; fraudulent misrepresentation; inducement

Landlord & Tenant  - Commercial

John is experienced in both commercial and agricultural landlord and tenant work including dilapidations claim. He is also familiar with residential leasehold disputes through his experience sitting as a part-time lawyer chair of the Midlands Rent Assessment Panel

Examples of recent work

• Acting for the landlord on a lease renewal of retail premises.
• Acting for a major brewer on the forfeiture of a lease of licensed premises where the tenant claimed damages for pre-contractual misrepresentation.
• Acting for a large property company on a dilapidations claim where the issue is diminution in value following the failure of the outgoing tenant to reinstate premises converted to an ice rink.

Cases

• Manton Securities v Nazam [2008] EWCA Civ 805; [2008] 2 P.& C.R. DG19, Court of Appeal: business premises; equitable tenancies; tenancy at will.

Landlord & Tenant - Residential

John has been sitting as a part-time chair of the Midlands Rent Assessment Panel since appointment in 2001. He is experienced in all areas of work which come before the LVT including leasehold enfranchisement, service charge disputes and right to manage applications. John is able to appear in cases in the London and Southern regions.

Trusts of Land

John is very familiar with the law relating to beneficial ownership of land and has acted in many cases involving arguments about constructive and resulting trusts.

Examples of recent work

• Acting for the defendant in a Chancery Division case where the allegation is a failure to retransfer properties purchased at an undervalue from the claimant under a disputed agreement.
• Acting for the claimant in connection with the division of a £2m residential property portfolio where the defendant trustee was in breach of fiduciary duty.
• Acting for the insurers of a firm of solicitors when the claimant alleged that her beneficial interest in property was not protected by a declaration of trust; the claim failed because the claimant could not establish an intention that she and her cohabitee intended to share ownership of the property.

Cases

• Lightfoot v Lightfoot-Brown [2005] 2 P.&C.R. 22, Court of Appeal: beneficial ownership of property; constructive trusts

INSURANCE

Professional indemnity work is a core area of John’s practice. He has acted for most of the principal professional indemnity insurers and their panel firms.

Professional Indemnity

John has particular expertise in property-related professional negligence disputes where the defendants are solicitors, barristers or surveyors. He has been instructed by most of the principal professional indemnity insurers and their panel firms. He is frequently asked to advise and draft Protocol letters at the pre-action stage.

John has a specific interest in fraud, misrepresentation and coverage issues.

Examples of Recent Work

• Acting for defendant insurers where there was a loan of £830,000 against a defective security; the claim by the lender against solicitors will test the current law on contributory negligence in high LTV claims.
• Acting for defendant insurers for managing agents sued for failing to organise repairs to a new-build block of flats causing loss to the buy-to-let purchasers; the issues will be liability for repair/renewal and liability for economic loss.
• Acting for defendant insurers where the allegation was that two partners in a firm of solicitors had colluded in a £2m mortgage fraud when acting for both buyer and seller.
• Acting for defendant insurers where the claimants were seeking to recover all losses sustained as a result of a solicitor’s failure to advise on a purchase of land; the defendant’s position was that this was an ‘information’ not an ‘advice’ cases and that the solicitors should not be liable for all of the foreseeable losses. The case settled satisfactorily at mediation.