After a specialist property and landlord and tenant pupillage, much of Rupert’s practice remains in the areas of real property. His real property practice encompasses boundary and easement claims, adverse possession, beneficial interests, trusts of land, proprietary estoppel and restrictive covenants, as well as mortgages, LPA Receiverships and charging orders. He also has considerable experience in commercial landlord and tenant work, land options and rights of pre-emption, and has advised a number of local authorities with regard to their agreements with water and sewerage providers.
Recent work
US Mortgage Finance LLC v Dew [2017] EWCA Civ 299 (Court of Appeal)
Acting for the Appellant mortgagor in respect of an attempt by the Claimant American mortgage lender to enforce a default judgment obtained in Florida, including issues surrounding the application of a Florida statute of limitations by the Commercial Court.
Lakeside Properties Limited v Gibbs (Court of Appeal)
Acting for the Appellant in a second appeal against the refusal to compensate for unjust enrichment where the landlord of a residential long lease forfeited the lease for non-payment of minor sums and sold the property in the teeth of an application for relief from forfeiture.
BFC v RPS
Acting for a major charity in connection with a claim for damages for an inadvertent failure to convey riparian sporting rights as part of the conveyance of a country estate, raising novel issues of foreseeability and consequential loss.
Fox v Madrigal Investments Limited
Acting for the Defendant in a 3 day trial for the removal of obstructions to an easement obtained by prescription, including issues of proprietary estoppel in an easement context.
H-B v H
Acting for the grantees of a Land Option in respect of equestrian premises, granted pursuant to a Will, including determining how the construction of the underlying Will affected the proper interpretation of the valuation mechanism in the Option.
Kent v Hennessey [2017] UKUT 243 (LC)
Acting in the Upper Tribunal (Lands Chamber) for the beneficiary of a restrictive covenant limiting the intensity of development on neighbouring land in an application for the discharge of the relevant covenant under s.84 of the LPA 1925.
C v M
Acting for the freehold owners of agricultural land subject to a right of pre-emption granted pursuant to a Will, including determination of the proper valuation mechanism in accordance with the construction of the Will.
Crete Investments v White
Acting for the absentee owners of a farm, claiming possession from their managers on the grounds that they were service occupants, including a rarely-considered claim by the managers for security of tenure under the Rent (Agriculture) Act 1976.
Broadbent v Broadbent
Emergency application to the Leeds District Registry for an order for sale of a former matrimonial home.
Re: Property in Parker St W1
Acting for commercial tenants in the construction of a break notice.
Regency Mines Ltd v Margolis
Succeeding at trial in a claim for a declaration that a commercial lease had been inadvertently surrendered by operation of law, when the landlord had carried out works of repair which extended beyond the scope of that which had been authorised by the tenant.
Glasslake Ltd v Riley
Appearing in the Chancery Division to enforce a restrictive covenant limiting the use of neighbouring mixed commercial and residential property in east London, including bringing committal proceedings for breaches of interim undertakings.
Da Rocha-Afodu v Mortgage Express Ltd [2014] EWCA Civ 454 (Court of Appeal).
Acting for mortgagee in possession in a claim by a mortgagor for conversion of chattels following disposal of mortgagor’s uncollected possessions. The leading case on the duties of mortgagees in possession as involuntary bailees.
McGahon v Crest Nicholson [2010] EWCA 842 (Court of Appeal)
On the question of whether a land contract can be validly rescinded after the right to do so has arisen but the default giving rise to the right has already been cured.
Strategic Property v O’Se [2009] EWHC 3512 (Ch)
On the question of whether an intermediary’s damages for a buyer’s failure to complete can include damages arising from the intermediary’s own consequential non-completion of a related head contract in a back-to-back sale.
Ashtenne (AIF) Ltd v O’Neill [2006] EWHC 2884 (Ch)
Acting for the Claimant property fund in respect of a claim for trespass by the owner of plant and machinery at factory premises, including a substantial dispute as to the cost of removal.
Banerji v Devi [2005] Ch (Laddie J)
Acting for family members in a contested claim under the Trusts of Land and Appointment of Trustees Act 1996 in respect of a multi-million pound property portfolio.