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Monty
Palfrey

'A charming opponent, who is very sharp.' - Chambers UK, 2015

Year of call: 1985

Introduction

Monty Palfrey was called to the Bar in 1985 and has established and successful "Court based" property law practice. He specialises in the full ambit of commercial and residential landlord and tenant matters, service charges, social housing, enfranchisement, mortgages (regulated and un-regulated), easements, boundaries, adverse possession, party wall disputes, proprietary estoppel, co-ownership, title disputes, trusts for sale, and professional negligence claims and insolvency relating to these areas.  In addition to being in Court, Monty is regularly involved in advising and appearing in cases before the LVT, the Rent Assessment Panel, Land Registry Adjudications and the Lands Tribunal.  He has extensive experience as an advocate in mediations.

Monty is recognised in the current editions of independent legal directories The Legal 500 and Chambers UK.

Monty’s practice is supported by a large and varied lay client base comprising companies, financial institutions, housing associations, trust funds, surveyors, and private individuals.  A significant part of his practice is repeat work.  He has a solid track record of establishing long term client relationships and his high level of accessibility and responsiveness have made him many of his clients’ barrister of choice. Clients also appreciate his attention to the individual and his ability to develop a good working relationship, retain a commercial perspective over the dispute and often achieve a successful outcome at an early stage in the litigation.

Examples of the type of property disputes in which Monty has recently been involved include:

Landlord & Tenant

A possession claim for based upon rent arrears in excess of £1m on behalf of a landlord. The case involved allegations of forgery and false presentation against his client.

Acting for leading chain of estate agents in a four day trial in respect of unauthorised alterations to its offices which revealed significant structural defects that the landlord sought to hold his client responsible for.

A two day trial concerning the right to succeed to a Rent Act tenancy by a “wife” who initially disputed her husband’s death which dealt with issues of the validity before the English Courts of an “Shari’a” marriage carried out in unregistered premises for the purposes of the Marriage Act and whether, on the facts, the parties were separated thereby precluding reliance upon the deemed spouse provision arising whether the parties are “living as husband and wife”.

Obtaining approval in the LVT in respect of a service charge in respect of a block of over 100 flat in the West End which included obtaining a separate determination against each of the tenants.

Appealing a decision to the Lands Chamber in respect of a application to vary the terms of the various leases so as to enable the landlord to redevelop the part he retained and to use the common parts.

Advising on the validity of a s.42 notice under the 1993 enfranchisement legislation and the right of a beneficial owner to serve such a notice.

Acting for a tenant in a difficult two day hearing in respect of her successful application to suspend a warrant for possession following 42 allegations of anti-social behaviour since the making of the original possession order and notwithstanding the existence of a continuing anti-social behaviour injunction.

Real Property

A three day trial concerning the right to have an oil tank on land belonging to another and supply pipes thereto and a claim in respect of damage caused by the adjoining owner to his client's property.

A heavily contested four day trial involving the right of a site owner to enforce a covenant restricting all year round occupation of residential chalets on the Isle of Wight.

Advising a leading “pub-co” in respect of unauthorised long term occupants of an adjoining car park to a public house and various other matters affecting its large portfolio.

Advising a hospital trust on the extent of a right of way over a hospital car park.

Advising and drafting in respect of case involving an unmarried couple with regard to property acquired in both England and Spain during the period of their relationship from monies said to be generated from their respective business.