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Called 1992
Silk 2015
Janet undertakes litigation, arbitration and advisory work in all aspects of real property and landlord and tenant law. She has been instructed in a number of the most high value and high profile development disputes of the last 5 years. Recent court cases have focused on the award of restitutionary damages for trespass, insolvency, professional negligence and rent review. A full list of reported cases is set out below.
Education
Downing College, Cambridge University: MA (1st Class Hons).
Elected Scholar, Harris Scholar and Senior Harris Scholar.
Hertford College, Oxford University: BCL (1st Class Hons).
British Academy State Scholarship.
Professional
Called 1992, Lincoln’s Inn.
Inns of Court Studentship.
Denning Major Scholarship, Wolfson Scholarship, Hardwicke Scholarship.
Bar Council Working Party on the Future of Tribunals, 2000/2001.
Blundell Lecture 2007, “Forfeiture – A Long Overdue Reform?”
Appointed to sit as a Recorder in the Crown Court, 2009
MCIArb, CIArb Diploma in Domestic Arbitration
Recent Cases
Dorchester Project Management Ltd v. BNP Paribas Real Estate Advisory & Property Management UK Ltd (1) and Landprop Holding BV (2) [2014]. For Landprop (with Sa’ad Hossain QC), a vehicle of Inter IKEA’s property division, defending a £750 million claim arising from the Second Defendant’s acquisition and subsequent plans for mixed use development of substantial land in Stratford, London (Sugar House Lane). A factually and legally complex case involving issues of duties of confidence, planning, development valuation, measure of damages (loss of chance, loss of profits, accounts and Wrotham Park basis), expert evidence of valuation, planning and development finance. Settled part way through a 3 week Chancery Division trial.
Manchester Ship Canal Company Ltd v United Utilities Plc. Janet was responsible for property law issues as part of MSCC’s team from 2009 onwards. Judgment was given in the Supreme Court in July 2014 on a summary judgment application regarding the rights of sewerage undertakers to discharge into private watercourses under the Water Industry Act 1991.
Stadium Capital Holdings (No 2) Ltd v St Marylebone Property Company Plc (2010) CA (Civ Div) and (2011) (Ch Div): Janet represented the successful Appellant in the Court of Appeal and the successful Defendant at the subsequent assessment of damages trial in the Chancery Division. The case concerned the appropriate basis for the assessment of damages for trespass, whether restitutionary or compensatory, and the correct approach to the assessment of damages on a hypothetical negotiation basis.
Sunberry Properties Ltd v Innovate Logistics Ltd (in administration) [2009] BCC 164, [2009] 1 BCLC 145 (CA). Application for permission under para 43(6) Sched B1 Insolvency Act 1986 to bring proceedings for a mandatory injunction.
Publications
Lewison’s Drafting Business Leases, author. (7th ed, 2007), (8th ed, 2013)
Registered Land: Law and Practice under the Land Registration Act 2002_, co-author.
Fisher and Lightwood’s Law of Mortgage (11th ed), contributor.
Contact
Please contact Steve Francis the Senior Clerk's office at Falcon Chambers on 020 7353 2484 or use the form below. Please note that we are not able to respond to general questions and enquiries, which should initially be directed to either a Solicitor or Building Surveyor. This contact form should be used for genuine enquiries for appointing Falcon Chambers only.