Forsters team supports Ministry of Defence in settlement of landmark litigation, bringing Armed Forces housing back into public ownership
17 December 2024
News
The Ministry of Defence (MOD) and Annington Homes have today announced that they have reached a major deal to bring the Armed Forces housing estate back into public ownership. MOD will re-acquire c36,000 houses from Annington Homes for a total purchase price of £5.9945bn, as well as unwinding the complex and costly set of contractual arrangements between the parties which has governed their relationship since 1996.
The transaction marks the culmination of landmark litigation between the parties concerning the scope of MOD’s enfranchisement rights. Forsters has advised MOD in relation to the enfranchisement and subsequent litigation since 2020 and the firm was also selected to handle the transactional elements of the deal, which is one of the largest property transactions in UK history. The entire Forsters team has worked immensely hard on behalf of MOD, alongside Slaughter and May who advised on the public law aspects of the litigation, to help bring matters to a successful conclusion.
The Forsters team comprised Senior Partner Natasha Rees, Real Estate Disputes Partner Julia Tobbell and Commercial Real Estate Partner Ben Brayford. They were supported by Senior Associate James Carpenter (Real Estate Disputes), Counsel Andrew McEwan, Senior Associates Alexandra Burnaby and Alex Harrison (Commercial Real Estate).
She provides insight into her career so far, as well as offers thoughts on Forsters’ recent success in acting for the MoD in defence of claims made my Annington Homes.
What are your thoughts on the case?
“This case was about whether the Government could be entitled to benefit from legislation which gives long leasehold owners the right to purchase the freehold of their homes (known as enfranchisement).
The MoD had sold off a large portfolio of military family homes to Annington Homes, a private equity funded vehicle, in 1996, and simultaneously taken a 200-year leaseback. At the time of the deal, enfranchisement rights did not apply to MoD but there had been subsequent changes in the legislation expanding the definition of a ‘qualifying tenant’.
The MoD was keen to explore whether enfranchisement might bring better value for money for the taxpayer than the current lease arrangement, and so brought a handful of test claims to gain some clarity on the legal position. However, as the legislation was not written with government tenants in mind, there were numerous factual and legal complexities in issue, many of which had never been decided before.
Much turned on whether the MoD had a business tenancy, which would have disqualified it from enfranchisement, or whether the legislation could apply to a Crown interest. Annington also sought to attack the claims on judicial review grounds, arguing that the MoD had acted with an improper purpose. We were delighted to win on all grounds.”
How has it been dealing with the media?
“As we were part of a much wider legal team (including Slaughter and May, MoD Legal Advisers and Government Legal Department, plus a large Counsel team), we took a coordinated approach to everything in the litigation. MoD’s very capable communications team has taken the lead in handling media enquiries.”
Why did you become a lawyer?
“My family used to joke that I was so argumentative I ought to become a lawyer. This was around the same time that Ally McBeal so I think the combination of the two probably sowed the seed.”
What has been your career high?
“Getting a job on qualification in the property litigation team at Herbert Smith Freehills; initially they had not posted a vacancy, so I chose transactional real estate instead, but then a space opened up at the last minute. I am a litigator at heart, so I was very lucky to get on the right path.”
What has been your career low?
“In my final seat, whilst working on an exhausting deal that had involved multiple 5am finishes, I had an operation to remove an infected wisdom tooth. When I came round from the general anaesthetic, I realised I had only been under for an hour. I was apparently inconsolable not to have caught up on more sleep!”
This article was originally published in the Law Society Gazette on 19 May 2023 and can also be read here (Page 11).
The Commercial Rent Bill: A Last Resort for Pandemic-Related Losses – Julia Tobbell writes for CoStar
13 April 2022
Views
Property Litigation Partner, Julia Tobbell, has written for CoStar News on The Commercial Rent (Coronavirus) Bill and the end of the moratorium on tenant evictions.
Whilst the Act creates a mechanism to address the issue of rent arrears accrued during the pandemic, the length and expense of the arbitration process suggests that the Government intends parties to use it only as a last resort.
Tobbell says, “Ordinarily arbitration is a private process, which is attractive to many commercial parties. However, the Act allows either party to request an oral hearing in public, and awards must be published except for limited confidential information. This could be a powerful disincentive to proceeding down this route, as tenants will have their finances laid bare in a public forum.”
The article was first published in CoStar on April 6 2022 and can be read in full behind the paywall here.
Forsters’ Property Litigation team expands with key partner hire from Herbert Smith Freehills
22 March 2022
News
Forsters, the leading London real estate law firm, announces today that Julia Tobbell has joined the firm as a Partner within its highly regarded Property Litigation practice. Julia joins from Herbert Smith Freehills (HSF).
Julia is a seasoned litigator and has a loyal base of real estate clients. Her practice is focused on advising developers and investors on high profile and complex disputes concerning trophy assets and valuable portfolios. She is an expert at taking matters to trial and has been involved in a number of major cases. Julia also has many years’ experience advising on alternatives to litigation, such as negotiation, mediation and strategic risk management.
This significant appointment will add further expertise to Forsters’ Property Litigation team, particularly in the commercial real estate arena. Julia, formerly a Senior Associate at HSF, is recognised in the leading legal directories – most recently she has been commended by The Legal 500 as a ‘Rising Star’ and, in previous editions, a ‘Next Generation Lawyer’. She has also been named by Chambers UK as an ‘Associate to Watch’: “Interviewees consider her to be a “fantastically good” associate with “superb attention to detail.”
Julia Tobbell commented: “I am absolutely thrilled to be joining Forsters’ Property Litigation team as a Partner. The practice has an outstanding reputation for delivering first-class advice to an enviable roster of clients. I am very much looking forward to contributing to its further success, and to that of the wider Commercial Real Estate practice. The firm will provide a strong platform for me to build on my previous experience working with major developers, property owners and investment funds on all aspects of commercial property disputes, up to and including significant and lengthy litigation.”
Natasha Rees, Head of Property Litigation at Forsters, commented: “We are delighted to welcome Julia to the team. Her experience and connections in the market will complement perfectly the skills and expertise that already exist within the team and provide further breadth and depth to our overall property litigation offering.”
Julia’s arrival creates a four-partner, 14-lawyer practice (a total of 18 lawyers) that provides clients with the highest levels of technical expertise and industry insight. With strong ties into the firm’s top ranked Commercial Real Estate team, Forsters’ Property Litigation is at the forefront of commercial and residential disputes and risk mitigation.
The practice is ranked highly in both Chambers UK and The Legal 500, with sources reporting: “Forsters are an extremely approachable and client-friendly property litigation practice. They combine expert knowledge of the law with an acute awareness of and sensitivity to the particular needs of their clients.”
