Continued recognition for Forsters in Spear’s Property Index 2025
20 March 2025
News
Lawyers in our Real Estate practice have been recognised once again in Spear’s Property Index 2025. This year includes two new additions to the rankings: Senior Partner, Natasha Rees, for her extensive expertise in ‘handling contentious leasehold enfranchisement cases and high-stakes property matters’ and Senior Associate, Poornima Andrews, for her ability to deliver ‘successful outcomes even in the most challenging circumstances’.
The Index features the industry leaders advising private clients on prime property. With more lawyers listed than any other firm, the Index is testament to our investment in curating a team of residential property specialists with the ability to advise clients on all of the legal particularities and peculiarities they face on their property journey.
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).
ERMAs 2024: Forsters win Solicitors Firm of the Year
12 July 2024
News
The ERMAs is a celebration of the professionals working in the leasehold enfranchisement and right to manage sector.
Enfranchisement is a specialist area of law, and Forsters has been dedicated to developing a team with the ability to advise on all aspects of the regime, from lease extensions to the most complex collective enfranchisements.
Being awarded ‘Solicitors Firm of the Year’ is a testament not only to the team’s commitment to their clients, but for remaining at the forefront of change in this sector which has recently seen the passing of the Leasehold and Freehold Reform Act 2024.
“We have an excellent enfranchisement team at Forsters who all share a passion and commitment to enfranchisement and who are involved in some of the most complex enfranchisement cases in the UK. The ERMAs is a special date in the diary for all enfranchisement practitioners and I am so pleased that the team has been acknowledged for their determination and hard work”.
Natasha Rees, Senior Partner
“A thoroughly deserved win by our enfranchisement team at the ERMA’s last night which confirms their position as leaders in this specialised area of property law”.
Lucy Barber, Head of Residential Property
“As an enfranchisement specialist, it was important for me to work in a firm that was fully committed and experienced in advising on this niche area of law. The Forsters’ enfranchisement team offers that and so much more, and so I’m thrilled that this was recognised last night”.
Caroline Wild, Senior Associate
“Forsters has a fantastic enfranchisement team which is packed with talent. It’s great to see that celebrated by this award”.
Forsters shortlisted for ‘Solicitors Firm of the Year’ at the 2024 ERMAs
30 May 2024
News
We received the exciting news today that Forsters has been shortlisted as a finalist in the ‘Solicitors Firm of the Year’ category at the News on the Block Enfranchisement and Right to Manage Awards 2024.
Celebrating its 15th anniversary, we are delighted to participate and be recognised in this prestigious awards ceremony. Well done to our Enfranchisement Team in securing this shortlisting, and good luck to all the other finalists.
We look forward to the award ceremony, and celebrating the excellence in our industry, on 11 July at Leonardo Royal Hotel, St. Paul’s.
Key partner hire for Forsters with the appointment of Jo Keddie
18 March 2024
News
Highly ranked and market recognised Partner Jo Keddie joins the firm from Winckworth Sherwood to strengthen Forsters’ full service Employment and Partnerships practice, which will continue to deliver leading edge employment advice to a diverse client base.
Forsters, the leading London firm, announces today that Jo Keddie is to join the firm on 2 April 2024. Jo joins from Winckworth Sherwood LLP, where she headed its Employment and Partnerships team. She also led the firm as Senior Partner from 2021 to 2023, having originally joined the partnership in 2010. In addition to Jo, colleagues Danielle Crawford and Daniel Parker will be joining the team at Forsters as Counsel and Senior Associate respectively.
Jo’s practice is a close strategic fit to that of Forsters. She represents a broad suite of clients in contentious and non-contentious matters, including corporates, senior executives and charities and has a wealth of experience in investigatory work involving regulatory bodies, corporate clients, and individuals.
Jo has top tier rankings in both the Legal 500 and Chambers directories for her expertise in acting in partnership and senior executive cases and has recently featured in The Lawyer’s prestigious Hot 100 listing for the second time.
Over the past year, Jo has acted in a number of high-profile litigation matters and investigations delivering her hallmark of pragmatic, commercial and strategic advice. Jo’s recent experience includes acting for several FTSE 100 C-Suite clients and Fund Managers in respect of their high value (regularly seven figures) and often complex departure terms. She has also advised a number of financial institutions, corporates and charities in successfully investigating and defending claims for unfair dismissal, whistleblowing, race and religious discrimination, sex discrimination/harassment and age discrimination.
The appointment of Jo is a significant boost to Forsters’ Employment and Partnerships team. Jo, who will head the practice, will join employment partner Joe Beeston and his team, adding further strength, depth and experience to the firm’s offering. The addition of three senior lawyers to Forsters’ full-service employment practice will bolster and scale up Forsters’ market presence, including in the financial and professional services, partnerships, private equity, sciences, technology, real estate and healthcare sectors among others.
Jo Keddie said: ‘This is such an exciting time to be joining Forsters following its move into amazing new premises at Baker Street. The opportunity to play a lead role in the firm’s strategic investment in employment and partnerships was compelling for me personally and we now have a fantastic platform to grow our team dynamically, as well as enhance the range of services we offer to our clients.
‘Culturally we are completely aligned in as much as we are focused on delivering successful strategies and outcomes for a diverse range of clients. Danielle, Dan and I greatly look forward to working closely with Joe and all our new colleagues to deliver a client-led strategy at Forsters. It is a perfect fit for us and our clients at every level.’
Natasha Rees, Senior Partner of Forsters, commented: ‘We are thrilled to have Jo Keddie and her team join us at Forsters. They will be a fantastic addition to the Employment and Partnerships team and the wider firm. Our clients have just seen us move to superb new premises at Baker Street, which are designed to help us deliver best-in-class advice. Our decision to appoint Jo was completely driven by what our clients need from us. We are really excited to have Jo joining the Forsters partnership and we are delighted that three such talented lawyers will be enhancing our team.’
Fearn v Tate named as top property case of 2023 by EG
22 December 2023
News
In their countdown of top 10 property law cases of 2023 EG awarded the Christmas number 1 spot to Fearn v Tate, calling it one of the most high-profile cases of the century.
Natasha Rees, Senior Partner at Forsters, was the lead lawyer advising the leaseholders, with Sarah Heatley, working with Tom Weekes KC and Richard Moules of Landmark Chambers.
Read more about the case, and Forsters’ involvement here and here.
Listen to the EG Property Podcast – top 10 property law cases of 2023 here.
Damages: an appropriate remedy? – Natasha Rees writes for EG
13 November 2023
Views
The Estates Gazette have featured an article by Natasha Rees on the conclusion of the nuisance case against the Tate Gallery.
The article considers the Court’s approach to the question of remedy in nuisance claims where decisions now appear to be reached on a case-by-case basis, and factors such as planning permission and public interest are relevant.
Rees writes that: “Earlier this year the Supreme Court found in favour of five Neo Bankside residents, holding that the viewing gallery at the Tate Modern’s Blavatnik Building had created a nuisance by interfering with the residents’ use and enjoyment of their flats (Fearn and others v Board of Trustees of Tate Gallery [2023] UKSC 4; [2023] EGLR 14). As recommended by Lord Leggatt in his majority judgment, the proceedings were then remitted to the original trial judge in the High Court, Sir Anthony Mann, to determine the appropriate remedy.”
Following a hearing before the original trial Judge the Tate elected not to argue for damages and subsequently entered into an agreement with the defendants preventing use of the property in the way that had caused nuisance.
As such, Rees writes, this has “[put] an end to the nuisance and [disposed] of the proceedings.”
Questions
This ruling has raised questions regarding the circumstances in which courts will grant an injunction or will decide that damages should be awarded instead. The courts power to grant damages instead of an injunction derives from statute – “originally the Chancery Amendment Act 1858 (colloquially known as Lord Cairns’ Act) and currently the Senior Courts Act 1981.”
The article considers the Court’s approach which was until fairly recently based on the leading case of Shelfer v City of London Electric Lighting Co (1895), and which assumed an injunction would be granted save for in exception circumstances. This changed following the Supreme Court’s ruling in Lawrence and another v Coventry and others (2014)].
She writes that: “Lord Neuberger, who gave the leading judgment, stated that the mechanical application of the four tests leading to damages being awarded only in ‘exceptional circumstances’ was simply wrong in principle and that although prima facie the remedy for nuisance is an injunction, there may be circumstances where damages are more appropriate and there should be no inclination either way.”
Going forward
As Rees states “The onus is on the defendant to show why an injunction should not be granted.”
“The court now has a wider discretion and the choice between an injunction or damages depends on the relevant facts, circumstances, and arguments in the case. While this allows the courts greater flexibility, it also introduces much greater uncertainty.”
The factors that might be taken into account include whether planning permission authorises the activity, or if any potential injunction would affect the viability of the defendant’s business or indeed the public’s ability to enjoy the activities carried out by that business.
What this meant in the Tate case was that the Tate’s activities or its use of the Viewing Platform was probably relevant to the remedy.
She writes that: “In his leading judgment, Lord Leggatt indicated that matters which needed to be addressed were whether there was a public interest in maintaining the viewing platform with a 360-degree view which was capable of overriding the prima facie remedy of an injunction.”
Rees concludes that:
“Where a person’s right to the enjoyment of their home is disturbed by an invasion of privacy, it is hard to envisage when damages might be an appropriate remedy. Such a right can rarely be compensated for in monetary terms. This was the majority view in Lawrence.
“In such cases, it is hard to see what public interest considerations might outweigh this. Matters of national defence or the provision of public services such as healthcare may, but it seems unlikely that recreational facilities or the public’s enjoyment of those facilities would tip the balance.”
This article was originally published in EG on 31 October 2023 and can be read here in full (behind their paywall).
Fearn and Others v The Board of Trustees of the Tate Gallery
18 October 2023
News
The Supreme Court found in favour of five Neo Bankside residents earlier this year, holding that the viewing gallery at the Blavatnik Building at Tate Modern had created a nuisance by interfering with living conditions at their flats at Neo Bankside. The proceedings were remitted to the original trial judge in the High Court, Sir Anthony Mann, to determine the appropriate remedy.
Last month, having been asked to elect by the Court, the Tate chose not to argue that the Court should award damages instead of an injunction. The Tate has now agreed to a final order disposing of the proceedings which puts an end to the nuisance.
Tate Modern has undertaken not to operate Level 10 of the Blavatnik Building in such way that would enable visitors to engage in intrusive viewing or photography of neighbouring flats in the manner that was held by the Supreme Court in February to be a nuisance.
Currently, the Tate prevents that happening by preventing public access to the parts of the viewing gallery nearest to the flats of the five residents.
Natasha Rees, Senior Partner of law firm Forsters, which represented the five Neo Bankside residents, comments, “An award of damages was never our clients’ aim and they are grateful for the Tate’s recent willingness, instead, to agree that the viewing platform will not be operated in a way which causes nuisance. They are pleased that this long-running dispute has been concluded.”
Forsters Property Litigation and Private Client teams recognised at the British Legal Awards 2023
24 August 2023
News
Forsters have been shortlisted for two awards at the 14th annual British Legal Awards 2023:
Litigation, Arbitration and Dispute Resolution Team of the Year
Private Client Team of the Year
The shortlistings recognise the achievement of the Property Litigation team in relation to the Supreme Court appeal concerning the Tate Gallery, and our Private Client team’s extensive work on a multi-generational matter for an international ultra-high net worth family.
Forsters is proud to have received nominations at the British Legal Awards for five consecutive years. The awards represent the top advisors and firms within the UK’s legal community.
The full shortlist can be viewed here. The winners will be announced at the ceremony on Wednesday 29 November.
Forsters nominated for two awards at the Legal Business Awards 2023
18 August 2023
News
We are thrilled to announce that our two principal practice areas have been shortlisted for two awards at the Legal Business Awards 2023.
The 26th annual Legal Business Awards celebrates the very best in the legal profession and is one of the most prestigious events in the legal calendar.
Having been put forward in two categories, we are delighted to be recognised as finalists for:
Real Estate Team of the Year
Private Client Team of the Year
The shortlisting of our top-ranked teams is a demonstration of our market position as a leading cross-practice firm. It recognises the achievement of the Property Litigation team in relation to the Supreme Court appeal concerning the Tate Gallery and our Private Client Team’s work with a multi-generational ultra-high net worth family.
The full shortlist can be found here. The winners will be announced at the Awards Ceremony on Tuesday 19 September.
Forsters receive ‘Highly Commended’ recognition at the Lawyer Awards
22 June 2023
News
We are delighted that Forsters Property Litigation Team were awarded ‘Highly Commended’ at The Lawyer Awards for their entry in the ‘Litigation Team of the Year Category’.
Senior Partner, Natasha Rees commented ‘We are delighted to have been awarded “highly commended” by The Lawyer on our entry which focused on our recent Supreme Court win for flat owners in Fearn v Tate. The recognition comes after a busy year for the team and further bolsters our position as a market leader in Property Litigation.”
Forsters acted for five residents of the Neo Bankside development, situated on London’s South Bank, who brought a claim against the Tate Modern in nuisance and under the Human right Act 1998 in an attempt to protect their right to privacy from the Viewing Gallery, which is on the tenth floor of the Tate Modern Blavatnik extension. Read more about the case here.
This award follows what has been a stellar year for the team, in which they have been successful on a number of high profile litigation cases including, acting for the Ministry of Defence defending the claims bought by Annington Homes, Fearn v Tate and in the leading case on VAT on staff costs and service charges known as Lessees of Battersea Reach and St George Wharf -v- St George South London Ltd (and others).
Forsters’ highly ranked Property Litigation team provides a full range of contentious real estate legal services in relation to all asset classes. The practice comprises four partners and over 20 lawyers, for further information click here. The firm has a wider team of contentious experts covering Commercial Litigation, Contentious Trusts And Estates, Family And Contentious Construction.
Forsters shortlisted in two categories at the Enfranchisement and Right to Manage Awards 2023
20 June 2023
News
Forsters is delighted to have been shortlisted in two categories for the upcoming Enfranchisement and Right to Manage Awards.
The firm has been shortlisted in the Solicitors Firm of the Year category and Property Litigation Senior Associate, Caroline Wild has been shortlisted as a finalist in the Solicitor of the Year category.
The Enfranchisement and Right to Manage Awards, now in its 14th year, recognises and celebrates excellence in the leasehold enfranchisement and right to manage sector. Forsters Enfranchisement team, a specialist group of property litigation and residential property lawyers, has developed a formidable reputation in this niche and complex area of law. This shortlisting further bolsters the teams position as market leaders in this field, after recent success in acting for the Ministry of Defence, successfully defending the claims brought by Annington Homes regarding military service family accommodation.
The awards ceremony will take place on 6th July and the full list of finalists can be found here.
The Property Tribunal determines the issue of VAT on Staff Costs
13 June 2023
News
The First Tier Tribunal (FTT) yesterday handed down its judgment in the matter of Various Lessees of Battersea Reach and St George Wharf -v- St George South London Ltd (and others).
The decision is likely to have important consequences for landlords and managing agents, and it should resolve the longstanding uncertainty following the decision in Ingram v Church Commissioners [2015] and HMRC’s subsequent clarification of the VAT treatment for the supply of services made by managing agents.
Lessees in two large multistorey mixed-use developments next to the river Thames had argued that staff should be directly employed in a way which would not attract VAT. They suggested that a change in employment would achieve the stated objective and not cause any significant cost or disruption to the service provided and that it was unreasonable for landlords to refuse to do so.
The tribunal found in the landlords’ favour, determining that, in deciding not to employ site staff directly, the landlord acted reasonably. They concluded that “…both the management and tax risks involved in changing the arrangements for the employment of staff were such that it was not unreasonable for a landlord to refuse to do so.”
The lessees had suggested that there were different models which could be implemented that would enable the landlords to benefit from a VAT saving on staff costs. However, the lessees had failed to show these “were realistically capable of being implemented” or “make a coherent initial case as to an alternative course for the landlord to adopt and for the Tribunal to consider either at the outset of the application or at any time thereafter.”
In the circumstances, the VAT on staff costs included in the service charges was deemed to be reasonable, and the lessees’ application was dismissed.
Forsters was led by Senior Associates Ryan Didcock and Emma Gosling, and Partner Natasha Rees, acting for the freeholder and associated landlords, with counsel Philip Rainey KC and Carl Fain of Tanfield Chambers (property), Nicola Shaw KC and Sam Brodsky of Gray’s Inn Tax Chambers (tax), and Michael Lee of 11 Kings Walk Chambers (employment).
PedElle – Forsters sponsor Real Estate Charity Cycle
5 June 2023
News
From 14 – 16 June, Senior Partner, Natasha Rees, and Residential Property Partner, Helen Marsh, will be taking part in a charity cycle ride for PedElle, raising money for Club Peloton, a charity that funds projects which transform the lives of young people.
It is a unique team effort involving around 60 women in real estate. Forsters are sponsors alongside Knight Frank, DP9, Avison Young, Legal & General, amongst others. This year we are providing a place for a real estate specialist from a Local Authority and are delighted that Victoria Hinton a senior planner from Camden Council will be joining the Forsters team.
This year’s destination is Slovenia. They will start from the capital city of Ljubljana, heading northwest to the shore of Lake Bled. The second day involves some daunting climbs but with the reward of stunning descents before arriving at Lipica, where they will be staying at the world-famous stud farm and home of the Lipizzian white horse. The final day takes west towards the Adriatic coast and the medieval town of Piran.
The route covers 400km of very hilly terrain.
PedElle, and this ride, is for women in real estate and therefore open to anyone in the firm who fits that description.
If you would like to donate, you can find the page here.
Forsters advises Ministry of Defence in successful defence of claims by Annington Homes
15 May 2023
News
Forsters is delighted to have acted for the Ministry of Defence in successfully defending the claims brought by Annington Homes regarding military service family accommodation.
The High Court has found that the Ministry of Defence does benefit from a right to enfranchise; the Ministry of Defence will now consider whether enfranchisement might achieve better value for money for the taxpayer. The case involved complex aspects of the law of enfranchisement, some of which had never been decided before.
The team at Forsters was led by Senior Partner, Natasha Rees, and Partner, Julia Tobbell. Natasha Rees is a property litigator with expertise in the field of enfranchisement, whilst Julia has significant experience in managing high-profile, high-value property litigation. They received superb support from Associates James Carpenter and Harvey Small.
The Forsters team worked closely with Slaughter and May, as well as Ministry of Defence Legal Advisers, who advised the Ministry of Defence in respect of public law issues.
We are delighted to announce that Forsters has been named as a finalist for ‘Litigation Team of the Year’ at The Lawyer Awards 2023.
The Lawyer Awards have honoured top lawyers and law firms across the UK legal sector for the last two decades. Winners are carefully chosen by an esteemed judging panel from The Bar, Private Practice, and In-house sectors.
Our entry focused on our recent Supreme Court win for flat owners in Fearn v Tate. Forsters acted for five residents of the Neo Bankside development, situated on London’s South Bank, who brought a claim against the Tate Modern in nuisance and under the Human right Act 1998 in an attempt to protect their right to privacy from the Viewing Gallery, which is on the tenth floor of the Tate Modern Blavatnik extension. Read more about the case here.
The winners will be announced on the 20 June at the JW Marriott Grosvenor House Hotel. We look forward to joining our fellow nominees on the evening!
Forsters’ highly ranked Property Litigation team provides the full range of contentious services covering both residential and commercial matters. The practice comprises four partners and over 20 lawyers, for further information click here. The firm has a wider team of contentious experts covering Commercial Litigation, Contentious Trusts And Estates, Family And Contentious Construction.
Forsters records biggest promotion round with 13 new Partner and Counsel appointments
31 March 2023
News
Forsters, the leading real estate and private wealth law firm, has announced its most significant promotion round since the firm was established in 1998, promoting seven Senior Associates and Counsel to Partner and six Senior Associates to Counsel.
The firm continues to go from strength to strength, including being top ranked in both the leading legal directories for its key practice areas. The firm is building an enviable reputation as the go-to advisors for both international and domestic high net worth and ultra high net worth clients.
Forsters is well known for its collaborative and supportive culture and its commitment to embedding ESG as a core feature of its business. The firm is also noted for its dual female leadership team, demonstrating its long-term approach to inclusivity. The partnership is now 52% female, putting the firm in the top sphere of the UK legal market for gender balance.
Emily Exton, Managing Partner at Forsters, commented: “In our 25th anniversary year, I am incredibly proud to welcome seven new partners to the firm and to see a further six people added to our Counsel cohort.”
“These promotions are part of the creation of a next generation at Forsters and a new phase for the firm. All are talented individuals who bring their individual strengths to our business which provides them with a strong and supportive platform from which they can continue to flourish in their careers. This is an exciting time for the business as we head towards our move to Marylebone at the end of the year.”
The firm now boasts 69 partners and over 450 members of staff.
Joe Beeston (Employment)“I am thrilled with my elevation to the partnership at Forsters. Having joined the firm just over four years’ ago, I knew this was the place I wanted to call home and develop my career. As the lead Partner heading up our Employment and HR practice, I look forward to continuing to grow our all-service offering and advising clients as they navigate the ever-changing challenges that they may face as an employer, business owner or UHNW individual.”
Dickon Ceadel (Family)“I am delighted to have been promoted to Partner at Forsters. Since I joined the firm just over six years ago, the Family team has grown significantly and has won numerous accolades, including Family Law team of the Year – London (twice). I look forward to continuing to support and provide strategic advice to high net worth clients as a Partner across a range of issues, including divorce and separation, financial claims, pre – and post – nuptial agreements, cohabitation disputes, and arrangements for children.”
Charlotte Evans-Tipping (Private Wealth)“I am delighted to join the partnership at Forsters. My promotion within our top ranked Private Client team reflects the market leading offering we have for international private clients. My focus will continue to be the development of our Middle East practice and I am excited to be part of our ongoing success.”
Hannah Mantle (Contentious Trusts and Estates)“I am proud to join the partnership within Forster’s highly regarded Contentious Trusts and Estates team. The CTE practice and the wider Private Wealth group continue to flourish, and I look forward to working with new and existing clients to resolve disputes across the areas of trusts, probate and capacity. As a Partner, I am excited to work with Roberta Harvey to further develop the team’s practice, and to continue to provide the high-level service and experience for which we are known.”
Polly Montoneri (Rural Land and Business)“I am incredibly proud to be moving to this next phase of my career with the support of such an excellent team around me. Our top ranked Rural Property practice provides a strong platform for this to happen. This promotion reflects the growth of the Forsters Rural Land and Business team in a demanding and fast moving area of law. My focus will be to continue to build our expertise on complex areas of law such as renewable energy and high value estate transactions.”
Peter Selwyn (Commercia Real Estate)“My promotion to Partner is a significant moment in my career having spent 12 years at Forsters working with our key real estate fund clients as well as supporting the development of our leading Central London estates and Livery companies practice. With the support of the team and our specialist experts in Planning, Property Litigation and Construction I look forward to continuing to build our reputation in both sectors so that we can advise clients as they seek to enhance the value of their real estate assets.”
Counsel
Helen Bravery (Banking and Finance)“I am delighted to have been promoted to Counsel, despite having only been at Forsters for a relatively short period of time. I’m proud to continue my development with a firm that encourages and champions women and provides so many role models at senior levels. I am excited to further contribute to my excellent team and the firm as a whole and to promote the Banking and Finance team’s profile more widely. I look forward to continuing advising our clients on complex and high value finance transactions, with a particular focus on real estate finance across a variety of sectors and asset classes including hotels, warehouses, offices and residential developments.”
Daniel Bryan (Corporate)“I am excited to be taking the next step in my career as the first Counsel in Forsters’ corporate team. As Counsel, while I will continue working across the wide range of sectors that our clients operate in, I will be further growing the technology related work that Forsters carries out with entrepreneurs and investors, advising businesses and their owners through the full life cycle of a business.”
Robert Keylock (Private Wealth)“With its pre-eminent Private Wealth and Landed Estates practices I am excited to begin this new phase of my career at Forsters. As Counsel in the Private Wealth team, I will continue to advise on UK-focused tax, trust and probate matters, and in particular to act for families and trustees with agricultural interests and the owners of traditional landed estates. Forsters has always been, and continues to be, steadfastly committed to these sectors, and I look forward to contributing to the team’s success.”
Owen Spencer (Commercial Real Estate)“I am excited to be promoted to Counsel within Forsters’ highly regarded Occupiers team where I will work alongside Glenn Dunn to build on our continued success. I’m passionate about helping corporate occupiers secure their new premises and look forward to working with our clients on making their space work for their business.”
Richard Spring (Construction)“My promotion to Counsel is in recognition of the ongoing success of our outstanding Construction practice, and I am proud to be part of this formidable team. I will be using my new platform to continue to build and develop our expert construction offering and supporting our top ranked Commercial Real Estate team. My focus is on the delivery of non-contentious and strategic advice, which will include guiding clients through a number of key upcoming legislative changes. Working with the Partners, we will ensure our team continues to deliver a first-class service.”
Lucy Zaremba (Property Litigation)“I am delighted to have been promoted to Counsel in our award-winning Property Litigation team. This promotion reflects the strength and growth of our residential property litigation offering and I look forward to working with the Partners to develop the team further. My expertise in all areas of residential property litigation, including enfranchisement, are key areas for the firm and my promotion shows the firm’s commitment to providing our clients a first-class service in these areas.”
On 1 February 2023 the Supreme Court handed down its judgment in the ongoing nuisance claim between the residents of Neo Bankside and the Tate Gallery relating to the public viewing gallery situated in the Blavatnik Building at the Tate Modern.
Lord Leggatt, who gave the leading Judgment (with which Lord Reed and Lord Lloyd-Jones agreed) decided that the Tate’s use of the viewing gallery does give rise to liability to the residents under common law nuisance and that the case should be remitted to the High Court to determine the appropriate remedy. The Judgment, which runs to 168 pages re-asserts the principles of the law of nuisance and considers its application to the facts and the decisions of the Courts below.
Background
The viewing gallery is situated on the 10th floor of the Blavatnik Building and affords a 360-degree panoramic view of London to visitors of the Tate Gallery at no cost. Around 5 and ½ million people visit the Tate Gallery each year and of those, it was estimated that around 500,000-600,000 visit the viewing gallery with a limit of around 300 on the gallery at any time. The Claimants all own flats that are situated in a development opposite known as Neo Bankside. The interior of the flats can be viewed easily from the south side and south western corner of the viewing gallery.
The Courts below
The Judge at first instance found on the facts that a significant number of visitors displayed an interest in the interior of the flats either by peering, photographing, waving or using binoculars to view. He considered this to be a material intrusion into the privacy of their living accommodation using “privacy” in its every day sense. Despite stating that such intrusive viewing could, in principle, give rise to a claim in nuisance he concluded that the intrusion experienced in this case did not amount to a nuisance for two reasons. Firstly, the claimants had properties with glass walls and secondly, because they had failed to take remedial measures to protect their privacy.
The Court of Appeal found that this reasoning involved material errors of law and that, had the principles of nuisance been applied correctly, the residents’ claim should succeed. Nevertheless, they then went on to dismiss the appeal. Their reason was that overlooking, no matter how oppressive, cannot in law count as a nuisance.
Supreme Court Decision
Lord Leggatt considered that whilst the Court of Appeal was right to hold that the first instance Judge incorrectly applied the law, it was wrong to decide that the law of nuisance does not cover a case of this kind, which he considered to be a straight forward case of nuisance. The notion that visual intrusion cannot constitute a nuisance is not supported by precedent and indeed the relevant authorities positively support the opposite conclusion. He concluded that in applying the well settled legal tests, the claim ought to succeed. He suspected that what lay behind the rejection of the claim by the Courts below was “a reluctance to decide that the property rights of a few wealthy property owners should prevent the general public from enjoying an unrestricted view of London and a major national museum from providing public access to such a view.”
This decision is a robust re-assertion of the protection afforded by the common law to privacy in the home. As a result, there was no need to extend the common law to accommodate the right to privacy guaranteed by Article 8 of the ECHR.
Natasha Rees, Senior Partner and lead lawyer advising the Claimants, said “Our clients are both pleased and relieved that nearly six years after they began their claim the Supreme Court has now found in their favour. Lord Leggatt, giving the majority judgment, recognised how oppressive it can be to live “under constant observation from the Tate’s viewing gallery for much of the day, every day of the week…much like being on display in a zoo.” Our clients now look forward to working with the Tate as valued neighbours to find a practical solution which protects all of their interests.”
Instruction by MoD listed in The Lawyer’s Top 20 Cases of 2023
19 January 2023
News
Our Property Litigation team is pleased to note that its instruction by the Secretary of State for Defence in regard to ‘R (Annington Property & others) v Secretary of State for Defence’ has been included in The Lawyer’s ‘Top 20 Cases of 2023’.
Senior Partner, Natasha Rees, and Property Litigation Partner, Julia Tobbell, are leading on this high profile and ground-breaking case.
The Lawyer describes the case as one of the most prominent judicial reviews of 2023. It concerns the MoD’s proposed repurchasing of homes from Annington Homes using enfranchisement legislation. Forsters are advising on the property law aspects of the proceedings.
The Lawyer has reported on this case as part of its annual report, ‘The Top Cases of 2023’. A copy of the report can be purchased here.
Forsters continues with top tier ranking in the 2023 edition of The Legal 500
30 September 2022
News
Forsters, the leading London real estate and private wealth law firm, has been ranked in its key practice areas in the latest edition of the Legal 500 UK directory.
“Forsters is a firm that really nurtures and brings on its next generation, enabling them client contact and the ability to build their network and express themselves. This is quite unique. They pride themselves on providing a tailored and bespoke personal service where the client feels valued and they are very good at problem solving.”
“Its commitment to its clients is exceptional. Its style is communicative and collaborative.”
The Legal 500 2023
In the latest edition, Forsters is profiled as follows:
Ranked in 18 practice areas
Top ranked in four areas: private wealth, contentious trusts and probate, residential property and agriculture and estates
70 ‘Recommended Lawyers’ which includes
Nine Partners in the ‘Hall of Fame’
Six ‘Leading Individuals’
Seven ‘Next Generation’ Partners
Four Counsel and Senior Associates recognised as ‘Rising Stars’
Henry Cecil leads a large and specialist team at Forsters LLP that is recommended for its vast experience of handling both transactional and strategic matters including complex tax and estate structuring advice and disputes. It has real strength in depth with key practitioners such as Penny Elliott, Christopher Findley and Andrew Lane. Catherine Hill and Rupert Mead also garner praise for their expertise on tax and trusts matters. Clients include sizeable landed estates, families and trusts with significant property and chattels as well as domestic and international private and commercial investors, wealthy individuals and landowner groups. Other strengths include advising on the establishment of holding structures for family wealth through companies, partnerships and trusts in addition to acting for landowners in relation to development work. It is also rated for its work on capital tax planning matters and on all aspects of the acquisition and disposal of estates, farms and country houses. It is a team of ‘problem solvers’.
Forsters LLP has a strong track record in this area and advises fiduciaries, protectors and beneficiaries on the full remit of disputes involving trusts, trust structures, wills and estates both in an onshore and offshore context. Other key clients include high-net-worth/high-profile individuals, charities and other professionals and intermediaries. The international side of its practice continues to thrive under the direction of Roberta Harvey. Other key figures include Emily Exton, who is praised for her handling of disputes in the private wealth arena. The team is skilled at advising high-net-worth individuals, family offices, trustees and protectors on trust vehicles and other succession planning structures.
‘It is the level of expertise’ at Forsters LLP ‘combined with its ‘can-do’ attitude that attracts clients’ with Xavier Nicholas at the helm. It has a large private wealth practice with a pre-eminent reputation for its advice to domestic and international HNW and UNHW clients on a range of complex cross-border and high-value taxation, estate planning and trust structuring matters. It continues to enjoy a regular stream of instructions on multi-billion pound matters for its international client base. Clients include major entrepreneurs, multi-generational families, trustees of significant cross-border estates and well-known artists. Carole Cook is well-regarded for her work on complex tax and trust issues. Kelly Noel-Smith acts for some of the world’s richest families, including Middle Eastern royalty, Greek shipping families and entrepreneurs. Anthony Thompson is among the leading advisers to Middle Eastern UNHW clients. James Brockhurst has recently been promoted to the partnership. ‘For such very clever people, they are also incredibly nice and easy to deal with’.
Under the excellent leadership of Lucy Barber the team at Forsters LLP continues to be active in transactions involving super prime and prime properties in London as well as on the sale and purchase of country houses. It has a diverse client base of wealthy clients who are based in the UK and abroad as well as prime residential developers, banks, property funds and investors. Charles Miéville is considered a ‘go-to’ adviser for particularly complex conveyancing and property financing matters for a client base that consists of a number of high-profile UHNW individuals and landed families. Robert Barham has been busy advising on various high-value transactions on behalf of international clients. Helen Marsh handles a broad spread of issues from high-value sales and purchases to advising on financing issues and landlord and tenant matters.
The team at Forsters LLP is ‘incredibly well respected – and for good reason. The team does everything with real class’. It is led by Joanne Edwards who is a ‘dynamo’ and has a ‘good stable of associates’. It is continuing to see an increased flow of complex cross-jurisdictional work in nuptial agreements; child arrangements and financial cases (which often have complicated trusts and financial structures). Rosie Schumm is frequently instructed in complex litigation for families with substantial wealth across multiple jurisdictions. Simon Blain has a particular strength in difficult financial cases often involving trusts, family business and assets in more than one jurisdiction.
The team of ‘first-class lawyers’ acts for a large number of landowners, estates and funds alongside property companies, developers and occupier clients. Its workload is equally diverse and has recently included easement and service charge disputes, dilapidation claims, forfeitures and other issues arising from CVAs and insolvencies, in addition to development matters concerning rights to light, vacant possessions and an increasing number of cladding-related instructions. Ben Barrison recently took over as head of the property litigation practice from Natasha Rees, who is now the firm’s senior partner. Barrison is described as ‘one of the very best property litigators around – great on the law, but does not let it distract him from seeing the bigger commercial and tactical picture.’ Another reputable individual is Jonathan Ross; his specialisms lie within rent review and dilapidation claims. Anna Mullins was promoted to partner in April 2021, while the team was also recently boosted by the arrival of Julia Tobbell from Herbert Smith Freehills LLP.
Passing the Baton – Natasha Rees and Smita Edwards speak to EG
7 September 2022
Views
As Natasha Rees takes over as Senior Partner from Smita Edwards, the pair speak to EG about Forsters, its future, and the upcoming move from Mayfair to Marylebone.
The Forsters pair were quizzed by EG’s Jess Harrold who touched on a number of important issues such as the global events during Edwards’ 8-year tenure as Senior Partner, and their effects on the real estate market, as well as how the baton is proudly being passed to former Head of Property Litigation Rees ahead of the firm’s move to Marylebone. The article focuses on key issues such as the commitment to maintaining profitability while also maintaining the firm’s unique culture. It also highlights the Forsters partners’ commitment to capitalise on the firm’s reputation for being an inclusive and friendly place to work by designing their new premises with staff wellbeing and sustainability firmly in mind.
The article concludes that “If Brexit and Covid couldn’t throw the firm off course during Edwards’ tenure…the looming clouds of recession on the horizon should hold little fear for Rees.”
“Over to you and have some fun,” Edwards says to Rees, smiling. “It’s a great business.”
This article was first published by EG on 2 August 2022 and can be read in full here, behind their paywall, or here.
Forsters, the leading London real estate and private wealth law firm, announces today that it has elected Natasha Rees as its new Senior Partner from 1 September 2022.
Today’s announcement follows the recent news that Forsters is to move to new HQ premises at 22 Baker Street in the heart of Marylebone in late 2023, coinciding with the firm’s 25th Anniversary.
Natasha Rees joined Forsters from Pinsent Masons in 2001 and became a Partner in 2008. Until March this year Natasha was Head of the Property Litigation team and is widely recognised as a leader in this field – particularly in the area of residential disputes and leasehold enfranchisement. She is profiled in the current edition of Chambers UK, has featured in The Lawyer ‘Hot 100’ (2018) and is ranked in The Legal 500, where she is included in its Hall of Fame.
Natasha takes over as Senior Partner from Smita Edwards, who has led the firm through a period of sustained growth and success during her eight-year term of office. Smita is one of the founding Partners of Forsters and was Head of the Commercial Real Estate team from 1998 until 2003. She is one of the UK’s pre-eminent real estate lawyers, who maintains a Band 1 ranking in the latest edition of Chambers UK. From September she will return to full time practice and to her diverse client base, which includes leading real estate investors, funders and developers.
In addition to the new office announcement, Forsters has recently promoted six Senior Associates to Partner and four to Counsel. This is the single largest round of promotions that the firm has recorded in its 24-year history. Forsters now has 65 Partners and 420 other members of staff.
Forsters’ Senior Partner-Elect, Natasha Rees, said: “It is one of the greatest honours of my career to be elected Senior Partner of such a wonderful firm. Through her visionary leadership, Smita leaves an outstanding legacy at Forsters and it is great news for our clients that she will continue to practise with us. I want to thank her on behalf of the whole firm for being such an inspirational leader.”
Forsters’ Senior Partner, Smita Edwards, said: “It has been a huge privilege to serve as Senior Partner for two terms and I am delighted that Natasha has been elected as my successor. She will bring experience, passion and energy to the role and has an inherent understanding of the special qualities which set Forsters apart, particularly our collegiate working culture.”
Forsters’ Managing Partner, Emily Exton, said: “I have enjoyed a great working relationship with Smita over the past two years and I look forward to working closely with Natasha. We are a diverse, inclusive and ambitious firm with fantastic clients and I am confident that Smita’s legacy as a founding Partner of Forsters and an outstanding Senior Partner will continue as she passes the baton to Natasha.”
Renters’ Reform Bill: A ‘New Deal’ for Residential Tenants
6 July 2022
Views
Property Litigation Partner, Natasha Rees, and Associate, Elizabeth Oxendale, consider the Government’s long awaited White Paper published on 16 June, which sets out the 12 point action plan to reform the private rented sector.
While there is currently no indication of when the Bill will become law, it is set to introduce changes which will fundamentally overhaul the existing basis of the Private Rented Sector.
Forsters are extremely proud of their amazing team that took part in pedElle 2022 with Club Peloton.
pedElle celebrates women within real estate – “creating a unique team effort that forms memories and friendships for life.”
Over three days, Natasha Rees, Helen Marsh, Nichola Padget, and Jessica Scarlett cycled through three countries: Austria, Slovakia, and Hungary covering 450km (280 miles). The team travelled all the way from Vienna to Budapest, passing amazing landscapes and beautiful cities.
This was a fundraising effort, with all money raised going to fantastic charities: Coram, CYCLISTS FIGHTING CANCER LTD, MSA Trust and the Tom AP Rhys Pryce Memorial Trust.
The longest day of this year’s ride at 190kms, riders were treated to views of the Danube, Hainburg Beach, and Bratislava (the capital of Slovakia). After a long day of cycling, they arrived at Chateau Appony, a stunning white spa hotel, for a well-deserved rest.
This day, the team were faced with 105kms and three brutal climbs. After cycling through the beautiful Slovakian countryside, the team headed in Nova Bana for lunch. The last leg of the ride was through the mountains, venturing on their third climb of the day. After winding their way upwards, they were rewarded with a superb descent down the other side, taking them into the beautiful medieval town of Banská Štiavnica. What a way to end the second day.
For the final day, an early 7am start left the riders facing the last 153kms of their journey. This day saw them climbing through towns dotted around lakes, with fantastic views of the countryside. After 99kms, they crossed the border between Slovakia and Hungary. Once the riders finally reached Budapest, they were treated to beautiful views of the city together with celebratory drinks sponsored by Forsters, which were well deserved and well received!
If you would like to donate to the team’s fantastic efforts, you can do so 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.”
ERMAs 2021: Forsters win Solicitors Firm of the Year
1 December 2021
News
Forsters were named ‘Solicitors Firm of the Year’ at the Enfranchisement & Right to Manage Awards 2021, organised by News on the Block.
Our Enfranchisement team, a specialist group of property litigation and residential property lawyers, has developed a formidable reputation in this niche and complex area of law. Winning this award not only endorses our expertise in this area, but highlights our ongoing commitment and ability to advise clients on all aspects of the enfranchisement regime, including lease extensions, house claims and complex collective enfranchisements.
On the win, Head of Property Litigation, Natasha Rees, commented: “We are absolutely delighted to have won this award. Our enfranchisement specialists are a group of driven and talented lawyers, who truly deserve to be recognised for their work in this sector.”
We are also thrilled to announce that Property Litigation Associate, James Carpenter, was ‘Highly Commended’ in the category of ‘Young Professional of the Year’. James’ commendation is a true testament to the talent we are fortunate to have in our next generation of our lawyers.
The news follows our recent success at the British Legal Awards, where Forsters were announced as ‘Property Team of the Year’.
Natasha Rees considers the Court of Appeal decision in Aster v Chapman in RICS Property Journal
28 October 2021
Views
Head of Property Litigation, Natasha Rees, has written an article in the RICS Property Journal on the recent Court of Appeal case, Aster Communities v Kerry Chapman and Others.
The Court of Appeal considered the circumstances in which the First-tier Tribunal (FTT) may grant a landlord dispensation from the consultation requirements prescribed by Section 20 of the Landlord and Tenant Act 1985.
The article was first published by RICS Property Journal and is available on their website here.
Chambers and Partners continues to recognise Forsters as one of the leading London firms
21 October 2021
News
Chambers and Partners have today launched their latest guide to the legal market. Forsters is delighted to report that it has maintained its Top Band status in both Real Estate and Agriculture & Rural Affairs, and that the firm’s Property Litigation practice has been elevated to Band Two.
The news follows the firm’s success in the Chambers HNW Guide, where our Private Wealth Law and Private Wealth Disputes teams retained their Top Band ranking.
The UK Guide ranks 24 of Forsters’ leading Partners and Counsel and also recognises other expert teams including Property Litigation, Family and Construction. Included this year are four new individual rankings; Ben Barrison, Emily Holdstock, Richard Spring and Victoria Towers.
The Guide reports that “High-level client service and prompt, well-resourced and informed advice.” Are key features of the firm, further cementing Forsters reputation as one of the preeminent firms in the London market.
Chambers notes: Well-regarded rural team with capabilities across rural property, tax and contentious work. Clientele includes owners of traditional landed estates as well as international purchasers.
“It’s a dynamic team who are able to apply considerable skill and focus to a specific project. They have a depth of knowledge but more importantly approach problems with a can-do attitude and take particular care around managing their clients.”
Advises a number of leading real estate funds, offering expertise in all kinds of investment transactions. Also handles development matters including sizeable residential schemes. Represents developers, investors and landlords in relation to retail property concerns and also has notable expertise in handling matters related to the logistics sector. Continues to advise The Crown Estate on a range of matters concerning its London property portfolio.
One client says: “The team is experienced, knowledgeable, accurate and proactive. We have always had a good experience working with them, even on difficult projects.”
Chambers Notes: Represents a broad client base ranging from institutional investors and funds to property developers. Advises on a wide range of residential property disputes and enfranchisement cases. Maintains substantial expertise in contentious matters concerning rights to light, service charge disputes and professional negligence claims.
A great quote for Ben: “He’s a pleasure to work with and has a good relationship with clients. He recognises the strengths and weaknesses of a case and gives clear instructions.”
Chambers notes: Broad practice covering complex and high-value financial remedies, as well as a variety of children law matters for married and unmarried parents. Advises foreign nationals on complex post-separation issues, as well as UK-based parties with cross-border asset portfolios. Houses significant strength in nuptial agreements covering multiple jurisdictions. Particular experience in cases with trust-related issues, and acts on behalf of trustees.
A great quote for Jo: “She’s a well-known, reputable practitioner who can do everything!”
Forsters’ Family team is also ranked in Band Two in the Chambers HNW Guide 2022. Jo Is also ranked in Family/Matrimonial: Mainly ADR – London (Firms) table.
Chambers notes: Well-respected firm with a strong reputation for purchaser-side representation in both a contentious and non-contentious capacity. Receives regular instructions to advise clients on large-scale domestic residential and commercial developments. Able to assist with construction-related disputes, with experience in representing clients in the Technology and Construction Court, as well as arbitrations and adjudications.
“They are very commercial, incredibly responsive and cut through all of the unnecessary jargon”, an impressed client reveals.
The following Partners and Counsel are also Ranked Lawyers in the 2022 Guide:
Victoria du Croz – Planning “Victoria du Croz is extremely competent in the field, providing clear, succinct advice that aims at solving issues in a proactive way.”
Dearbhla Quigley – Capital Markets: AIM “She provides top-draw advice and guidance and has good technical abilities.”
Neasa Coen – Charities “She really adds value for us because she understands where we might see problems and presents us with options to get over our difficulties.”
Forsters continues with top tier ranking in the 2022 edition of The Legal 500
1 October 2021
News
Forsters, the leading London real estate and private wealth law firm, has been ranked in its key practice areas and is delighted to report that for the first time its market leading Residential team has been promoted to the top tier, noting that “their knowledge in this field is exceptional”.
“Strength in depth and very client focused, and the firm is proactive, well organised and responsive.” The Legal 500 2022
Henry Cecil leads a large and specialist team at Forsters LLP that is recommended for its vast experience of handling both transactional and strategic matters including complex tax and estate structuring advice and disputes. It has real strength in depth with key practitioners such as Penny Elliott, Christopher Findley and Andrew Lane. Catherine Hill and Rupert Mead also garner praise for their expertise on tax and trusts matters. Clients include sizeable landed estates, families and trusts with significant property and chattels as well as domestic and international private and commercial investors, wealthy individuals and landowner groups. Other strengths include advising on the establishment of holding structures for family wealth through companies, partnerships and trusts in addition to acting for landowners in relation to development work. It is also rated for its work on capital tax planning matters and on all aspects of the acquisition and disposal of estates, farms and country houses. It is a team of ‘problem solvers’.
Forsters LLP has a strong track record in this area and advises fiduciaries, protectors and beneficiaries on the full remit of disputes involving trusts, trust structures, wills and estates both in an onshore and offshore context. Other key clients include high-net-worth/high-profile individuals, charities and other professionals and intermediaries. The international side of its practice continues to thrive under the direction of Roberta Harvey. Other key figures include Emily Exton, who is praised for her handling of disputes in the private wealth arena. Catharine Bell is an international private client lawyer with specialist expertise in contentious trusts and estates, as well as wealth structuring, family governance and advice to family offices. The team is skilled at advising high-net-worth individuals, family offices, trustees and protectors on trust vehicles and other succession planning structures.
Under the leadership of Xavier Nicholas the team at Forsters LLP advises a broad range of domestic and international clients in the HNW and UNHW sphere with particular strength in advising international and multi-generational families on complex cross-border issues. Nicholas is adept at advising wealthy families on a range of matters, including family trusts, regulatory issues and tax residence matters, and also works closely with the real estate team to advise clients on the tax implications of UK property ownership and investment. Catharine Bell is another known name for her work on wealth structuring, family governance and advice to family offices. Carole Cook is also a key figure who is particularly strong at advising entrepreneurs. Nicholas Jacob advises many UNHW Asian families, while Anthony Thompson is well-regarded for his work with Middle Eastern UNHW clients. Rupert Mead is recognised for his work on rural property and landed estate matters. Patricia Boon, Jeremy Robertson and George Mitchell have been promoted to the partnership. ‘Each person is exceptionally experienced and committed to doing the best for the client, and to thinking constructively and around issues in order to provide a solution.’
Forsters LLP has a strong pedigree across the full spectrum of residential property work, which includes high-value acquisitions, sales and financings of prime real estate in London and elsewhere in the UK. It is also highly active in large-scale residential projects in London. Lucy Barber leads the team, which has a well-established reputation among high-net-worth and ultra-high-net-worth individuals, and serves prestigious clients such as The Crown Estate and The Phillimore Estate. In addition to Barber, another key individual in the group is Helen Marsh, whose expertise includes conveyancing and secured lending. Henry Cecil focuses on farms and country houses. Charles Miéville and Robert Barham are recent arrivals from Cripps Pemberton Greenish.
Forsters LLP is frequently instructed by high-profile and UHNW individuals who are well-known figures in the arts and sports sectors as well as acting for financiers and entrepreneurs. It advises on a wide range of complex matters with particular specialisms in ultra-high-value and international nuptial agreements. It is also skilled at advising on cross-border child arrangements as well as negotiating financial settlements for children. Joanne Edwards leads the team and is seen as a leading advisor for big-ticket litigation and complex mediation. Edwards is ‘achieving great things for her team’. Rosie Schumm is also experienced at negotiating bespoke nuptial agreements often with international aspects.
With the arrival of counsel Nichola Padget from Orrick, Herrington & Sutcliffe (UK) LLP in April 2020, Forsters LLP has added to its residential and commercial property litigation expertise, while the addition of senior consultant Damian Greenish, who joined from Cripps Pemberton Greenish in September 2020, brings additional residential leasehold reform capabilities. ‘Hugely experienced and very talented’ team head Natasha Rees is another key contact for leasehold enfranchisement and residential property disputes. The team of ‘first-class lawyers’ acts for a large number of landowners, estates and funds alongside property companies, developers and occupier clients. Its workload is equally diverse and has recently included easement and service charge disputes, dilapidation claims, forfeitures and other issues arising from CVAs and insolvencies, in addition to development matters concerning rights to light, vacant possessions and an increasing number of cladding-related instructions. Jonathan Ross‘ commercial property litigation expertise extends to associated professional negligence claims, while senior associate Anna Mullins is a key contact for landlord and tenant matters.
The Harsh Reality of Shared Ownership. Natasha Rees comments in The Sunday Times
31 August 2021
Views
Head of Property Litigation, Natasha Rees, sat down with Melissa York of The Times to provide her comments on one of the risks of shared ownership; being able to easily extend a short lease term.
A short lease term should be something that a solicitor would point out to a buyer at the point of purchase but if this goes unchecked at this point it is likely to lead to issues for the shared-owner further on:
“Short leases should be flagged by conveyancing solicitors and mortgage lenders”, says Natasha Rees. “They are retained to advise on the lease and title. I would have thought a good solicitor would have picked up on that.”
Unless shared owners have staircased up to 100 per cent equity they are excluded from the right to a formal lease extension and have to negotiate one informally with their housing provider. This leaves them open to exploitation and unfair terms, says Rees, such as rising ground rents and short leases. “They are made to pay for valuations and legal fees too.”
The article also covers broader issues for a shared-owner; cladding bills, services charges and permission fees with links to resources to help.
Defective Cladding / Fire Protection – Residential flatowners need to act fast
12 January 2021
News
Since the tragic Grenfell Tower fire on 14 June 2017, it has become clear that many residential buildings are unsafe and require urgent and substantial remedial action. Grenfell Tower had Aluminium Composite Material (“ACM”) cladding but many other cladding systems, as well as insulation and other materials making up the external walls, have now been found to also be combustible and unsafe. Moreover, many buildings have been built without adequate cavity barriers to stop the spread of fire.
Flatowners in such buildings not only face great concern as to the safety of the occupiers of their flats, and the costs of remedial works, but also in relation to the amount of money they may have to contribute in relation to protective measures required pending their buildings being made safe. Until their buildings have passed an External Wall Fire Review (i.e. obtained an EWS1 sign off by an accredited engineer), their flats will be extremely difficult to sell or mortgage. It is understood that EWS inspections so far carried out have identified in many cases the need for fire safety related works before the building can be duly certified.
There have been various unsuccessful challenges by flatowners to being held liable to pay by way of the service charge for protective measures and remediation works. It is claimed that flatowners are paying £2.2 billion a year in total for interim safety measures (such as waking watch patrols and the installation of communal fire alarms) whilst remedial works are delayed or arranged, as well as for additional building insurance.
The draft Building Safety Bill published in July 2020, and currently going through the consultation process, proposes that further liability be put on flatowners to meet remediation costs by way of the ‘building safety charge’, a new type of service charge specifically for fire safety works that will be implied into the existing and new long leases of higher-risk buildings.
It is estimated that some 4 million flatowners are affected by fire safety related issues in one way or another. The Government has set up a number of funds, particularly for residential buildings over 18 metres high with dangerous cladding, but the amount of funding that has been promised is limited and will only cover a small fraction of buildings affected. Moreover, flatowners are expected in the first instance to seek reimbursement from third parties, such as developers and contractors and warranty providers, who are responsible for the design, installation or inspection of defective cladding systems or materials.
To date, only about 200 out of approximately 12,000 affected buildings have been completely remediated.
The most important questions and answers in relation to leaseholders being able to hold the relevant parties responsible are:
Who may be responsible and why?
The original developer/vendor and their building contractors, architects, engineers, surveyors, suppliers of materials, and cladding consultants/sub-contractors. If a building has been built defectively and/or in breach of Building Regulations, a Claim may be brought in contract (preferably), in negligence, and/or pursuant to the Defective Premises Act 1972.
In addition, most owners of newly built or converted residential buildings have new home warranties from the likes of NHBC, LABC, or Premier Guarantee which may well cover claims in relation to the structure and/or building regulation compliance of such buildings.
Is there a time limit for making a claim?
Yes, and a very strict one. The usual time period is six years from the breach of contract or negligence causing the damage (which will ordinarily be the date of the first sale) but this requires court or arbitration proceedings to actually be commenced within this period. It is, however, possible to agree Standstill Agreements with the Defendants to extend this time period and avoid the costs of issuing Proceedings.
In relation to new home warranties, claims need to be made within eight to ten years of the completion of the building.
Will court/arbitration proceedings be necessary?
Hopefully not if you are clearly within time to pursue a Claim. For reputational and commercial reasons, substantial developers may well be willing to undertake remedial action whether or not they accept liability. Some have already pledged to do so and/or made financial provision for this. If there is no substantial developer to pursue, then there may be a substantial contractor who is insured and any professional who is liable for defective design or supervision will also be insured.
Companies like NHBC who provide new home warranties, and who often also acted as the Building Inspector, may also well accept liability if the Claim is made in time. They may also pressurise the developer/contractor to remedy the defects.
Much will depend on when the building was designed and built, however, and what the actual failings are with it. Many Defendants will claim they were not at fault as the buildings were built in accordance with Building Regulations at that time. The ongoing Grenfell Inquiry, and invasive investigations undertaken into the construction of many high-rise blocks, have, however, shown that corners were often cut and works and materials were often sub-standard or non-compliant.
How much will court/arbitration proceedings cost?
It depends very much on what Defences are run and whether the case proceeds to Trial but costs can be very substantial. And the losing party is likely to be liable to pay the successful party or parties’ costs as well. Accordingly, it is important that leaseholders of buildings enter into Participation Agreements so that they can act together to defray the costs and/or to seek to secure third party funding and costs insurance (which is available for sizeable meritorious claims) and/or instruct their legal advisors on a contingency basis.
What should I do next if my building has cladding issues?
If you have not already done so, you do need to collate details of the defects and then take urgent advice from a lawyer and/or building surveyor/engineer who have experience in cladding claims/issues. It is sensible to join with any Residents Association or Leaseholders Group in doing so. As stated above, time is of the essence.
You should also check whether you have any legal expenses insurance (such as part of your contents cover) and research what surveying advice, if any, you received on your purchase.
In relation to relevant documentation, you need to collate your purchase contract and any new home warranty, or any other warranty, and any information received from your Landlord/Managing Agents as to the action they are taking or proposing to take and the likely costs.
A PDF copy of the article above is also available to download here.
Natasha Rees is Head of Forsters’ Property Litigation team. Jonathan Ross is a Partner and Sarah Heatley is an Associate in the Property Litigation team. Andrew Parker is a Partner in the Construction team.
The Law Commission has published its three key proposals for home ownership reform today with a firm focus on re-invigorating the largely ignored form of commonhold ownership.
The three reports which deal with enfranchisement, right to manage and commonhold tie in with the Government’s aim to make home ownership in the UK fairer and more transparent. It is encouraging to see the Law Commission addressing these three areas in such a cohesive way.
The recommendations which concern leasehold enfranchisement and right to manage are aimed at solving the current problems with leasehold ownership. Many of the proposals are very sensible and, if adopted, will shift the balance firmly in the direction of leaseholders. The proposals for a revised commonhold are aimed at offering a viable alternative where leaseholders can own a flat forever.
The proposals are extensive particularly on the issue of commonhold. It remains to be seen if they have gone far enough to reinvigorate a system that so far has only been used 20 times in the UK since it was introduced in 2002. The issue of home ownership is high on the political agenda and these proposals will certainly provide the Government with plenty of food for thought.
We are delighted to announce that Natasha Rees, head of our Property Litigation team and Enfranchisement practice has been recognised by The Lawyer as one of the ‘hottest’ lawyers of 2018.
The Lawyer Hot 100 gathers together the standout lawyers in the UK over the past year.
Paul Roberts, Managing Partner, said: "Natasha joined the firm in 2001 and became a partner in 2008, her reasons for joining Forsters were simple; to be able to specialise in property disputes with a focus on residential assets and to help drive forward the firm’s Enfranchisement practice. Her ranking in the Hot 100 is testament to the amount of energy and dedication that Natasha brings to her professional work."
The Lawyer Hot 100 said: "Her client roster features some of the biggest and most prestigious names in real estate. These include the Crown Estate, Phillimore Estate, the Corporation of Trinity House, Aviva, BA Pensions and the London Sephardi Trust. Rees’ busy 2017 is evidenced by the fact she worked on cases for all these clients in the last 12 months."
Natasha's full Hot 100 profile can be viewed here (behind a paywall).
