“has an impressive practice counselling property investors” Chambers 2018
Graham is a Partner in our first tier Property Litigation team and is rated in both Chambers and Legal 500. He specialises in property portfolio management and real property disputes.Graham’s expertise includes working with many national property investors and retailers including Burger King, Mapeley, and Ashville.
He was the lead partner on the widely reported Court of Appeal case Generator Developments LLP v Lidl UK GmbH, winning in both the High Court and then the Court of Appeal. This leading case related to whether a commercial party can rely on incomplete negotiations to assert an interest in property under the so-called Pallant v Morgan equity. The case provided substantial clarity on this important area of law, looking at amongst other things the status of “subject to contract” negotiations.
Graham joined Clarke Willmott in 2005 as part of a team of ten joining the firm from Pinsent Masons. Graham is a member of the Property Litigation Association. He is a regular speaker at conferences and has lectured on onerous break provisions, dilapidations, Pallant v Morgan equities, disclosure in litigation, and withholding consent to assign and sub let leases.
Acted successfully for Lidl in the claim Generator Developments LLP v Lidl UK GmbH, winning in both the High Court and then the Court of Appeal.
Forfeiture. Acting for a household name charity, Graham secured possession of club premises following a three day trial. Forfeiture was based on breach of various club rules including the admission of non members.
Lease renewal. Graham manages a large portfolio of opposed and unopposed lease renewals. Current cases include proceedings where the landlord is proposing to redevelop the premises, occupy the premises itself, or is offering suitable alternative accommodation for the tenant.
Dilapidations and Jervis v Harris claims of key national premises and substantial office blocks.
Portfolio advice to landlords and tenants on what is required to comply with break clauses conditional on a tenant giving vacant possession.