Kary Withers

Kary deals with a wide variety of real estate disputes with a particular specialism in the removal of telecoms masts to enable development.

Kary is a Partner in our Property Litigation team, Managing Director of our Property Services Division and leads our specialist Telecoms group.

With over 20 years experience, Kary deals with a wide variety of commercial and residential property disputes including landlord and tenant issues, development and JV disputes, leasehold enfranchisement and planning judicial review claims. Kary is one of the leading lawyers on telecoms code disputes acting solely for landowners.

Kary works with a range of property owners and developers, holiday/leisure park operators and social housing providers. As well as dealing with claims, Kary works with clients to anticipate and avoid disputes and has been involved in several successful mediations.

Kary joined Clarke Willmott in 2005 from London firm Pinsent Masons. Kary is a member of the Property Litigation Association and is the author of several published articles.

Experience

Telecoms

• CTIL -v- L&Q Housing Trust [2020] UKUT 0282 – consideration and compensation payable for London rooftop site under New Code.
• PG Lewins Limited -v- H3G and EE Limited [D00BS179] [2018] Lexis Citation 37 – damages payable to landowner for breach of lift and shift agreement.

Party Walls

• Rapose -v- Optivo (formerly Viridian Housing) [2017] EWCH 1589 (Ch) – acting for the successful respondent to a statutory appeal pursuant to the Party Wall etc Act 1996.

Forfeiture

• Lemas -v- Lewisham BC and Sealy CH-2019-261/273 & 274 – complex forfeiture, successfully opposing application for permission to Court of Appeal.

Service charges

• Stone & Others -v- MDL Developments Ltd/OVMMCL [April 2019] – Acting for the successful landowner in applications for the determination of residential service charges and dispensation.

Planning Judicial Review

• R (SDR) –v- Bristol CC and Vence LLP/Ashton Vale Project LLP (2012) – town and village green R (SOPAL) –v- E. Devon DC and Axminster Carpets Ltd (2013) – challenge to permission.
• R (Westerleigh Group) -v- Aylesbury Vale DC [2015] EWHC 885 (Admin) – challenge to permission.
• R (Stroud) -v- NW Leicestershire DC -v DPSK Ltd [CO/2092/2018] – challenge to permission.