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Daniel Gatty
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A go-to person for tricky matters.

Chambers UK

The consummate professional.  Calm under pressure, great with clients.

Legal 500

He delivers an excellent service and maintains a very high standard of quality.

Chambers UK

Daniel specialises in disputes about property, the emphasis being on real property and commercial landlord and tenant. Daniel is also well known for his expertise in mortgages and secured lending.  His residential landlord and tenant practice focuses on leasehold enfranchisement.  Daniel’s extensive knowledge of land registration law is one of his strengths as a property litigator.

Daniel’s other work tends to involve property but less directly.  For example he is often instructed in professional negligence claims relating to conveyancing and surveyors/valuers and in partnership actions where the assets of the partnership include land/properties.

In 2008 Daniel was appointed as a Deputy Adjudicator to HM Land Registry and since 2013 has been a judge of the First-tier Tribunal (Property Chamber, Land Registration).

Daniel is an experienced, ADR Group accredited mediator.

Commercial Landlord & Tenant

Daniel regularly acts for landlords and tenants of commercial property, usually regarding lease renewals, rent review, dilapidations, breach of covenant or refusal of consent. Vexed questions regarding the interpretation of leases frequently cross his desk.

Recent and reported cases

  • Applications for new leases regarding shops, office buildings, restaurants and petrol stations
  • Dilapidations cases relating to office buildings, car parks and retail premises
  • Breach of covenant and/or forfeiture claims relating to leisure centres, public houses, shops and office buildings
  • Network Rail Infrastructure Ltd v Freemont Ltd [2013] EWHC 1733 (Ch), [2013] All ER (D) 211 (Jun)
  • Family Mosaic Housing Association v Pimlico School Housing Association Ltd [2011] EWHC 3561 (Ch), [2011] All ER (D) 18 (Dec)
  • Brighton & Hove CC v Collinson [2004] EWCA Civ 678, [2004] 28 EG 178, CA

Development

Daniel regularly advises and acts for developers in relation to, e.g. restrictive covenants, promotion agreements, options, easements, boundary issues, purchase agreements.

Recent work and reported cases

  • Applications for discharge or modification of restrictive covenants of a former care home and a waste recycling site
  • Dispute over agreement to purchase office block for residential development
  • Safavi v Strandview [2018] EWCA Civ 539
  • Chambers v Rushmon Ltd [2017] EWHC 124 (Ch)
  • 1 Captains Gorse [2009] UKUT 182(LC)

Leasehold & Leasehold Management

In the context of long residential leases, Daniel has considerable experience of leasehold enfranchisement, service charge disputes, as well as issues around breaches of covenant and forfeiture of leases.

Recent and reported cases

  • Safavi v Strandview [2018] EWCA Civ 539
  • Arceo v Pall Mall Investments (2016, Lawtel)
  • Application for lease extension of valuable flat in Kensington
  • Application for lease extension of valuable flat in Hampstead
  • Collective enfranchisement of block of high value flats in Chelsea
  • Family Mosaic Housing Association v Pimlico School Housing Association Ltd [2011] EWHC 3561 (Ch), [2011] All ER (D) 18 (Dec)
  • LB Camden v Leaseholders of Flats on Grafton Way [2008] PLSCS 198
  • Mahdi & Ors v Al-Habi [2008] EWHC 2374 (QB)

Real Property & Mortgages

Title and boundary disputes, rights of way and other easements, restrictive covenants and mortgage disputes (usually acting for lenders) make up a substantial part of Daniel’s practice.

Daniel is very knowledgeable about land registration issues, aided by the fact that he sits part-time as a Judge of the First-tier Tribunal (Property Chamber, Land Registration).

He is familiar with the conveyancing process and has acted in many disputes arising from property transactions.  Daniel has considerable experience in disputes regarding co-ownership, claims involving proprietary estoppel and constructive trust and attempts to undo property transactions.

His clients range from substantial commercial organisations and public bodies to individual householders.

Recent and reported Cases 

  • Santander UK plc v Fletcher [2018] EWHC 2778 (Ch)
  • Chambers v Rushmon Ltd [2017] EWHC 124 (Ch)
  • Arceo v Pall Mall Investments (2016, Lawtel)
  • Godden v Godden [2015] EWHC 2633 (Ch)
  • Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, [2015] AC 385
  • The Mortgage Business plc v Green [2013] EWHC 4243 (Ch)
  • Cook v The Mortgage Business and other cases [2012] 1 WLR 1521, CA
  • Franks v Chief Land Registrar [2012] 1 WLR 2428, CA
  • Seeff and Seeff v Ho and Nu [2011] PLSCS 102, CA
  • Re North East Property Buyers Litigation [2010] EWHC 2991 (Ch), [2010] All ER (D) 275 (Nov)
  • Re 1 Captain’s Gorse, Upper Basildon [2009] UKUT 182 (LC), [2010] 1 EGLR 105

Trusts of Land

Daniel has significant experience of disputes regarding trusts of land

Recent and reported cases

  • Antoniou v Georgallides (2017, Lawtel)
  • Dispute between siblings regarding ownership of several properties
  • Dispute between former domestic partners over investment properties and quasi-matrimonial home

Banking & Finance

Daniel acts for mortgage lenders, large and small(ish), usually regarding securities that are challenged (e.g. due to alleged fraud) and securities in peril (e.g. mortgages over leaseholds facing forfeiture).

He is particularly in demand by mortgage lenders where land registration issues arise.  He has represented the Mortgage Business plc, part of the Lloyds Banking Group, successfully in the Supreme Court.

Reported cases

  • Santander UK plc v Fletcher [2018] EWHC 2778 (Ch)
  • Scott v Southern Pacific Mortgages Ltd, The Times 28.10.14; [2014] UKSC 52; [2015] AC 385
  • The Mortgage Business plc v Green [2013] EWHC 4243 (Ch)
  • Cook v The Mortgage Business and other cases [2012] 1 WLR 1521
  • Re North East Property Buyers Litigation [2010] EWHC 2991 (Ch), [2010] All ER (D) 275 (Nov)

Companies, Joint Ventures & Partnerships

Daniel has acted in many disputes between partners, usually where the partnership assets include land or buildings.  Such matters rarely litigate to trial, or at all, and are often confidential.  However, in recent times Daniel has acted in disputes concerning:

  • farming partnerships,
  • a GP partnership,
  • a partnership in a nursery school,
  • a restaurant partnership
  • a nursing home partnership.

Property Professionals

Daniel’s practice encompasses professional negligence claims against solicitors (see separate part of his profile), surveyors and valuers as well as architects.

Recent work

  • Acting in surveyor’s negligence claims relating to valuable residential property.
  • Advising architect facing allegation of negligence.

Directory recommendations

Daniel is recommended for Real Estate/Property Litigation in Chambers UK and Legal 500.

“a real authority on easements, manorial rights and land registration. He has impeccable judgement and guides a case in the right way at all times.” (Chambers UK)

“he delivers an excellent service and maintains a very high standard of quality.” (Chambers UK)

“knowledgeable about property and instils confidence.” (Legal 500)

“the consummate professional.  Calm under pressure, great with clients” (Legal 500)

Professional associations

  • Property Bar Association (formerly Secretary)
  • Chancery Bar Association
  • Professional Negligence Bar Association
  • London Common Law and Commercial Bar Association

Publications

Daniel contributed a chapter to “Commercial Property Practice: An Expert Guide” (2015, Wilmington Legal) and for several years was a chapter author for “Practical Civil Court Precedents” (Sweet and Maxwell).

Contributor to Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

Qualifications

  • Manchester University, BA (Econ)Hons in Politics and Economics
  • City University, Dip. Law
  • Judge of the First-tier Tribunal (Property Chamber, Land Registration)
  • ADR Group accredited mediator
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