QC clout without the QC attitude
Legal 500
He has an exceptional knowledge of the law and an excellent ability to provide clear, concise advice.
Legal 500
Very user-friendly
Legal 500
Razor-sharp legal mind which is alive to the practical application of the legal analysis
Chambers UK
He provides excellent, sharp and issue-focused advice
Legal 500
He is a very good team player with the solicitors and enjoys a very good rapport with clients. John is able to convey complex argument simply and eloquently, both in writing and in advocacy
John de Waal QC specialises in chancery and commercial work with a particular focus on property law and property-related professional negligence.
He is regularly instructed in complex property-related litigation in the Chancery Division and the Court of Appeal. In 2015 John appeared in the Supreme Court in Cavendish v Makdessi [2016] AC 1172, the decision that is now the leading case on the law of penalties. The directories say that he has a “Razor-sharp legal mind which is alive to the practical application of legal analysis” and “an exceptional knowledge of the law and an excellent ability to provide clear, concise advice.”
John has a very busy professional negligence practice acting for both claimants and defendants. His advocacy has been described as “…effective and persuasive, even under extreme fire.”
John is the editor of the title “Risk and Negligence in Property Transactions” published by the Law Society in October 2018.
John was a recent winner of Real Estate, Environment and Planning Silk of the Year at the Legal 500 Awards.
Mediation
John particularly enjoys working as a mediator and has acted as lead mediator in over 100 cases. For more information about John’s mediation experience please view his mediation profile.
Commercial Landlord & Tenant
John’s practice is principally concerned with commercial property. He advises and acts for landlord and tenants in cases involving break clauses, dilapidations, contested assignments, lease renewals and forfeiture. John also advises and acts on agricultural tenancies.
Relevant Work:
- Kivells Ltd v Torridge D.C. [2019] EWHC 2846 (TCC): agreement for lease, wastewater treatment plant, estoppel and [2019] EWHC 3210 (TCC) [2019] Costs LR 1987: Part 36 offers, indemnity costs
- NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] 4 All ER 339, CA: break clause, vacant possession
- Acting for major retailer in relation to allegations of breach of covenant in lease of retail premises
- Acting for tenant of commercial premises in connection with break clause/dilapidations claim where the issues is material compliance with covenants in the lease
- Acting for landlord in major dilapidations claim in dispute about novation of tenancy agreement
- Advising in relation to rent reduction clauses and the law of penalties
- Advising investor on issues arising on sale of a portfolio of shopping centres
- Acting on expert determination on sale of a portfolio of licensed premises
- Acting for a farm partnership in arbitration about valuation of deceased partner’s share
Development & Planning
John acts for developers in relation to issues that arise on site assembly, the exercise of options and pre-emption agreements, overage and land promotion agreements. He has a particular expertise in rights to light and party wall disputes.
John has contributed the Chapter on ‘Conditional Contracts, Options and Overage’ to the book he has edited for the Law Society “Risk and Negligence in Property Transactions”.
Relevant Work:
Real Property & Mortgages
Property law is at the heart of John’s practice. His clients are principally developers and owners of commercial property. John also works extensively for defective title insurers and professional indemnity insurers.
His cases tend to concern options, covenants, easements (in particular rights to light) as well as rentcharges and cases concerning the beneficial ownership of land.
Relevant Work:
Leasehold & Leasehold Management
John is experienced in dealing with long lease issues such as enfranchisement, service charge disputes, forfeiture, breach of covenant and right to manage. He is presently advising a number of clients about issues arising from unsafe cladding on tower blocks.
Relevant Work:
Property Professionals
John’s property expertise means that he is a natural choice for professional negligence disputes where the defendants are surveyors or other property professionals.
His expertise in relation to claims against legal professionals can be found at the Professional Liability – Legal Professionals section of his profile.
Relevant Work:
- Acting for claimant in £6m claim against surveyor in relation to negligence in claim for compensation for land compulsorily purchased for London Olympics
- Acting for defendant managing agents sued for failing to organise repairs to new-build block of flats in Battersea
- Acting for insurers of surveyor in relation to claim for negligence arising out of a rent review
- Acting for farm business agents in claim arising out of disputed succession to tenancy of an agricultural holding
- Acting for claimant in claim against building inspector for negligence in connection with survey of a development site
- Acting in claim against architect for negligence in connection with planning application for redevelopment of an 18th century pavilion at Hampton Court Palace
Legal Professionals
John has a particular expertise in property-related professional negligence disputes where the defendants are solicitors or barristers. He is the editor of “Risk and Negligence in Property Transactions” published by the Law Society in September 2018.
His expertise in relation to other property professionals can be found at the Professional Liability – Property Professionals section of his profile.
Relevant Work:
- Blakemores LDP v Scott [2015] EWCA Civ 999: s14A Limitation Act 1980; summary judgment
- Michael v Middleton [2013] 6 Costs L.R. 899: breach of trust claim against solicitor; application for relief from sanctions under CPR 3.9
- Mortage Express v Sawali [2011] PNLR 11 & (on costs) 2 Costs LR: delivery up of files to lender; s68 Solicitors Act 1988
- Acting for defendant solicitor in 40 linked cases where deposits paid to a UK agent for apartments in a Spanish property development lost on developer’s insolvency
- Acting for claimant in claim against barrister for negligent advice in relation to planning permission for redevelopment of site
- Acting for claimant in claim against two firms of solicitors for negligence in connection with advice given on leases and pre-emption agreements in relation to prime central London property
- Acting for claimant against former solicitors in £5m claim relation to defective drafting of overage clause
Professional Indemnity Insurance
John regularly advises and acts for insurers in relation to policy and coverage issues, particularly in the field of professional indemnity insurance. He also advises and acts on liability issues where he is a specialist in defending claims against solicitors, surveyors and other professionals arising out of property and planning related matters.
Relevant Work:
- Collins v Thanet D.C. [2016] EWHC 1008 (QB): local planning authority; misfeasance in public office
- Appointed by agreement between two PI insurers to advise in relation to coverage and which policy year the claim was notified
- Advising and acting for solicitor in arbitration with insurer in relation to allegation of dishonesty
- Acting for PI insurers in 40 linked cases arising out of loss of deposit paid to UK agents for apartments in development in Spain
- Acting for PI insurers in £2m claim where the allegation is negligence in connection with the drafting and negotiation of an option agreement
- Acting for PI insurers for managing agents sued for failing to organise repairs to new build block of flats in Battersea
Civil Fraud & Asset Tracing
Following his involvement up to the House of Lords in the leading case on economic torts OBG v Allan, John has developed a particular expertise in claims arising out of civil fraud – in particular cases involving the misappropriation of trust funds, diversion of business opportunities, misuse of confidential information and breach of fiduciary duty.
Relevant Work:
Directory recommendations
John is recommended in Chambers UK and Legal 500 both for property litigation and professional negligence. He is also recommended by Legal 500 as a mediator and as real estate and also professional negligence silk by the Who’s Who Legal. He is described as:
- ‘He is a very good team player with the solicitors and enjoys a very good rapport with clients. John is able to convey complex argument simply and eloquently, both in writing and in advocacy.’ (Legal 500)
- ‘He provides excellent, sharp and issue-focused advice.’ (Legal 500)
- “Very much a team player, responsive and good to deal with. He picks up good points and gives clear commercial advice.” (Chambers UK)
- “He is very commercial, gives realistic assessments of chances and is good on tactics.” “He is approachable and gets right into the detail.” (Chambers UK)
- “He gets to the point immediately and deals very adeptly with the client, even if they are unfamiliar with the area of law. It’s a really pleasant and a thoroughly modern approach.” “He has expert knowledge of the law and an authoritative air, and gives you an answer rather than a range of options.” (Chambers UK)
- “Razor-sharp legal mind which is alive to the practical application of the legal analysis.” (Chambers UK)
- “He has an exceptional knowledge of the law and an excellent ability to provide clear, concise advice.” (Legal 500)
- “He is effective and persuasive, even under extreme fire.” (Chambers UK)
- “Puts a lot of thought into strategy and is very easy to work with.” (Legal 500)
- “…provides good clear advice at the outset. He can deal with difficult clients and understands the drivers behind the decisions made by insurers.” (Legal 500)
- “Ruthlessly commercial, client-focused and supportive.” (Chambers UK)
- “His calm, self-assured manner instils confidence in clients.” (Legal 500)
Professional associations
- British Insurance Law Association
- Property Bar Association
- Professional Negligence Bar Association
Publications
- Contributor to Paul Reed QC’s Construction All Risks Insurance, Sweet & Maxwell, 2014.
- Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.
Qualifications
MA (Cantab)
