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 Cavendish v Makdessi [2016] AC 1172, the decision that is now the leading case on the law of penalties.
John has a very busy professional negligence practice, acting for both claimants and defendants. He is regarded by professional indemnity insurers and their panel firms as someone who “…provides good, clear advice at the outset. He can deal with difficult clients and understands the drivers behind the decisions made by insurers.”
John is the editor of the title “Risk and Negligence in Property Transactions”, published by the Law Society in September 2018.
John was Real Estate, Environment and Planning Silk of the Year in the 2017 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:
- 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
- Acting in professional negligence claim arising out of disputed succession to tenancy of an agricultural holding
Development
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:
- Dillard v F&C Commercial Property Holdings Ltd [2014] C.I.L.L. 3317: party wall appeal
- Walton Homes Ltd v Staffordshire County Council [2013] 1 P.& R. 10: overage agreement; expert determination provision
- Acting for landowner in dispute with developer over interpretation of overage agreement in a dispute worth £20m
- Acting for landowner on lease and rights to light on development adjacent to the East London Mosque
- Advising NHS Property Services on transfer of real estate
- Acting for developer of the Rolls Building on an appeal from an Award under the Party Wall Act
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:
- Cavendish v Makdessi [2016] AC 1172: parking charges; penalty clauses; unfair terms
- De Law Cuona v Big Apple Marketing Ltd [2017] EWHC 3782 (Ch): lease; easement to park
- Sands v Singh [2016] EWHC 636 (Ch): bankruptcy; matrimonial settlement; transaction at an undervalue; sham charges
- Cantelmi v Hart [2016] UKUT 35 (TCC): registered boundary
- Hakmi v Hakmi [2014] EWHC 1444 (Ch): development in Dubai; sham charges; res judicata
- Acting for landowners in Looe, Cornwall whose properties have been damaged by landslips
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:
- Spielplatz Ltd v Pearson [2015] 2 P&CR 17, CA: status of occupiers of a chalet built on a plot of land in a naturist resort
- Murphy v Wyatt [2011] 1 WLR 2129, CA: caravan sites; application of Mobile Homes Act 1983
- Haralambous v Anders [2013] EWHC 2676 (QB): forfeiture; adequacy of s.146 notice
- Advising developer about liability to replace cladding on tower blocks
- Advising in relation to professional negligence claim arising out of defective notice in enfranchisement proceedings
- Advising in relation to rights to light as between tenants and landlord in residential block
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
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:
- Sands v Singh [2016] EWHC 636 (Ch): bankruptcy; matrimonial settlement; transaction at an undervalue; sham charges
- R v Evans [2014] 1 WLR 2817 and [2015] 1 WLR 3526: mining leases; restoration obligations; transfers at an undervalue
- Hakmi v Hakmi [2014] EWHC 1444 (Ch): partnership dispute about development in Dubai; res judicata; conflict of laws
- OBG v Allan [2008] 1 AC 1, HL: property development company; tort of interference with contractual relations
- Advising in Bahamas case about breach of trust and diversion of business opportunity in hotel and leisure development
Directory recommendations
John is recommended in Chambers UK and Legal 500 both for property litigation and professional negligence. He is described as:
- “Ruthlessly commercial, client-focused and supportive.” (Chambers UK)
- “His calm, self-assured manner instils confidence in clients.” (Legal 500)
- “He is very approachable and very responsive.” (Chambers UK)
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)