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Lina Mattsson
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Lina is a specialist property practitioner who is widely recognised as an excellent trial advocate and for her common sense commercial advice.

Lina practises in the full range of property disputes, including commercial and residential landlord and tenant disputes, easements, restrictive covenants, adverse possession, and land registration. She has particular expertise in commercial property disputes, including development and joint venture agreements. She also acts in professional negligence claims involving property transactions.

She is regularly instructed in High Court, Upper Tribunal (Lands Chamber), FTT Property Chamber, and County Court hearings as well as a junior to leading counsel in the Supreme Court and the Court of Appeal. She also frequently represents clients at mediations and other forms of ADR.

Lina writes “Did you miss”, the monthly update on recent case law in Hardwicke’s property team newsletter.

In her spare time Lina enjoys hiking, diving and a Sunday roast with her family and friends in the pub.

Commercial Landlord & Tenant

Lina’s practice encompasses commercial, residential and agricultural property.

Recent Work:

  • Rabiu v Marlbray Ltd [2016] EWCA Civ 476; [2016] 1 W.L.R. 5147; [2016] 2 P. & C.R. DG21 (Court of Appeal), 24 May 2016; dispute concerning the enforceability of a contract for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel by joint tenants where only one proposed joint tenant participates. Lina led by Brie Stevens-Hoare QC.
  • Rabiu v Marlbray Ltd [2013] EWHC 3272 (Ch) (Chancery Division), 29 October 2013; disputed concerning the enforceability of a number of contract for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel. Lina led by Brie Stevens-Hoare QC.

Development

Lina advises on development issues such as restrictive covenants and easements, adverse possession, trespass, TLATA claims, Party Wall Act disputes, boundary disputes, and fixtures.

Housing (Social & Privately Rented)

Lina handles short term tenancy disputes such as refusal to consent, breach of tenancy etc.

Recent Work:

  • 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch); [2017] 1 P. & C.R. 8 (Chancery Division), 06 October 2016; dispute regarding a landlord’s unreasonable refusal to grant consent for assignments of residential leases in a prestigious development in Canary Wharf. Appeal to the Court of Appeal outstanding; Lina led by Jonathan Seitler QC.

Leasehold & Leasehold Management

Lina is experienced in dealing with the issues that arise with long leases such as enfranchisement, forfeiture and breach of covenant.

Recent Work:

  • East Tower Apartments Ltd v No.1 West India Quay (Residential) Ltd (Upper Tribunal (Lands Chamber)), 19 December 2016; service charge dispute relating to a landlord’s overcharge by several hundreds of thousands by double charging VAT and CCL to the lessees.
  • Patel v Patel unreported Westlaw; County Court (Southend), 04 April 2016; acting for the landlord in an opposed lease renewal pursuant s 30(1)(g) of the Landlord and Tenant Act 1954 Act.

Real Property & Mortgages

Lina has experience in all types of real property cases including disputes over the creation, ownership, transfer and protection of property interests or rights over property and the impact of relationship breakdowns and death.

Recent Work:

  • Pickard v Constable [2017] EWHC 2475 (Ch), (Chancery Division), 6 October 2017; possession of matrimonial home sought by Trustees in Bankruptcy against non-bankrupt spouse.
  • De Le Cuona v Big Apple Marketing Ltd, (Chancery Division), unreported (on Westlaw), 12 April 2017; dispute regarding an easement to park. Lina led by John de Waal QC.
  • Parr v Tiuta International Ltd [2016] EWHC 2 (QB) (Queen’s Bench Division), 12 January 2016; acting for a lender in relation to a challenge to a charging order on ground of the doctrine of merger upon judgment.
  • (on the application of Aguilar Quila) v Secretary of State for the Home Department  [2011] UKSC 45; [2012] 1 A.C. 621; [2011] 3 W.L.R. 836; [2012] 1 All E.R. 1011 (Supreme Court); challenge by way of judicial review.

Banking & Finance

Lina has a particular expertise in banking litigation regarding securities that are challenged on the basis of fraud or threatened by forfeiture.

Recent Work:

  • Parr v Tiuta International Ltd [2016] EWHC 2 (QB) (Queen’s Bench Division), 12 January 2016; acting for a lender in relation to a challenge to a charging order on ground of the doctrine of merger upon judgment.

Commercial Litigation

Lina is regularly instructed on contractual disputes. She is also experienced in obtaining and resisting applications for interim injunctive relief, including freezing orders.

Recent Work:

  • Pickard v Constable [2017] EWHC 2475 (Ch), (Chancery Division), 6 October 2017; Trustees in Bankruptcy claim against non-bankrupt spouse.
  • 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch); [2017] 1 P. & C.R. 8 (Chancery Division), 06 October 2016; dispute regarding a landlord’s unreasonable refusal to grant consent for assignments of residential leases in a prestigious development in Canary Wharf. Appeal to the Court of Appeal outstanding; Lina led by Jonathan Seitler QC.
  • Rabiu v Marlbray Ltd [2016] EWCA Civ 476; [2016] 1 W.L.R. 5147; [2016] 2 P. & C.R. DG21 (Court of Appeal), 24 May 2016; disputed concerning the enforceability of a contract for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel by joint tenants where only one proposed joint tenant participates. Lina led by Brie Stevens-Hoare QC.
  • Rabiu v Marlbray Ltd [2013] EWHC 3272 (Ch) (Chancery Division), 29 October 2013; disputed concerning the enforceability of a number of contracts for the purchase of leases of individual hotel rooms in the Park Plaza Westminster Bridge Hotel. Lina led by Brie Stevens-Hoare QC.

Publications

Contributor to Law Society’s publication “Risk and Negligence in Property Transactions”, Editor John de Waal QC, published in late September 2018.

Qualifications

  • LLB (European Legal Studies) Hons, Lancaster University, Lancaster, First Class (2004-2008)
  • Erasmus – Socrates, University of Seville, Spain, First Class with special mention (2006-2007)
  • Master of Laws, London School of Economics, London, Merit (2008-2009)
  • Bar Vocational Course, College of Law, London, Very Competent (2009-2010)
  • 2009 Sir Thomas More Bursary
  • 2008 Hardwicke Scholarship
  • 2007 – 2008 F H Lawson Prize
  • 2006 – 2007 Hart Publishing Prize
  • 2004 – 2005 Sweet and Maxwell Law Prize
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