Christopher Mann

Commercial Landlord & Tenant

Real estate litigation has always been a significant part of Christopher’s practice and he is very experienced in commercial landlord and tenant, including service charge disputes, rent reviews, dilapidations, breach of covenant claims, 1954 Act applications (opposed and unopposed), break clauses, forfeiture and guarantees, sureties and issues under the Landlord and Tenant Act 1995.

Landlord & Tenant

Christopher frequently deals with litigation, advice and drafting in the field of residential landlord and tenant, including possession actions, service charge disputes, rights of first refusal, breach of covenant disputes, forfeiture/enforcement and human rights issues.

Related selected cases

Khan v Mehmood [2022] EWCA Civ 791 and Khan v Mehmood (No.2 Costs) [2022] EWCA Civ 1075 (Court of Appeal) – submissions made to a Judge in 2014 amounted to a serious procedural irregularity and the 10% uplift established by Simmons v Castle [2013] 1 WLR 1239 applies to damages for breach of a repairing covenant
Stroud v Nagra (Ch 2013/0037) (David Donaldson QC) (October 2013) -successful resistance to an appeal from a judgment of HHJ Marshall QC in Central London (Chancery List) as to the interpretation of a lease/consideration of admissibility of fresh evidence
Cetyl International Group Inc v Cartwright (Court of Appeal)(July 2013) -appeal against a County Court strike out by reason of a failure to make an interim payment; compromised shortly before hearing
Lexi Holdings Plc v. Pandora Deborah Karen Maxwell (Oxford County Court) (2005) – possession proceedings in respect of Moulsford Manor, Oxfordshire, which attracted considerable national press coverage

Selected cases

Khan v Mehmood [2022] EWCA Civ 791 and Khan v Mehmood (No.2 Costs) [2022] EWCA Civ 1075 (Court of Appeal) – submissions made to a Judge in 2014 amounted to a serious procedural irregularity and the 10% uplift established by Simmons v Castle [2013] 1 WLR 1239 applies to damages for breach of a repairing covenant
ICC Arbitration (confidential) – junior member of a team of counsel engaged in a multi-jurisdiction energy-related arbitration. Advising and assisting particularly concerning challenge to the award under s.68 and enforcement; and in related Commercial Court guarantee proceedings.
Begum v Hossain [2015] EWCA Civ 717 – successful appeal to the Court of Appeal on the basis that an expert valuer of shares materially departed from his mandate.
OCC and Cherwell DC v Emaar Construction Ltd (HHJ Harris QC) (March 2014) (compromised)-including a number of novel points, central being whether a section 106 agreement was invalidated by reason of a planning condition in the related planning permission having been held to be ultra vires.
Stroud v Nagra (Ch 2013/0037) (David Donaldson QC) (October 2013)-successful resistance to an appeal from a judgment of HHJ Marshall QC in Central London (Chancery List) as to the interpretation of a lease/consideration of admissibility of fresh evidence.
Cetyl International Group Inc v Cartwright (Court of Appeal)(July 2013)-appeal against a County Court strike out by reason of a failure to make an interim payment; compromised shortly before hearing.
Ap (UK) Limited v West Midlands Fire and Civil Defence Authority v R, G and P Patel (QBD) (Master Fontaine) (2012) (HQ05X00341)- long-running non-party costs claim by the Fire Brigade against the Respondent Patels arising from QB actions stuck out in 1999 and 2005; consideration of the appropriate test for non-party directors’ liability for costs and apportionment of costs liability.
Eugene McLaughlin and others v Bradbury & Co Limited/Sunday Solutions Limited (claim HC10C00779)- claim on behalf of over 80 IT contractors for restitution/damages/tracing and other equitable remedies; action issued in 2010 and stayed following a public interest winding up petition presented against the defendant companies; several interlocutory hearings concerning Bankers Book/injunctive/disclosure applications.
Cada Design Group Limited v Magazini Familia Eood (QBD) (Dec 2009) (HQ0X02023)-successful claim for damages against a Bulgarian company; conflict of laws/English/Bulgarian company/restitution law.
Ascham Homes v All Leaseholders in the LB Waltham Forest (Lands Tribunal) (President; George Bartlett QC) (2009) (LT LRX/8/2009) – successful resistance on behalf of lessees to application by Ascham Homes, represented by Timothy Fancourt QC, for permission to appeal; consideration of the extent of the Tribunal’s implied jurisdiction to review a decision to refuse permission to appeal (also appeared at first instance before the LVT when successfully resisted Ascham’s attempt to have validated its noncompliance with service charge notification requirements for borough-wide refurbishment works) (LON/00BH/LDC/2007/0065).
Jafferali v. Jafferali (Central London Chancery List) (2007-2008): mortgage dispute/undue influence.
O’Sullivan v. O’Sullivan (Chancery Division) (2006) – validity of a cheque.
Alts Limited v. Ridgeway Motors (Isleworth) Limited [2005] 1 WLR 2871 [2005] EWCA Civ 92 – (Court of Appeal) – whether a bankruptcy/winding up petition statute barred by s.24 of the Limitation Act 1980 after 6 years (with Jeremy Callman).
Alts Limited v. Ridgeway Motors (Isleworth) Limited (No. 2) (Chancery Division) (2005) – case involving adverse possession issues and removal of the CPR automatic stay.
Lexi Holdings Plc v. Pandora Deborah Karen Maxwell (Oxford County Court) (2005) – possession proceedings in respect of Moulsford Manor, Oxfordshire, which attracted considerable national press coverage.
Philipps v. Forte (QBD and Central London Chancery List) (2003-2004): forfeiture/service charge dispute.
SIF v. David & Elaine Dunphy (QBD) (Oxford District Registry) (2002-2003) – successful resistance, acting for SIF, to an attempt to seek to avoid recovery of a mortgage shortfall by an alleged release of a guarantor.
Salako Agents Limited v. Aerometals BV & others (QBD) (Commercial Court) – (Claim No. 2001 Folio 963) (2002)– high value property development claim including misrepresentation issues – with Roger Ellis QC (leader) and Gabriel Buttimore (first junior).

Sample work

Advice in a misfeasance claim where a provisional liquidator had been appointed
Several successful mediations of, amongst other matters, a proposed claim for undue influence and for breach of a business sale and purchase agreement
Advice and representation in a long-running claim for restitution of monies from a former company director
Advice and representation in a trial for breach of restrictive covenants in a business sale and purchase agreement
Advice and drafting in a very large Chancery claim for financial mis-selling (with discreet additional claims before the FOS)
Advice and drafting in a maritime arbitration concerning jurisdiction
Freezing injunction before the Queen’s Bench Division in an alleged fraud case
Advice and drafting in a proposed claim for judicial review concerning the definition of micro-enterprise/eligibility/linked companies
Lease extension case concerning property in Chelsea against the Cadogan Estate
Case before the Property Chamber involving numerous issues as to express/implied easements/the rule in Harris v Flower/perpetuities
Multi-party case in the Chancery Division representing a foreign bank in respect of property sales alleged to have been the subject of misrepresentation/numerous conflict of laws points
Quantum Meruit claim in Oxford DR; valuation of a construction project in the light of the principle of “subjective devaluation” discussed in Benedetti v Sawiris
Claim in the Chancery Division for specific performance of a contract to transfer shares/damages
Several professional negligence claims against and for solicitors/surveyors brought by individuals and lending institutions in respect of alleged negligent conveyancing/handling of litigation (including leasehold enfranchisement)
Advising a member of a partnership regarding setting aside a deed of dissolution where Land Registry proceedings to set aside a TR1 on the grounds of non est factum were concurrent;
Advice and pleadings in a claim by a LLP against an alleged former member;
Advice and pleadings concerning a partnership dispute in Birmingham DR
Advice and representation in an unfair prejudice matter in the Companies Court
Advice and representation in a derivative claim in the Chancery Division
Advice and representation in a long-running possession claim where defence was that wife was in possession pursuant to an overriding interest
Advice concerning costs aspects of a case in the Supreme Court
Advice concerning costs in a long-running and high-profile matrimonial case involving very considerable assets and cross-border aspects
Advice relating to a director’s liability to a bank under guarantees; considerations of estoppel and variations to the guarantees
Advice and pleading on behalf of an individual whose funds were alleged to have been dissipated by a bank employee
Advice concerning breach of a restrictive covenant in a share sale agreement
Advice and representation in a dispute involving a religious institution and the extent of its right of way to process
Several advices for company directors and liquidators concerning unfair prejudice/just and equitable winding up and proceedings for misfeasance and setting aside preferences
A number of partnership disputes (including a claim by a firm against a former solicitor member and for dissolution of a partnership where there were numerous issues as to the extent of the partnership property)
A number of county court trials including issues as to proprietary estoppel; restitution/advancement of monies on trust/sale of timeshare apartments and possession/dilapidations claims
Advice and representation in a large building dispute; issues as to quantum meruit/overcharging and extent of retainer
Advice and pleadings in a large number of pure property matters; including claims under TOLATA/restitution for s.2 non-compliance where issues of illegality concerned/rectification of a lease
Advice to suppliers concerning retention of title
Ongoing advice and representation in claims under the Inheritance Act 1975
Advice and representation in claims for vesting orders/restoration to the register
Advice and representation in an action in the Chancery Division – undue influence/non est factum in relation to a deed of transfer/conflict of laws and probate (US probate proceedings concurrent)
Advice and representation in an action in the Queen’s Bench Division for an injunction to restrain an alleged breach of a motor distributorship agreement overseas
Defending an action in the TCC on behalf of a contractor to an employer’s claim for damages for defects and liquidated damages
Partnership dispute in the Chancery Division – re-opening of a previous accountant’s expert determination
Advisory work to a large public sector organisation relating to the Icelandic Bank collapse
Several costs cases in the Queen’s Bench Division/Senior Courts Costs Office
Advice and drafting in relation to a potential claim for damages for delay in reinstatement of business premises following earthquake damage

Appointments

Participant pro bono volunteer in CLIPS (Chancery Litigants in Person scheme) at the High Court’s Rolls Building
Judicial Assistant to the Court of Appeal (attached to Otton and Buxton LJJ) January – May 2000. Involvement in research and preparation of memoranda/briefing notes for Judges of the Court of Appeal (Civil Division) regarding a number of high profile and interesting cases.
Pupil Supervisor

Seminars/Publications

Regular provider of CPD-accredited talks and contributor to Chambers’ newsletters. Past topics have included the role of experts; rent reviews; preferences/transactions at an under-value; guarantees; the Community Infrastructure Levy and claims against financial advisers after Rubenstein.

Contributor to “Pleading in Arbitration: A Practitioner’s Guide” (2nd edition) (Walker QC and Clark) published by Sweet and Maxwell, 2017