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Desmond Kilcoyne - 42BR Barristers

Desmond Kilcoyne

Call 1990
Telephone 020 7831 0222 | Email [email protected]

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Desmond Kilcoyne

Call 1990
Telephone 020 7831 0222 | Email [email protected]

Profile Privacy Notice vCard

If your legal problem is connected in any way to a piece of land, Desmond will tackle it (although he leaves planning law to others). His practice includes all kinds of disputes which arise out of developments and conveyancing, all types of commercial and residential landlord and tenant matters, as well as social housing problems (including homelessness). He acts for property owners, landlords and tenants and professional advisors at every stage.

In the last year, he has been involved in:

  • A claim by a man to a co-ownership share in the multi-million property portfolio and letting business of his former fiancee
  • A rectification of title claim to establish easements of prescription so as to benefit a proposed development
  • An action against a bridging finance company for failure to comply with their equitable duties when selling mortgaged property
  • A service charge dispute where the leaseholders of a local authority are seeking to prevent the authority dispensing with consultation requirements
  • A professional negligence dispute arising out of an inadequately drafted mortgage arrangement
  • A nuisance case concerning damage caused by naturally flowing water
  • A number of business tenancy claims, rent reviews, boundary and other neighbour disputes, possession and disrepair actions

Selected cases

  • Ellis v Lambeth L.B.C. [2000] 32 HLR 596, CA (adverse possession and estoppel
  • Lambeth L.B.C v Howard [2001] 33 HLR 58, CA (the first case on human rights in the context of a local authority tenancy
  • Delsol v Lambeth [2002] EWCA 1894, CA (human rights challenge to the absolute fetter on sub-tenancies in Housing Act 1985
  • Bodle v Coutts & Co. Lawtel, [2003] EWHC 1865 (Ch) (whether assertion of solicitor’s lien on documents is in breach of a litigant’s Article 6 rights
  • Lyons v Gardner [2007] EWCA Civ 259 (nuisance action brought by neighbour
  • Worrall v Topp [2007] EWHC 1809 (Ch) (expert determination of boundary dispute
  • Loveridge v Lambeth [2013] 3 All E.R. 261 & the Estates Gazette Digest at [2013] 21 E.G. 106 (C.S.)

Publications

  • Regular columnist on property and housing matters in ‘Ask the Experts’, Sunday Times, Home Section
  • Member of Editorial Board of Emis Property Service (publication dealing with all aspects of commercial and residential property law
  • Author of Leaseholder Management (Lemos & Crane)
  • Former Contributor of titles on Mortgages, Sale of Land, Restrictive Covenants in Atkin’s Court Forms (Butterworths)

Other information

Desmond is married to another barrister (who practices in media law) and he enjoys regular relaxing games of chess, bouts of kendo etc. with her. When not at work, Desmond keeps his hand in by conducting nightly appeals by his 3 young daughters to review the decisions of his wife. His own first instance decisions are invariably ignored and/or quashed although one was upheld back in ‘64. He loves: wine, Italy, speaking French, cooking and rugby.

Areas of Expertise


Professional Memberships

  • Property Bar Association
  • Chancery Bar Association
  • Founder Member of Social Housing Law Association

Education

  • Tonbridge School
  • University of Southampton (LLB (Hons) 2.1)
  • King’s College, London (LLM)

Scholarships & Awards

  • Inner Temple Examination Scholar (1990)

Related News

Succession Claim Fraud

Succession Claim Fraud

Recording of our final webinar in our Social Housing Webinar Series 2024, 'Succession Claim Fraud'.

Published: 6th Nov 2024

Financial Remedies Webinar Series

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42BR's Family Group is pleased to present a webinar series, comprising of three sessions, in which they will explore different elements of financial remedies cases.

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‘Fitness for Human Habitation’ Day

‘Fitness for Human Habitation’ Day

Today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 comes into force; introducing new sections 9A, 9B and 9C into the 1985 Act.

Published: 20th Mar 2019

Desmond Kilcoyne instructed in Paul Alibert David -v- Audra Catherine Wamsteker

Desmond Kilcoyne instructed in Paul Alibert David -v- Audra Catherine Wamsteker

Desmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late mother’s jewellery collection. The legal issues include

Published: 17th Apr 2018

Damages for unlawful eviction by a local authority

On 21st October, 2014, Desmond Kilcoyne appeared in the Supreme Court on behalf of the London Borough of Lambeth in a case where the Borough, in their capacity as a landlord, unlawfully evicted a secure tenant, Mr Loveridge. The judgment is awaited. The appeal concerns the approach which must be taken to the calculation of

Published: 30th Oct 2014

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