Gabriel Buttimore has considerable experience in all areas of property law, from easements to mortgages to property fraud and consequential issues of professional negligence.

Recent Cases

Tramperly v various: acting for the claimant in a professional negligence claim in relation to multiple property identity frauds, seeking relief against persons unknown and Norwich Pharmacal/Bankers Trust relief

TKC Housing Ltd v Magic Living (2024): acting for the defendant in a claim based on an oral right of pre-emption in respect of the long lease of a building.

LVN v Hamilton Downing & Quin (ongoing): £2m+ professional negligence claim against vendor’s solicitor arising out of a (failed) purchase of property from an offshore company which had the same name as the owner registered at the Land Registry but was registered in a different jurisdiction.

Bahia v Sidhu Chancery Division [2022] EWHC 875 (Ch): instructed on behalf of the claimant in a property partnership dispute in relation to £10m+ property portfolio involving significant issues of property, trust and partnership law. Trial of main inquiries took place over several weeks in 2022 (report reference above) and the dispute is ongoing.

Re XX (2023): Advising on property identity fraud which resulted in the sale of a client’s property without his knowledge.

East Marsh Regeneration Ltd v Ogedengbe (ongoing): (report on interlocutory application within an unsuccessful appeal: Ogedengbe v East Marsh Regeneration Ltd [2021] EWHC 3630 (QB) 19 Nov 202): Property JVA dispute. Acting for the claimant who provided funding for joint venture and paid off the defendant’s bridging loan. Summary judgment obtained in relation to claim for subrogation which was the subject of an unsuccessful appeal. Proceedings ongoing in relation to a claim in fraud/deceit.

Fraine v Foy Chancery Division (2021): (report on interlocutory hearing: Fraine v Foy Chancery Division [2021] EWHC 2302 (Ch)): Acting for the claimant in the successful enforcement of his equitable charge against the defendant who alleged fraud and forgery. 

Mahdavi v Sterling Avram and others (2018-2021): acting for one of the defendants (a firm of solicitors) in a professional negligence claim arising out of a £10m property identity fraud.

Medwell v Howarth and others (2021): successfully defending claim at trial in relation to boundary and access issues over a tract of land near Stansted Airport.

Emmanuel v Avison [2020] EWHC 1696 (Ch): acting for the claimant in seeking a negative declaration in relation to a charge secured against her property on the basis of the document being a fraud and forgery. Claim failed on the basis of the application of the burden of proof. Reference above is to the unsuccessful appeal hearing against that decision. The Court determined that it was for the claimant, as instigator of the claim, to establish that the fraud had taken place and not for the defendant to establish that the Claimant had executed the relevant documents.

Alade v Mayer, Chancery Division [2020] EWHC 1736 (Ch): acting for the claimant in relation to an order for sale following obtaining a charging order. Report reference above is to an unsuccessful applicant to, amongst other things, discharge the underlying charging orders (which failed).