Wayne Clark Called 1982 Tel +44 (0)20 7353 2484 clerks@falcon-chambers.com falcon-chambers.co.uk Practice Summary The Legal 500 has commented that clients seek out Wayne for QC level advice. Wayne is known for his vast legal experience and knowledge and has been said to be a prolific writer of leading works in his field. He is also known to be very skilled and effective at cross examining experts of any discipline. Wayne provides an immense amount of advisory work in addition to his litigation practice His practice embraces all aspects of real property law, although principally relating to commercial property disputes. In particular: He is well known for his advice on business tenancies of which he is the co-author with Kirk Reynolds QC of the leading work, Renewal of Business Tenancies Law and Practice 5th ed (December 2016). Wayne is a leading light on the telecoms code, his seminal paper as part of the Blundell Lecture series in 2011 on the old telecoms code being cited at length in the Law Commission s consultation paper which ultimately led to the implementation of the New Code in 2017. He has collaborated with several others in Chambers to author the forthcoming (Summer 2018) work on the New Code. He also undertakes both mortgage and receivership related work, particularly with respect to priority disputes, being the editor of the well-known and established book on mortgages, Fisher and Lightwood s Law of Mortgage, 14th ed (2014). Wayne s practice also covers easements (including rights of light disputes) and restrictive covenant disputes with respect to their interpretation, enforcement and their modification or discharge. vendor and purchaser disputes land registration, including: registered dispositions; priorities, notices and restrictions; alteration and rectification of the register
rent reviews dilapidations tenants rights of first refusal (of which, again, Wayne is a co-author of yet another leading work in the field, Tenants Rights of First Refusal, with Anthony Radevsky of Chambers) (3rd edition, 2017) enfranchisement work, He undertakes a substantial amount of work on development, joint venture and overage agreements, property related professional negligence and SDLT Professional Professional Called 1982, Middle Temple Recent Cases Notting Hill KCS Ltd v Waterstones (2015)( restoration of ground (f) opposition previously abandoned) Chetwynd v Tunmore (2016) (claim for damages to commercial fishery in nuisance, negligence and under the Waters Resources Act arising from excavation of adjoining land) Blackwell v Bailey (2016) (whether use of house breach of restrictive covenant not to carry on business) Santander UK Ltd v Keystone Holdings Ltd (2016)(summary judgment under ground (f)) Mildmay v Soho Estates (2015)(opposition to renewal of grounds of redevelopment under ground (f) of 1954 Act) WH Smith v MP Kings Retail (2015)(determination of rent and interim rent under 1954 Act) Capgemini UK plc v Global Switch (2015) (determination of rent under s.34 of the 1954 Act for data storage centre) Arqiva v Crest Nicholson (2015) (validity of para 20 notice under Electronic Communications Code) Newhaven v McLagan (2015) (enforcement of agreement for lease, estoppel by convention) Capgemini UK plc v Caldergreen (2014) (determination of interim rent under 1954 Act) Danriss Group plc v Randall (2014) (attempt by purchaser to rescind contract on grounds of fraudulent and negligent misrepresentation) LCP Securities Ltd v Arcadia Group (2014) (terminal dilapidations claim by landlord) Meyer v Chalcot Road Ltd (dilapidations claim by tenant) Capgemini UK plc v Global Switch (2014) (determination of terms of new lease of data centre premises under 1954 Act) Asda v Apcoa Parking (2013/2014) (account and determination of valuation formula under car parking agreement in connection with parking provided for supermarket) Centraland Management LLP v HSBC Bank Pension (UK) Ltd (2013) (extent of arbitrator s powers and duties with respect to costs). Kaupthing Singer and Friedlander Ltd v Mitchell (2013) (foreign currency charge, and enforcement of legal charge resisted on grounds of misrepresentation and undue influence) Q-Park Ltd v Central Regeneration Ltd (2013) (dispute over whether construction of car park floor plate complete in connection with Liverpool Central development) MW30 Ltd v B&L Accor 4 Ltd (2013) (rights of light dispute cornering central London development) Bower Terrace Student Accommodation Ltd v Space Student Accommodation (2012), extent to which receivers can ignore existing contractual arrangements when taking over management. Impact Bridging v Brennan (2012) claim of forgery in connection with lending. Friend LLP v Mourant (2012) service charge liability under commercial lease. Re Trott Plant Hire (2012) claim of procedural unfairness in connection with procedure adopted by Leasehold Valuation Tribunal. Trustees of Coleford Bowling Club v Trustees of Angus Buchanan (2012) opposition to renewal under the 1954 Act in reliance on ground (g)(own occupation) Glenmere plc v F.Stokes and Sons Ltd 2008 Ch.D.(whether a development agreement under
which a developer was seeking planning permission was properly rescinded by the owner) Ultimate Leisure v Tindle 2007, Court of Appeal. (the effect on contracts of sale of a freehold interest in land of an agreement to surrender a tenancy as a term of the contract). Morden College v Mayrick 2007, Court of Appeal (the sanctity of compromise agreements and the question of title to land). Berkeley Community Villages Limited v Pullen 2007 Ch.D (whether a development/consultancy agreement contained an implied term by the land owner not to dispose of it prior to the planning permission being obtained) Goldeagle v Thornbury 2007 (Leasehold Reform, Housing and Urban Development Act 1993. Meaning of terms of acquisition and the whether such had been agreed). GLN (Copenhagen) Southern Ltd v ABC Cinemas Ltd [2004] PLSCS 214, CA(effect of restrictive covenant re cinema use) Lay v Ackerman [2004] EWCA Civ 184, CA (validity of notice under s.42 of the Leasehold Reform and Housing Act 1993 where name of landlord misdescribed) Northern and Midland v Magnet [2004] EWHC 120, Ch.D (whether time of the essence for appointment of arbitrator to determine rent on review) Tennero v Majorarch [2003] EWHC 2601, Ch.D (rescission of contract of sale and recovery of deposits) Royal Bank of Canada Trust Corp v Secretary of State [2003] EWCH 1739, Ch.D (operation of break clause)re Broomheads Application [2003] 2 EGLR 157, Lands Tribunal (modification of restrictive covenant as to limitation on building houses) John Lewis Properties plc v Commissioners of Inland Revenue: [2003] Ch 513, CA (whether receipt was capital or income) Swainland Builders Ltd v Freehold Properties Ltd [2002] EWCA Civ 560, [2002] 23 EG 123, CA (rectification of sale agreement where no consideration given as to what was to happen to two vacant flats in block) Surrey CC v Single Horse Properties [2002] 4 All ER 143, CA (effect of cessation of business occupation where tenant has made application for a new tenancy before the contractual term date) Commercial Union v Label Ink [2001] L&TR 380 (break clause - meaning of "material breech") Banks v Kokkinos [1999] 3EGLR 133 (rent review). Pearl v Esselte [1997] 1 EGLR 73 (1954 Act - date of termination of tenancy). BT v Sun Life [1995] 2 EGLR 44 (repairs - date of breach). Dickinson v Enfield BC [1996] 2 EGLR 88 (improvements/repairs under right to buy). Mount Cook v Hartley (relief from forfeiture for breech of alienation covenant) Publications Tenants' Right of First Refusal, 3rd edition (2017)(co-Author) Contributor to Charging Orders, Law and Practice (2013) Renewal of Business Tenancies Law and Practice, 4th ed (2012) (co-author) Co-ordinating editor and contributor to Fisher & Lightwood's Law of Mortgage, 13th edition. (2010). Contributor to Hill & Redman's Law of Landlord and Tenant. Published Comments "Handles a good deal of commercial property disputes, and is an expert on business tenancies. He also advises on development, joint venture agreements and overage provisions. Strengths: 'Extremely approachable and has a very good client manner.' 'Excellent grasp of the legal and commercial issues.' 'Very detailed, thorough and a good advocate.' Recent work: Acted for Sainsbury's in proceedings for lease renewal of premises and in related claims for compensation." Chambers UK Guide 2019 (Real Estate Litigation)
"Super bright, approachable with superb attention to detail."legal 500 2018 "Handles a good deal of commercial property disputes, and is an expert on business tenancies. He also advises on development, joint venture agreements and overage provisions. Strengths: 'He is a go to person for heavyweight technical advice on 1954 lease renewals.' 'Very practical, very commercial, very sensible and incredibly responsive'. Chambers UK Guide 2018 (Real Estate Litigation) "He has the skill set of a silk and an outstanding command of landlord and tenant law".legal 500, 2017 Winner - Real Estate Junior of the Year 2016 Chambers UK Bar Awards Handles a good deal of commercial property disputes, and is an expert on business tenancies. He also advises on development, joint venture agreements and overage provisions. Strengths: He knows the area inside out, and he s very good on paper. He is charming but deadly. He stuck the knife in, in a very charming way. Chambers UK Guide 2017 (Real Estate Litigation) "Sources strongly endorse Wayne Clark for his 'commercial and practical advice' and his 'persuasive, non-abrasive style'. His practice covers a wide range of property law, specialising in business tenancies".who's Who Legal 2017 "He has oracle like knowledge and is a formidable advocate in court."legal 500, 2016 "Focuses his practice on the commercial property sector. He often undertakes instructions in development matters, including joint venture and overage issues. Strengths: 'He is a good advocate and a really bright chap.' 'If you want someone who s going to carry authority, it s him. He s really good with clients too. He will fight very hard and help preserve the relationship between the solicitor firm and the client'. Chambers UK (2016) "An intellectual team player, and skillful in fielding the ball from left field". The Legal 500 (2015) "Advises and litigates in all areas of real property law, but is particularly adept at handling commercial property disputes. His advice on business tenancies is particularly sought after. Expertise: 'His advice is clear and comprehensive, and he is very good with clients.' 'A very clever man and a very good fighter in court'." Chambers UK (2015) "A good advocate and very able in mediations." The Legal 500 (2014) "Wayne Clark is noted as an expert on the Landlord and Tenant Act 1954, he receives high praise from clients and peers alike, and has an in depth knowledge of business tenancies. He also has significant experience of advising clients on developments and joint venture agreements. Expertise: 'Offers silk level advice from a senior junior. Very responsive nothing is too much trouble'.'practical and direct, he cuts through the detail in a clear way'." Chambers UK (2014) "Wayne Clarke, who is equal to, or better than, many silks ".The Legal 500 (2013) "Wayne Clark s wide ranging practice is largely focused on commercial property disputes. Sources suggest that he 'is very academic and has a good client manner'. He recently appeared in
Arnold v St Martins Property, successfully resisting the claim of stall holders that they had rights to occupy a prominent City of London retail and office site." Chambers UK (2013) "Clients seek out Wayne Clark for 'QC level advice' ".The Legal 500 (2012) "The 'inventive and determined' Wayne Clark gives 'prompt commercial advice and has an immediate understanding of the business objectives involved in a case.' He recently appeared in the Court of Appeal, succeeding in enabling Aviva to recover monies from a joint venture partner whom it had gone into business with regarding a development in Bristol."Chambers UK (2012) "Wayne Clark is 'a very safe pair of hands', receiving 'top marks for client service' ".The Legal 500 (2011) "Wayne Clark 'is extremely good and has the widest, most impressive practice at the Junior Bar', say sources. He recently successfully acted for the defendant in the trespass case Fairacre Investments v Earlrose Golf and Leisure."Chambers UK (2011) "Wayne Clark 'continues to impress as a consistently first-class lawyer' "The Legal 500 (2010) "Wayne Clark wins plaudits for being 'diligent, client-friendly and a clear expositor'. When not being 'superb in court' he is writing about law and recently co-authored a reference book on tenants right of first refusal". Chambers and Partners (2010) Wayne Clark is praised for the authoritative nature of his legal advice.the Legal 500 (2009) "The "technically superb" Wayne Clark specialises in commercial property and rent reviews, as well as traditional real estate disputes. "A reliable operator" he has recently been acting in an arbitration regarding the the valuation of a multimillion-pound development site; he has also been to the Court of Appeal recently, appearing in Morden College v Mayrick, a case concerning the sanctity of compromise agreements and questions of title to land. Solicitors "wouldn't hesitate to instruct him on the most critical of cases".chambers & Partners (2009) "Wayne Clark who backs his judgement in court and possesses astonishing subject knowledge". The Legal 500 (2008) "Wayne Clark provides solicitors and clients with "sound, practical advice".chambers and Partners (2008) "Wayne Clark has a "fantastic client manner" who "must take silk soon".the Legal 500 (2007) "Wayne Clark is a`typical example of the "intensely focused and tough" juniors at Falcon Chambers". Chambers and Partners (2007) "Wayne Clark is very accessible"the Legal 500 (2006) "Wayne is "smart and very impressive on paper". Like many of the advocates at this set, he is both "gives his all".chambers and Partners (2006) Listed as a Leading Junior in Property LitigationThe Legal 500 (2005) Of the Juniors, interviewees say that Wayne Clark "always provides a rapid response" and gives "thorough and practical advice, delivered in a digestible way that clients can understand." Chambers and Partners (2005)
Listed as a Leading Junior in Property LitigationThe Legal 500 (2004/2003) "Of the juniors, someone who is getting "better and better all time" is Wayne Clark".Chambers and Partners (2003/2004) Listed as a Leading Junior in Property LitigationThe Legal 500 (2002) "Thorough and technical, Wayne Clark has niche expertise in business tenancies".chambers and Partners (2002/2003) Listed as a Leading Junior in Property LitigationThe Legal 500 (2001) "Wayne Clark is reckoned to have a fantastically wide understanding of the law".chambers and Partners (2001/2002) Listed as a leading juniorthe Legal 500 (2000) Bright Wayne Clark brings a wider view to cover all angleschambers and Partners (2000/2001) "recommended for his good paperwork"chambers and Partners (1999/2000) Listed as a leading juniorthe Legal 500 (1999) "Quick and bright"the Lawyer (February 1999) "Down to earth... a rising star"chambers Directory (1998/99)