Philip Byrne

philip byrne
View LinkedIn profile

Email: clerk@stjohnsbuildings.co.uk

Phone: 0161 214 1500

Year of call: 1999

Book Barrister

Top_tier_firms     Top_tier_firms

“Recommended for contractual interpretation disputes.” Legal 500 2016

“Polite, diligent and down to earth.” Legal 500 2015

 

Philip was called to the Bar in 1999 following 10 years’ working within property management and development, both in private practice and social housing.

Philip attended Nottingham Law School where he was warded ‘Very Competent’ on the Bar Vocational Course and was placed joint first in year in Civil and Criminal Advocacy and first in year in Landlord and Tenant. He has a degree in property management and development and is a one-time member of the Chartered Institute of Housing and Royal Institution of Chartered Surveyors.

Philip practises in all areas of real property (both residential and commercial) including landlord and tenant, construction disputes, as well as general contract work and professional negligence work associated with or arising from property and construction matters.

Other Qualifications / Achievements

Middle Temple – Joseph Jackson Prize
London Borough of Hammersmith and Fulham undergraduate scholarship
SAUS (Bristol University) Dissertation Prize
TI student award
One time member of the Chartered Institute of Housing and Royal Institution of Chartered Surveyors

Memberships

Middle Temple

Appointments

Accredited for Direct Public Access instructions

Legal Directory Recommendations

Philip is described as ‘bright and thoughtful’ in The Legal 500 2013 and is recommended for land and property matters. “Knowledgeable across a wide range of commercial agreements.” – Legal 500 2014

Solicitor Recommendations

“Philip’s encyclopaedic knowledge of land law coupled with his approachability and pragmatism had a significant impact on the mediation process and on my job as mediator, helping the parties reach a satisfactory settlement. Here is a barrister, who clearly knows his stuff and uses that knowledge appropriately to fight his client’s corner, in either a litigation or mediation context.” Brian Dawson – Mediator and Senior Partner, Walker Smith Way Legal.

Expertise

  • Property and Private Client

    Philip has developed considerable expertise in advising and representing a broad spectrum of clients, both ‘professional landlords’ with large portfolios as well as single business tenants with limited experience and budgets. He is focused on achieving the best commercial outcome for his clients; providing practical legal, tactical and technical advice.

    Philip is very experienced at drafting contentious and non-contentious and transactional documents under tight timescales. He regularly drafts and reviews transactional and contractual documents for individuals and firms, both in his name and ‘white label’ work.

    Philip’s Property work includes:

    Landlord and Tenant

    • Advising landlords and tenants on documentation drafting, structuring complex transactions, tenancy management and enforcement, lease renewal and construction
    • Lease renewals
    • Break clauses
    • Advising on rights of occupation including licences and tenancies at will
    • Rent reviews including drafting Arbitration submissions on behalf of surveyors in disputed comparables
    • Dilapidations
    • Service charge disputes
    • Interpretation and enforcement of agreements for lease and development
    • Lease extensions
    • Surrenders.

    Real Property

    • Mortgage default and enforcement
    • Advising in matters concerning the existence and enforceability of easements and restrictive covenants including Rights to Light
    • Adverse possession
    • Rectification
    • Registration
    • Advising on Party Wall issues.

    Trusts

    • Creation of express and constructive trusts including TOLATA
    • Advising trustees and beneficiaries in relation to dealings and disputes (including SIPPS).

    Housing

    • HMO enforcement (including acting for defendants in prosecutions)
    • Leases and tenancy agreements
    • Rents and service charges
    • Tenancy deposits
    • Security of tenure and possession proceedings
    • Introductory and demoted tenancies
    • Housing conditions and disrepair
    • Unlawful eviction and harassment
    • Housing benefit fraud.

    Book BarristerBack to top
  • Professional Negligence

    Acting in professional negligence claims relating to property professionals including surveyors, solicitors and architects. He frequently advises on transactional oversights, document drafting and conveyancing mistakes, together with building inspection and valuation errors.

    Philip acts in construction disputes and has a detailed practical knowledge of construction methods, offering a relatively unique understanding and approach to resolving the wrangles that frequently arise.

    Book BarristerBack to top
  • Company and Commercial

    Philip acts in various contractual disputes including the interpretation of Contracts.

    Philip regularly appears in the County and High Courts, The Property Chamber, Arbitrations, and the Magistrate’s Court (HMO prosecutions). He also frequently appears in Mediations. His practice is evenly split between Claimant/Applicant and Defendant/Respondent work.

    Philip is accredited by the Bar Council to undertake direct public access work and has advised and represented a significant number of individuals and small business on this basis.

    Cases

    B v W (2014): Represented a vendor in a damages claim following a purported misrepresented relating to the description of a property, in a claim for damages and following an unsuccessful boundary dispute (three day hearing).

    S v S (2013): Conversion. Represented a claimant against her ex-husband who had retained her car and other property.

    T v T (2013): Acting for trustees relating to duties and enforcement of the trust.

    S v M (2013): Acting for claimant purchaser in a negligent building survey.

    G v P (2014): Lease forfeiture. Represented a well-known horse trainer in his High Court claim for illegal forfeiture of a mixed-use stables and residential accommodation, including obtaining an injunction to re-enter.

    H v W (2013): Acrimonious boundary dispute. Mediation agreement achieved on favourable terms, following several months of hostile and protracted dealings.

    S v P (2013): Acrimonious easement dispute. Mediation agreement achieved on favourable terms, following several months of interruption.

    L v Y (2014): Construction Arbitration – initial claim valued at £213,000. Claim dismissed save £8,500 (being marginally more than settlement offer).

    MSD v FM (2014): Wasted Costs Order against defendant solicitor where FM’s case was ‘doomed to fail from the outset’.

    Book BarristerBack to top
  • ADR and Mediation

    Philip is a qualified mediator.

    Book BarristerBack to top