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Philomena Harrison

Call: 1985

Overview

Philomena is an experienced property litigator. Her broad practice encompasses all areas of property law (including non-contentious matters) and related professional negligence claims.

Her practice also includes general chancery and commercial litigation. She regularly advises companies, including banks and other financial institutions, and individuals on a wide range of real property and landlord and tenant disputes and matters. Her practice is predominantly court-based and she appears in the High Court, the Court of Appeal as well in the County Courts.

 

Recommended for Real Estate in Chambers UK Bar Guide (since 2004) and for Property Litigation in The Legal 500 (since 1997) Philomena has been described as “a highly respected property litigator” who is “fiercely intelligent” and “very commercial”. She has appeared in major reported cases on rights to light and the assessment of damages in lieu of an injunction.

With extensive experience in ADR, Philomena has appeared in arbitrations and at mediations and has also acted as a mediator. 

Philomena is Public Access qualified and able to accept instructions directly from members of the public. Further information may be obtained from the Maitland Chambers’ clerks.

Terms of Business 

Philomena’s clerks would be happy to discuss the terms on which Philomena will act. In the absence of express agreement in writing to the contrary, Philomena accepts instructions on the basis of the Bar Standards Board’s Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time).

“A fantastic combination of brilliance and practical application." "A safe pair of hands and very knowledgeable on the law.” (2021)

Chambers UK
Real Estate Litigation

“Extremely pleasant, knowledgeable and pragmatic.” (2020)

Chambers UK
Real Estate Litigation

“Provides clear, commercial advice on complex issues." "Represents a fantastic combination of intellectual brilliance and practical application.” (2019)

Chambers UK
Real Estate Litigation

“Easy to work with and no-nonsense in her outlook." "She has a very strong court presence.” (2018)

Chambers UK
Real Estate Litigation

Expertise

Overview

Philomena’s practice comprises the spectrum of property litigation advising and representing commercial clients in a wide range of disputes.

Cases:

  • Bank of New York Mellon (International) Limited v Cine-UK Limited [2021] EWHC 1013 (QB) – leading case (with two others) concerning the recoverability of commercial rent arrears in the pandemic raising important issues concerning the proper interpretation of rent cesser provisions and pandemic insurance.
  • Fouladi v Darout Ltd El-Kerrami and St Mary Abbot Court Limited [2018] 12 WLUK 363 – successfully representing the Respondent freeholder/landlord in an important appeal on a noise nuisance claim raising issues as to what constitutes an actionable noise nuisance, the extent of a landlord’s liability in nuisance, and when an appeal court will review findings of fact made by the trial judge.
  • PH21 Residential Limited v Oksosieme – successfully defending claim for return of deposit on a portfolio contract where contract validly terminated and deposit forfeit.
  • Lakhani v Mahmud [2017] 4 Costs LO 453 : [2017] 1 WLR 3482 : [2017] 7 WLUK 53 – successful appeal for relief from sanctions.
  • TBAC Investments Limited (acting by Fixed Charge Receivers) v Valmar Works Limited [2015] EWHC 1213 (Ch) – obtaining summary judgment in a claim concerning a disputed notice to complete.
  • Coles & Ors v Samuel Smith Old Brewery (Tadcaster) Limited and Anr [2015] Chancery Division – assessment of price payable under an option agreement where the agreement contained no terms as to valuation.
  • Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies [2014] EWCA Civ 154 – appeal concerning the proper construction of the terms of a pre-emption right in a management lease.
  • Blueco Ltd and another v BWAT Retail Nominee (1) Ltd and others [2013] EWHC 1135 (Ch) - commercial dispute concerning rights of pre-emption raising issues of construction and interpretation, rectification and proprietary estoppel.
  • Cleaver v Schyde Investments Ltd [2011] EWCA Civ 929 – appeal on misrepresentation in pre-contract enquiries and the reasonableness of the standard conditions dealing with rescission.
  • Tetra Pak Ltd v Oracle Corp UK Ltd [2011] EWHC 2688 Ch – acting for a landlord defending a claim for an injunction concerning the regulation of access to an office block on health and safety and security grounds.
  • Q v Q [2008] EWHC 1874 (Fam) – intervening (for a brother of the Respondent) in matrimonial proceedings in order to claim ownership of a valuable property, raising issues of constructive trusts, proprietary estoppel and illegal contracts.
  • Prudential Assurance Co Ltd v Ayres and another [2008] EWCA Civ 52 – appeal on the proper interpretation of a supplemental deed  in the context of an AGA and the assignment of a lease of major offices in the City.
  • Tamares (Vincent Square) Ltd v Fairpoint (Vincent Square) Ltd [2007] 1 WLR 2148; [2007] 1 WLR 2167; [2007] EWHC 828; and [2007] EWHC Civ 8809 – leading case dealing with rights to light covering liability, whether an injunction was the appropriate remedy, assessment of damages in lieu of an injunction and costs (including on appeal).

Philomena’s recent cases include:-

  • Acting for a major housebuilder on a high profile dispute about the extent of its development site.
  • Acting for a farming company defending a claim by former tenants regarding the removal of heavy machinery from a multi-occupied site.
  • Acting for a property investment company bringing a claim against a major insurance company for an indemnity relating to losses arising from a fire at commercial premises.
  • Acting for applicants on an application to the Upper Tribunal (Land Chamber) for the discharge/modification of a restrictive covenant to facilitate development.
  • Acting on a dispute between foreign nationals about the ownership of a substantial property and raising issues regarding succession rights.
  • Advising a major supermarket chain on a conditional agreement for lease.
  • Advising on multiple contracts for the sale and purchase of properties forming a joint venture for the provision of assisted living accommodation.
  • Advising a leaseholder in a claim regarding noise nuisance from adjacent commercial premises with a common freeholder/landlord.

Overview

Philomena’s practice frequently involves advising and acting in professional negligence cases including claims against valuers, solicitors, barristers and other professionals arising out of property matters.

Cases: 

  • Cottingham v Attey Bower Jones – successful claim for damages for failure to secure proper answers to pre-contract inquiries.
  • Acting on the professional negligence aspects of a claim against a guarantor of commercial lease liabilities and onward claims.
  • Defending a claim against solicitors who acted for the buyer on the purchase of commercial property where there were title issues.
  • Defending a claim against a barrister where the issues involve conflicts of interest.
  • Defending a claim against solicitors where the issues involve the drafting of overage provisions.

Overview

Philomena frequently advises and appears in arbitrations and mediations as counsel. She also acts as a mediator.  She enjoys deploying the different skills required in mediations where legal knowledge and pragmatism can help fashion a creative resolution for the client.

Cases: 

  • Acting in an arbitration for a developer regarding the price payable for a development site and the impact of overage.
  • Acting in an arbitration for a property investment company regarding an indemnity from a major insurance company for losses arising out of a fire at commercial premises.
  • Acting for a developer in a mediation on a claim for substantial damages arising out of building works to extend and refurbish a luxury residential property.
  • Acting as a mediator in a claim for damages for professional negligence arising out of a sale contract.

Directory quotes

Chambers UK
Real Estate Litigation

“A fantastic combination of brilliance and practical application." "A safe pair of hands and very knowledgeable on the law.” (2021)

Chambers UK
Real Estate Litigation

“Extremely pleasant, knowledgeable and pragmatic.” (2020)

Chambers UK
Real Estate Litigation

“Provides clear, commercial advice on complex issues." "Represents a fantastic combination of intellectual brilliance and practical application.” (2019)

 

Chambers UK
Real Estate Litigation

“Easy to work with and no-nonsense in her outlook." "She has a very strong court presence.” (2018)

Chambers UK
Real Estate Litigation

“Very impressive." "Very hands-on, commercial and extremely approachable and knowledgeable." "She's a force to be reckoned with.” (2017)

Chambers UK
Real Estate Litigation

“She has the ability to see the wood for the trees. She sets a legal agenda and sticks to it.” (2016)

Chambers UK
Real Estate Litigation

“A highly respected specialist property litigator, who regularly appears in the High Court in cases for investors, banks and commercial landlords and tenants.”

Legal 500 UK
Property Litigation

“Very good on both the law and tactics.” (2019)

Legal 500 UK
Property Litigation

“A pleasure to work with and particularly good on tactics.” (2017)

Legal 500 UK
Property Litigation

“She is always extremely keen and goes the extra mile.” (2016)

Memberships

  • Property Bar Association
  • Chancery Bar Association
  • Professional Negligence Bar Association

Qualifications

  • First Class Classics (UCL)

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Philomena Harrison

Call: 1985

pharrison@maitlandchambers.com

“A fantastic combination of brilliance and practical application." "A safe pair of hands and very knowledgeable on the law.” (2021)

Chambers UK

Real Estate Litigation

Overview

Philomena is an experienced property litigator. Her broad practice encompasses all areas of property law (including non-contentious matters) and related professional negligence claims.

Her practice also includes general chancery and commercial litigation. She regularly advises companies, including banks and other financial institutions, and individuals on a wide range of real property and landlord and tenant disputes and matters. Her practice is predominantly court-based and she appears in the High Court, the Court of Appeal as well in the County Courts.

Recommended for Real Estate in Chambers UK Bar Guide (since 2004) and for Property Litigation in The Legal 500 (since 1997) Philomena has been described as “a highly respected property litigator” who is “fiercely intelligent” and “very commercial”. She has appeared in major reported cases on rights to light and the assessment of damages in lieu of an injunction.

With extensive experience in ADR, Philomena has appeared in arbitrations and at mediations and has also acted as a mediator. 

Philomena is Public Access qualified and able to accept instructions directly from members of the public. Further information may be obtained from the Maitland Chambers’ clerks.

Terms of Business 

Philomena’s clerks would be happy to discuss the terms on which Philomena will act. In the absence of express agreement in writing to the contrary, Philomena accepts instructions on the basis of the Bar Standards Board’s Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time).

Memberships

  • Property Bar Association
  • Chancery Bar Association
  • Professional Negligence Bar Association

Qualifications

  • First Class Classics (UCL)

Real Estate

Philomena’s practice comprises the spectrum of property litigation advising and representing commercial clients in a wide range of disputes.

Cases:

  • Bank of New York Mellon (International) Limited v Cine-UK Limited [2021] EWHC 1013 (QB) – leading case (with two others) concerning the recoverability of commercial rent arrears in the pandemic raising important issues concerning the proper interpretation of rent cesser provisions and pandemic insurance.
  • Fouladi v Darout Ltd El-Kerrami and St Mary Abbot Court Limited [2018] 12 WLUK 363 – successfully representing the Respondent freeholder/landlord in an important appeal on a noise nuisance claim raising issues as to what constitutes an actionable noise nuisance, the extent of a landlord’s liability in nuisance, and when an appeal court will review findings of fact made by the trial judge.
  • PH21 Residential Limited v Oksosieme – successfully defending claim for return of deposit on a portfolio contract where contract validly terminated and deposit forfeit.
  • Lakhani v Mahmud [2017] 4 Costs LO 453 : [2017] 1 WLR 3482 : [2017] 7 WLUK 53 – successful appeal for relief from sanctions.
  • TBAC Investments Limited (acting by Fixed Charge Receivers) v Valmar Works Limited [2015] EWHC 1213 (Ch) – obtaining summary judgment in a claim concerning a disputed notice to complete.
  • Coles & Ors v Samuel Smith Old Brewery (Tadcaster) Limited and Anr [2015] Chancery Division – assessment of price payable under an option agreement where the agreement contained no terms as to valuation.
  • Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies [2014] EWCA Civ 154 – appeal concerning the proper construction of the terms of a pre-emption right in a management lease.
  • Blueco Ltd and another v BWAT Retail Nominee (1) Ltd and others [2013] EWHC 1135 (Ch) - commercial dispute concerning rights of pre-emption raising issues of construction and interpretation, rectification and proprietary estoppel.
  • Cleaver v Schyde Investments Ltd [2011] EWCA Civ 929 – appeal on misrepresentation in pre-contract enquiries and the reasonableness of the standard conditions dealing with rescission.
  • Tetra Pak Ltd v Oracle Corp UK Ltd [2011] EWHC 2688 Ch – acting for a landlord defending a claim for an injunction concerning the regulation of access to an office block on health and safety and security grounds.
  • Q v Q [2008] EWHC 1874 (Fam) – intervening (for a brother of the Respondent) in matrimonial proceedings in order to claim ownership of a valuable property, raising issues of constructive trusts, proprietary estoppel and illegal contracts.
  • Prudential Assurance Co Ltd v Ayres and another [2008] EWCA Civ 52 – appeal on the proper interpretation of a supplemental deed  in the context of an AGA and the assignment of a lease of major offices in the City.
  • Tamares (Vincent Square) Ltd v Fairpoint (Vincent Square) Ltd [2007] 1 WLR 2148; [2007] 1 WLR 2167; [2007] EWHC 828; and [2007] EWHC Civ 8809 – leading case dealing with rights to light covering liability, whether an injunction was the appropriate remedy, assessment of damages in lieu of an injunction and costs (including on appeal).

Philomena’s recent cases include:-

  • Acting for a major housebuilder on a high profile dispute about the extent of its development site.
  • Acting for a farming company defending a claim by former tenants regarding the removal of heavy machinery from a multi-occupied site.
  • Acting for a property investment company bringing a claim against a major insurance company for an indemnity relating to losses arising from a fire at commercial premises.
  • Acting for applicants on an application to the Upper Tribunal (Land Chamber) for the discharge/modification of a restrictive covenant to facilitate development.
  • Acting on a dispute between foreign nationals about the ownership of a substantial property and raising issues regarding succession rights.
  • Advising a major supermarket chain on a conditional agreement for lease.
  • Advising on multiple contracts for the sale and purchase of properties forming a joint venture for the provision of assisted living accommodation.
  • Advising a leaseholder in a claim regarding noise nuisance from adjacent commercial premises with a common freeholder/landlord.

Professional Negligence

Philomena’s practice frequently involves advising and acting in professional negligence cases including claims against valuers, solicitors, barristers and other professionals arising out of property matters.

Cases: 

  • Cottingham v Attey Bower Jones – successful claim for damages for failure to secure proper answers to pre-contract inquiries.
  • Acting on the professional negligence aspects of a claim against a guarantor of commercial lease liabilities and onward claims.
  • Defending a claim against solicitors who acted for the buyer on the purchase of commercial property where there were title issues.
  • Defending a claim against a barrister where the issues involve conflicts of interest.
  • Defending a claim against solicitors where the issues involve the drafting of overage provisions.

Alternative Dispute Resolution

Philomena frequently advises and appears in arbitrations and mediations as counsel. She also acts as a mediator.  She enjoys deploying the different skills required in mediations where legal knowledge and pragmatism can help fashion a creative resolution for the client.

Cases: 

  • Acting in an arbitration for a developer regarding the price payable for a development site and the impact of overage.
  • Acting in an arbitration for a property investment company regarding an indemnity from a major insurance company for losses arising out of a fire at commercial premises.
  • Acting for a developer in a mediation on a claim for substantial damages arising out of building works to extend and refurbish a luxury residential property.
  • Acting as a mediator in a claim for damages for professional negligence arising out of a sale contract.