Carly Fishwick

Recent work

• Partakis-Stevens and another -v- Sihan and others [2022] EWHC 3249 (TCC) – defending the Third and Fourth Defendants / Part 20 Claimants in respect of a claim by the Claimants arising out of nuisance and successfully pursuing an additional claim against the First and Second Defendants (a developer/seller) for damages for fraudulent misrepresentation and breach of contract.

• Acting for a REIT in respect of a dispute with its tenant relating to service of a break notice to terminate a lease of premises which was conditional upon the tenant giving up occupation of the demised premises. However, the tenant could not comply with the break condition as part of their demise included a protected tenancy of an electricity substation. The tenant issued proceedings for a declaration that giving back occupation of the premises to the landlord on the break date with the electricity substation tenant still in situ would not frustrate the successful operation of the break. The dispute was worth in excess of £2 million. There was also a dispute between the parties relating to dilapidations arising from alleged inherent defects at the premises. Settlement was achieved with the tenant on the basis that it would surrender its lease for payment of a substantial seven figure premium to our client.

• Acting for a national hotel group in the defence of a claim by their landlord for injunctive relief and / or damages for an alleged breach of user and insurance covenant due to changing the use of the property from a hotel to accommodation for asylum seekers. The damages sought were significant and exceeded £5 million. We successfully a very favourable settlement for our client, enabling them to continue using the property as asylum accommodation.

• Acting on behalf of a care home operator in respect of a boundary dispute with its neighbouring landowner, including (successfully) pursuing an application for an interim injunction, relating to the neighbouring landowner’s development plans for the site. The matter involved technical land registration issues.

• Acting for a College in respect of a litigated claim against it for damages exceeding £12 million for unjust enrichment.

• Acting for a Local Authority to recover possession of circa 1,100 acres of land from its tenant following the termination of a lease with a developer. The tenant disputed the Council’s ability to terminate the lease on the basis that the break clause which it had exercised (which was linked to the non-performance of certain planning obligations under the lease) was in fact a forfeiture clause and not a contractual break right. We achieved a commercial settlement during litigation on the basis that the tenant would surrender its lease.

• Acting for a railway operator in respect of an option over land which was mistakenly let by the railway operator to a third party prior to the exercise of the option by the option holder, which has resulted in a complex, long-running dispute, which progressed to arbitration.

• Advising various institutional landlords in respect of the requirements of the Building Safety Act 2022 and the associated regulations, including providing Landlord Certificates to tenants.

• Acting on behalf of a pension fund in the defence of a service charge dispute pursued by its residential leaseholders in the First-Tier Tribunal valued at over £1 million and advising upon the appeals of various Improvement Notices issued by the Local Authority relating to fire safety defects at the premises.

• Acting on a pro bono basis on behalf of the Mary Ward Legal Centre whose former client was suing the Centre for professional negligence. If the claim was successful, this would have resulted in the closure of the Centre. We were successful at trial.

• Acting for various clients upon vacant possession strategies and overseeing the strategy and supervision of a significant incremental property disposal project on an ongoing basis.