Paul Tomkins

Recent Work

• Advising a land owner where following the purchase of a property, it discovered the remains of equipment used as the set for the Robot Wars TV series in an unlocked building on site. The land owner ordered the removal of the equipment and destruction of it. The owner of the set brought a claim against our client for around £300,000 which it said was the value of a replacement set. Our client defeated the claim in the High Court on the basis it had made enquiries and was reasonably entitled to conclude no one was interested in the goods. Robot Arenas Ltd v Waterfield.
• An application to the Court made by a landlord against a tenant company in administration (our client) where the tenant had granted a third party licence to occupy the premises without the landlord’s consent. The landlord applied for the Court’s permission to commence proceedings to determine the licence. The administrators were successful in the Court of Appeal in resisting the landlord’s application. Sunberry Properties Ltd v Innovate Logistics (in Administration).

Paul regularly provides dependable and strategic advice to clients in the retail sector on their Real Estate Litigation issues, including the termination and renewal of business leases, dilapidations disputes and advice regarding break rights. His advice has a highly practical focus to ensure that retailers can swiftly deal with any disputes that arise.

Recent work

• Acting for a retailer whose landlord opposed the grant of a new tenancy under the Landlord and Tenant Act 1954, on the basis of an intention to carry out substantial works of construction. Court proceedings were issued. Our client’s position was that the works the landlord intended to carry out were not substantial works of construction. A trial was listed, but in the week before the trial, the landlord agreed to grant our client a new lease.
• Acting for Aldi in connection with an application for an injunction made by its tenant, Iceland, where Iceland was seeking to prevent Aldi from carrying out an extension to its supermarket in Cambridge. We provided both legal and commercial advice throughout and pushed the matter on such that we got to a full trial within 6 weeks at which the High Court dismissed Iceland’s application. Iceland Foods Ltd v Aldi Stores Ltd.
• Acting for a retailer on a dilapidations dispute. The landlord’s claim was in excess of £1 million and had issued court proceedings. We worked closely with the client and their building surveyor and the matter was compromised at a without prejudice roundtable meeting for around 20% of the value of the initial claim.
• Advising a retailer on the acquisition of a portfolio of over 100 convenience stores and newsagents across the Midlands, North West, Yorkshire, South West and Wales. We advised on a number of property litigation issues throughout the transaction, including landlord’s unreasonably refusing/delaying granting their consent to assignments, ongoing and prospective lease renewals and dilapidations disputes.