LEGAL

Real Estate Disputes

Our real estate disputes team is part of Ashurst's dispute resolution and real estate sector offerings.

Providing a commercial and innovative real estate disputes service to a range of clients

Our global practice is considered to be one of the top contentious real estate teams in the market. We have significant experience working on high value litigation and arbitration on a broad range of real estate issues, including property insolvency, termination of leases and property agreements, development disputes, interpretation of property documents, rights over property, and high value/complex landlord and tenant disputes.

Strategic approach to real estate disputes

Our clients value our ability to conduct substantial litigation successfully. They also appreciate the insight that we bring to the avoidance or early resolution of real estate disputes. The team provides quality advisory work in anticipating and working to avoid unnecessary, costly and time-consuming court proceedings. Our clients appreciate this approach and are reassured by our proactive, no nonsense perspective.

One integrated global team

We operate at the heart of the real estate industry worldwide. With an integrated real estate sector group, we are a global team with a demonstrable track record, giving clients seamless real estate solutions from our network of international offices.

Our experience includes advising:

Advising a local Belgian investor on a real estate dispute with the other co-owners of a residential and retail property off the main Belgian shopping street.
Representing a UAE property developer in DIAC arbitration proceedings commenced by a purchaser seeking to terminate a sale and purchase agreement for residential property in Dubai.
Advising a tenant in a five-party High Court dispute arising from defects to establish liability as between the shopping centre owner, tenant and contractors in London.
Advising in connection with the management of foreclosures and insolvency procedures related to the acquisition of portfolios of non-performing loans from SAREB, BBVA (Jaipur Portfolio) and Caixabank (Ágora and Egeo Portfolio), Madrid.
Representing an Italian real estate investment fund in Court proceedings brought by promissory purchasers (disputing on breach of covenants,termination of PSPA and earnest money recovery), as well as tenants (disputing on rent reduction and damages caused to leased property).
Representing a real estate company who specialise in business premises management and office space leasing as part of proceedings instituted by the lessee relating to the termination of a commercial lease agreement due to health and security issues (including asbestos and air quality), Paris.
Acting in high profile high value multiparty Supreme Court litigation regarding a compulsory acquisition involving allegations of misleading and deceptive conduct (related to the purpose for which it was said the land was to be acquired). The proceedings raised issues that impacted on the way in which and the forms used for all compulsory acquisitions in NSW and were attended by considerable media interest in Australia.
Advising on an LCIA arbitration relating to claims for damages based on loss of profits arising out of alleged unlawful termination of a hotel due to an alleged failure to use reasonable endeavours to obtain all necessary operating licences, Sydney.
Advising in relation to the ownership and urban rights over properties located in Palma de Mallorca (Maritime Façade), which were sold by Endesa to real estate company Josel (Grupo Núñez Navarro) and later recovered the property.
Advising the Official Receiver of Thomas Cook on property-related liquidation aspects including disclaimer of leases, forfeiture, asset management and disposal issues – London and Madrid.