Comparing Credit Claim Attorneys In Kansas: Factors To Consider – The latest edition of the Legal 500 (October 2022) states that “Mark’s excellent legal knowledge and extensive experience allow him to navigate the most difficult problems involving the most difficult people. He is a calm and wise presence in your corner. (This year Mark was also nominated by the Legal 500 for Real Estate CC of the Year.) The latest edition of Chambers & Partners (October 2022) states: “Mark Warwick is realistic and commercial with a quick turnaround”, “He has an intellect and his courtroom demeanor is good”, “He is good for complex matters”, “Mark Warwick is very energetic and very responsive. He’s a KC who always wants to go out of his way to help out on a case.”

The 2021 editions of the above guides wrote  “Mark is simply outstanding and is absolutely someone you would want to have on your team. He is undoubtedly hardworking, always available and always one step ahead of us. A leader in his own right (Legal 500 2021)’. Mark Warwick KC is a Head of Chambers and highly regarded silk whose work regularly consists of high-profile and complex real estate litigation. He also deals with property disciplinary matters. He is a leading expert on break clauses. “Mark is calm and level-headed, as well as being very approachable and user-friendly. He consults with clients very well.”, “His knowledge of property law is vast. He’s a machine! You can give him a complicated set of papers and the next day he will come back with solutions and ideas (Chambers 2021)”.

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Mark’s practice extends to contested chancellery and professional negligence. He has appeared at all levels of court, including the House of Lords and the Supreme Court. Its reported cases exceed 200.

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Mark is the co-author of Warwick & Trompeter on Break Clauses, now in its third edition (Hart Publishing).

Recent cases have involved the law of easements (Thurloe Lodge v Amberwood Drive [2021]), the creation of restrictive covenants (Mackenzie v Cheung [2022]), the recovery of legal costs from tenants (Kensquare v Boakye [2022]), evidence relevant to the extension of a lease under Landlord and Tenant Act 1954 (Mondial Assurance (UK) v Bridgwater Properties [2016]) and Exemption from Expropriation (Freifeld v West Kensington Court [2016])

Mark frequently represents plaintiffs in lawsuits against attorneys and other real estate professionals. It has also recently been successful in barring a solicitor from taking action against a former client, see Western Avenue v Sona [2018] PNLR 10

Recent cases have included the creation of the Access to Adjacent Lands Act 1992 ([2022] CH 289), the rectification of a land registry (Dhillon v Barclays Bank ([2021]), undue influence (

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{2018] 4 WLR 86), alleged sham trusts (Raja v Van Hoogstraten [2018] and ND v SD [2018] 1 FLR 1489), dumping damages (Hyde v Simple Skips [2017]) and subrogation of mortgages (Menelaou v Bank of Cyprus [2016] AC 176)

Recent trust cases have included an important decision on when an express declaratory trust can be created (Ong v Ping [2017] WTLR 1365) and the circumstances in which a trustee can purchase trust property (Newman v Clarke [2017] 4 WLR 26)

Notable probate and probate cases included Re Lavin decd [2012] CH 573 (“execution” of a deathbed will) and Olins v Walters [2009] CH 21 (elements of enforceable mutual wills)

Mark has worked on over 200 reported cases. Below is a selection of the more important and recent ones.

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Jesseman & Anor v Ali & Anor [2022] EWHC 1080 (Ch) [2022] BPIR 1046 Trustee failed to establish that Mark’s client held property on constructive trust

Prime London Holdings 11 Ltd Thurloe Lodge Ltd [2022] EWHC 303 (Ch) (14 February 2022) [2022] Ch 289 – A leading case dealing with the Access to Neighboring Lands Act 1992

Kensquare Ltd v Boakye [2021] EWCA Civ 1725 (22 November 2021)  [2022] L&TR 18 – CA Rules on Intermediary Service Charges and Formation of Tenancy Covenants

Thurloe Lodge Ltd v Amberwood Drive Ltd & Anor [2021] EWHC 1133 (Ch) – Mark’s client dismissed all aspects of opponent’s summary judgment claim in relation to easements

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Riverside CREM 3 v Virgin Active (2021) EWHC 746 (Ch) – Whether a claim for arrears of rent should be stayed because of a scheme of arrangement in progress

[2018] Lawtel – Judge rules in favor of Mark’s client that a user like a hotel would be a “non-residential user” and therefore in breach of the tenants’ covenant in the lease.

[2018] 4 WLR 86 – Fancourt J – Financial transaction tax jurisdiction and the scope of undue influence in the family context.

Lawtel (Morgan J) – 27 March 2018 – Mark successfully resists claim that property trust is bogus

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[2017] WTLR 1365 – Despite trust deed containing blank value for trust property, CA finds valid trust existed

– Lawtel (QBD) – 05 Dec 2017 – Court awards Mark’s client almost £1 million for illegal dumping of waste on client’s land

Western Avenue Properties Ltd & Anor v Soni & Anor [2017] EWHC 2650 (QB) (26 October 2017); [2018] PNLR 10 – Mark succeeded in obtaining an injunction preventing a solicitor who had previously represented his clients from accepting instructions to commence proceedings against them (as there was a risk of misappropriation of confidential information).

[2018] 1 FLR 1489 – Mark was acting on behalf of the trustees of a trust set up by the husband. He successfully resisted his wife’s claim that the trust was a sham.

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Barnett Waddington Trustees (1980) Ltd v Royal Bank of Scotland (2017) – Lawtel – 20 April 2017 – Defendant bank’s attempt to bring claim in second action decided abuse of process of court.

Newman v Clarke – [2017] 4 WLR 26 – Whether T’s purchase of a freehold interest in a house, under the Tenancy Reform Act 1967, from trustees, including himself, would be a breach of trust.

Lawtel, 11 November 2016 – The opinion of a properly qualified expert is prima facie admissible, subject to questions about the weight of his evidence, and his evidence was not subject to the requirements of Part 35 of the CPR unless the expert was instructed to give or prepare expert evidence for the purposes of the procedure.

– Lawtel – 17 Dec 2015 – When is it possible for a landlord to recover their legal costs, claims against tenants, from those tenants through service charges.

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Dickinson v UK Acorn Finance – Lawtel (CA) – 25 November [2016] HLR 17 – Whether the mortgagee’s claim that the mortgage was invalid at law was an abuse of process by reason of previous proceedings.

Menelaou v Bank of Cyprus –  [2016] AC 176 – Supreme Court examines the law of subrogation and unjust enrichment.

Skelwith (Leisure) v Armstrong [2016] ch 345 – Newey J held that an equitable assignee of the mortgagees’ rights gives power to sell the mortgagors’ interests.

Barnett Waddington Trustees v Royal Bank of Scotland [2016] 1 BCLC 508 – Warren J held that the bank was not entitled to recover the “interest swap” money.

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Freifeld v West Kensington Court Ltd [2016] L. & T.R. 5 – Mark’s client is successful in obtaining relief from the foreclosure of a valuable business lease, despite the judge’s findings of willful violations.

Ong v Ping – [2017] EWCA Civ 2069  – CA – Discretionary trust created by settlor sending signed draft to his solicitor.

Day v Tiuta International Ltd [2015] 1 P&CR DG10  (LTL 2 October 2014) – CA considers in detail the defenses available to a debtor’s claim for subrogation (including the effect of a cross-claim for damages in excess of the subrogated amount)

Sugarman v CJS Inverstments Ltd [2015] 1 BCLC 1 (LTL 22 September 2014) – CA interprets management company statute and voting rights of owner of multiple dwellings under construction.

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(LTL – August 7, 2014) – Correct approach to causation and revocation where fraudulent answers were given to prior queries.

(LTL – 28 July 2014) – The correct approach to a contract for the sale of immovable property with a long termination period, including dealing with a claim for the return of a deposit under s 49(2) LPA 1925.

Bank of Scotland v Joseph [2014] EWCA Civ 28 [2014] 1P & CR 18 – This is the first time a Court of Appeal has had to consider the use of unilateral notices registered under the Land Registration Act 2002. In particular: in what circumstances a notice , registered in relation to one ownership interest, gives priority to another interest?

Hart v Hart (LTL 19 July 2013) – Dealing with a petition for unfair prejudice under section 994 of the Companies Act 2006

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[2013] EWCA Civ 413 – Court of Appeal sets out criteria for establishing a case of fraudulent misrepresentation

[2012] EWHC 3651 (Ch) (Floyd J.) – Consideration of what constitutes a ‘division of possession’ of land.


[2013] 1 WLR 1051 – First contested case on the interpretation of section 27 of the Landlord and Tenant Act 1987 (relating to acquisition orders)

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[2012] EWHC 1913 (Ch), [2012] 42 EG 138 – Action brought by buyers against auctioneers for breach

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