Bryan’s previous career in property development gives him a considerable advantage in this area.

He therefore welcomes instructions in all matters ‘property related’:-

• Landlord & Tenant
• Possession claims
• Adverse possession including cases under the Transitional Provisions of the LRA 2002
• Easements and covenants
• Boundary disputes
• Co-ownership of land and proprietary estoppel
• Service charge disputes
• Professional negligence claims involving Solicitors, Surveyors, Architects and Engineers etc

B v A (2021): Advising and appearing in a high value commercial property dispute involving a so-called “ransom strip”. Complex arguments on the limits of S62 LPA 1925 and the doctrine of Derogation from Grant. Judgment in client’s favour with costs.

C & C v C (2020): Advising and appearing for the claimants in a boundary dispute claim between neighbours. Complex background involving previous conveyancing mistakes by the original developer and HMLR. Judgment for the claimants with costs.

Construction

Bryan has considerable experience in construction disputes, the foundation of which was a 20-year career as a self-employed property developer.

In practice Bryan regularly deals with both domestic and commercial construction litigation for both employers and contractors. Recent examples include:-

T & S v T (2023) – Representing the consumer claimants in a construction dispute involving a defective extension project in Newcastle. Judgment for claimants.

U v O (2022) – Advising and drafting POC in a dispute between two contractors involved in the multi-million-pound redevelopment of Birmingham New Street Station. Ongoing.

S & S v P (2022) – Advising the consumer clients in a dispute with a national housebuilder over quality issues in their new home. Ongoing.

P & N v B (2022) – Advising and representing the claimant homeowners in a dispute over defective refurbishment works to their home. Case settled on attractive terms.

D v A & N (2022) – Advising and drafting POC for the consumer homeowners in a dispute over defective floor screed installed within a new extension. Ongoing.

Bryan also acts for various utility companies in relation to construction works in the highway subject to adverse claims.

Bryan’s experience in this field is such that he was appointed Chairman of the Implementation Committee responsible for the recent successful redevelopment of Chambers’ 10000 sq ft Leeds premises.

Prior to coming to the Bar in 2013, Bryan held director level positions in companies across a broad range of business sectors. This experience gives him a significant advantage in commercial matters.

GDE (2019): Advising a company liquidator on potential liabilities under the “Green Deal” scheme and associated carbon credit trades.

W v A (2019): Advising a former shareholder on prospects following the non-payment of monies due under a complex business sale agreement. Allegations of fraudulent misrepresentation. Ongoing.

B v B (2019): Advising on an adjudication “smash and grab” in the context of a £2.4m construction scheme.

D v CV (2019): Representing a specialist classic car dealer in a high value breach of contract claim.

B v CL (2018): Representing the petioning creditor in an application to restrain publication of a winding-up petition.   

D v C (2017): Advising on prospects in a claim for unpaid commission arising from an agent’s involvement in a £30m land promotion scheme.

T v U (2017): Appearing in the High Court on behalf of the Defendant snooker hall, successfully resisting an injunction and order for delivery up of the chattels within. Costs awarded in the Defendant’s favour.

W & C v G & S (2017): Appearing on behalf of the Defendants in ongoing proceedings concerning a proposed telecoms mast on the Defendants’ land. Claim discontinued with costs received.

P v X (2017): Advising and appearing for an international car hire firm in a claim for CDW overcharging.

D v C (2017): Advising in an agricultural partnership dispute with complex multi-title boundary issues. Settled.

Bryan acts in non-matrimonial property and finance matters. In particular:-

ToLATA, Intervenor and Schedule 1 claims.

Inter-family loan disputes and issues of enforceability.

Advising on the protection of inter-family loans through formal means.

W v P (2021): Advising and representing the claimant in a Tolata matter where the relevant properties were subject to informal tenancies and the ability to secure vacant possession was potentially compromised. Ongoing.

A v A (2018): Advising on the recovery of inter-family loans and occupancy status within a family-held property.

C v D (2018): Representing C in a successful ToLATA claim.

H v F (2017): Advising H on a proposed draft charge over significant shareholdings following matrimonial proceedings.

P v B (2017): Drafting a complex Defence in a debt claim said to have arisen during a longstanding non-marital relationship.

Bryan has a particular interest in actions involving Solicitors and other professionals where property lies at the root of the dispute.

Bryan is currently dealing with muliple claims involving what has come to be known as the “leasehold scandal”, whereby large numbers of homebuyers have bought houses with onerous escalating ground rent clauses, rendering them largely unsaleable.

C v A & Others (2023) Advising a developer in a professional negligence claim against their former engineers and architects following a failed development scheme which resulted in a partially constructed building having to be demolished. Ongoing.

S v S & RT (2023) Advising domestic homeowners in a potential professional negligence claim against their architect. Complex technical issues involving the interpretation and compliance with Building Regulations. Ongoing.

K v WS (2023) Representing a landlord in a high-value High Court BPC dispute with his former letting agents over a negligent failure to collect rents across multiple residential properties within his portfolio.

S v P & Others (2022) Advising commercial leaseholder in a potential professional negligence claim against her conveyancer involving a failure to advise on and/or obtain consent for the intended permitted use. Ongoing.

Q v EM (2022) Advising homeowner in a professional negligence claim against her conveyancing solicitors arising from their failure to advise as to a lack of Building Regulation approval for the index property. Ongoing

B v A (2021): Advising a property development company on the scope of their claim against their former solicitors who had mistakenly transferred the whole of a parcel of development land instead of the intended part. Ongoing.

B v H (2019): Advising on prospects in a claim against a conveyancing solicitor where complex rights of way are in issue. Ongoing.

Bryan acts in a range of civil fraud cases and is familiar with the legal landscape around “fundamental dishonesty”.

Bryan acts in cases on the Fast Track and Multi Track. However, so far as he is aware, Bryan has the accolade of securing the only finding of FD in a Small Claim (!) which ultimately resulted in a very significant costs order being made against the unsuccessful claimant (Young v Formula Plastics, unreported, Durham County Court, 14th January 2019).

Bryan acts for insurers in applications for orders of committal.

Bryan is willing to give advice at an early stage in order to maximise the opportunities for a successful outcome.

Bryan is able to deal with all the costs and procedural issues which arise in his fields of practice.

Bryan has a particular interest in cases where there is a challenge to the validity of the retainer.

Property Bar Association Northern Chancery Bar Association Professional Negligence Lawyers Association North Eastern Circuit

LLB 1st Class Honours - Durham (2012) BPTC (Very Competent) - BPP Leeds (2013), BPP Company Law Prize Winner & BPP Property & Chancery Prize Prize Runner Up