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Katharine Holland QC MA BCL (Oxon) DipICArb FCIArb is a property litigation Silk at Landmark Chambers.

After having developed a very successful practice as a junior and being awarded Real Estate Junior of the Year at the Bar Awards, Katharine was appointed as Queen’s Counsel in 2010 and has quickly developed a busy silk’s practice, which encompasses all aspects of property litigation, related professional negligence, related insolvency litigation and commercial Chancery litigation. In 2014 she was nominated as Real Estate Silk of the Year. Her focus is principally upon Court related work and she is highly experienced in appearing before a wide variety of courts and tribunals at all levels.

The 2014 edition of Chambers & Partners directory describes Katharine as “a formidable presence on her feet” and that “her ability to get to the heard of a dispute never ceases to impress. She is amazingly helpful, particularly on urgent matters”. The 2013 edition describes her as "simply astonishing to watch on her feet." "She's dedicated, user-friendly and a fierce advocate". The 2014 edition of Legal 500 describes her as a “robust advocate and a real team player who quickly gets to grips with the important issues”.

Other recent directory references have included:-

Sources agree that Holland dazzles in court, saying she is "astonishing to watch on her feet - she is razor-sharp and one of the best cross-examiners around."

"her ability to devour a lengthy and complex brief and summarise it in a few short paragraphs is mindblowing." 

 “deserved reputation for powerful cross-examinations”

“a firm favourite of countless solicitors, who agree that "she is phenomenal and delivers consistently time and again." "A fearsome fighter,"  "Katharine is a hugely committed barrister. When you are up against it and need someone to really knuckle down there is no-one with more commitment or energy."

"retains a first tier ranking with plaudits: can't praise her enough, a team player, extremely knowledgeable, her paperwork is excellent, a barrister you want on your side, especially if you expect to go twelve rounds with the other side" and "a superb fast-thinking trial advocate and ferocious cross-examiner"

"pulls out all the stops to win your case and is recognised by instructing solicitors and opponents as a superb, fast-thinking trial advocate",

"the most regular praise, very bright and user friendly, an excellent firm advocate, good with witnesses, solicitors praise her hard working attitude and bright and enthusiastic".

Katharine has undertaken many high profile cases, including disputes pertaining to Wembley Stadium, the London Eye, cases involving football clubs and celebrities, lengthy and complex commercial litigation claims and group litigation nuisance claims. She is particularly well known for her specialist expertise in all types of civil trespass cases and urgent injunctions, after having acted in Hampshire Waste v Persons Unknown, in which she obtained the first injunction to be granted against ‘persons unknown’ in the context of trespass and protest demonstrations. Recent examples of her cases in this area have included the Occupy London protests (in which she obtained orders to protect the Stock Exchange and other financial institutions) and the recent anti-fracking protests. Her extensive experience in all matters property-related has also involved a long history of acting on enfranchisement and lease extension claims. For example, she acted on behalf of the Howard de Walden Estate in Howard de Walden Estates v Lexgorge in the Supreme Court and Howard de Walden v Aggio in the House of Lords.

Katharine is also a CEDR Accredited Mediator and a Fellow of the Chartered Institute of Arbitrators and in 2009 received a Diploma in International Commercial Arbitration.

Examples of cases in her principal areas of practice include:-

Commercial, Chancery and Property Litigation

  • easements and rights of way (Safestore v RSN [2009] PLSCS 292, Millman v Ellis [1996] 71 P&CR 156)
  • restrictive covenants (City Inn v Ten Trinity EWCA Civ 15 and Thames Valley Holdings Limited v The National Trust [2012] EWCA Civ 1019)
  • rights to light (CIP Property (AIPT) Ltd v Transport for London, London Underground Ltd, Derwent Valley Central Ltd [2012] EWHC 259 and CGIS City Plaza Shares 1 Ltd and another v Britel Fund Trustees Ltd [2012] EWHC 1594)
  • adverse possession (Graham v Mayrick [2007] ADR.L.R. 01)
  • transactional disputes (Chinnock v Hocaoglu [2008] EWCA Civ 117 and London Jewish Girls High Ltd) v (1) London Borough of Barnet (2) Montclare Developments [2013] EWHC 523)
  • mortgages (Carroll v Manek and Bank of India [2000] 79 P&CR 173)
  • option agreements (Redlawn v Cowley [2010] EWHC 766)
  • misrepresentation (Cubcall vv Yossifoff)
  • damages issues (Field Common v Elmbridge [2008] EWHC 2079)
  • property ownership and constructive trusts (Tackaberry v Hollis [2007] EWHC 2633)
  • land registration (EF Clarke (Goldsmiths) Ltd v William Sapcote & Sons (Ch) Ltd)
  • property related restraint of trade and competition issues (A&P Birkenhead Ltd v (1) Northwestern Shiprepairers Ltd (2) Scott Lithgow)
  • property related inheritance issues (Levin v Beatt [2005] EWHC 828)  
  • overage (Sainsburys v Oliveview 92004) EWHC 1090)
  • commercial injunctions (Haringey LBC v CSS Limited [2003] All ER (D) 21, )  
  • highways (Robinson Webster v Agombar [2001] PLSCS 93 and Wentworth v Wiltshire [1993] QB 654).

Commercial Landlord and Tenant

Regularly instructed on lease renewals, which have included instructions on the business lease renewal of the infrastructure of Heathrow Airport, as well as all types of commercial landlord and tenant dispute, eg:-

  • Pavilion Property Trustees Ltd and another v Permira Advisers LLP [2014] EWHC 145
  • PCE Investors Ltd v Cancer Research UK [2012] EWHC 884
  • House of Fraser Ltd v Scottish Widows plc [2011] EWHC 800 2012] 07 EG 92
  • BNY Trust & Depositary Co Ltd v Bourne End One Ltd and others [2009] PLSCS 309
  • Windsor Life Assurance Co Ltd v Lloyds TSB Bank plc [2009] 47 EG 13
  • Orchard v Reuters [2008] EWHC 1017
  • Wembley National Stadium Ltd v Wembley (London) Ltd [2007] EWCA Civ 107
  • Lay and Others (Trustees of Portman Estate) v Drexler [2007] EWCA Civ 464
  • KUC v Alvingote [2006] PLSCS 149
  • Mount Cook Land Ltd v The Media Centre (Properties) Ltd [2006] PLSCS 189
  • Underhill v Bombardier [2007] PLSCS 140
  • South Tyneside BC v Wickes Building Supplies Limited [2004] PLSCS 254 

Injunctions and Trespass

All types of urgent injunctions, particularly in connection with trespass and protest demonstrations, including the ‘Occupy London’ protests and ant-fracking protests, some of which have involved issues under Articles 8, 10 and 11 of the European Convention on Human Rights, eg:-

  • Manchester Ship Canal Developments Limited v Crane and Others and Persons Unknown [2014] EWHC 645
  • TG Aviation Limited – Kent Facilities Limited - 9 July 2014
  • Hicks v 89 Holland Park (Management) Ltd [2014] EWHC 2962
  • United Utilities Water plc v Persons Unknown
  • British Broadcasting Corporations v Persons Unknown – 4 August 2014
  • Manchester Ship Canal Developments Ltd v Persons Unknown [2014] EWHC 645
  • University of Sussex v Persons Unknown[2013] EWHC 862
  • Sun Street Property Limited v Persons Unknown [2011] EWHC 3432
  • School of Oriental and African Studies v Persons Unknown [2010] 49 EG 78
  • University of Sussex v Protesters [2010] PLSCS 105
  • Hampshire Waste v Persons Unknown [2003] 43 EG 126 

Enfranchisement and Lease Extensions

Regular appearances on behalf of the Howard de Walden Estate in connection with enfranchisement matters and for tenants, eg:-

  • Helman v Keepers and Governors of John Lyon Free Grammar School [2014] EWCA Civ 17
  • Day and another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited [2012] UKSC 41
  • Howard de Walden Estates Ltd v Aggio and others [2007] 23 EG 165
  • Cadogan v Pockney (2003) LRA/27/2003
  • Carl v Grosvenor Estates (2001) 3 EGLR 7
  • Moreau v Howard de Walden (2002) LRA/2/2002 

Nuisance, Environmental Law and Group Litigation

Instructed on all types of property related nuisance claims, eg:-

  • Birmingham Development Corporation v Tyler [2008] EWCA Civ 829 (development site nuisance claim)
  • Anslow v Norton Aluminium Ltd [2012] EWHC 2610 (group litigation nuisance claim relating to odours, noise and dust from foundry)

Residential Landlord and Tenant

Regularly acts on all types of complex, large scale or high value residential disputes, eg:-

  • Paddington Basin Developments Ltd and others v Gritz and others [2013] UKUT 0388 (LC); [2013] PLSCS 265
  • Paddington Basin Developments Ltd and others v West End Quay Estate Management Ltd [2010] EWHC 833 (Ch) [2010] 17 EG 94
  • Patel and Another v K&J Restaurants Ltd and Another [2010] EWCA Civ 211
  • Paddington Walk Management Ltd v Governors of Peabody Trust [2009] April 2009 Case No: CHY08440
  • Re Grafton Way (Lands Tribunal) [2008] PLSCS 30
  • Eltham Properties Ltd v (1) A Kenny (2) B Rainforth (3) J Barker [2008] LRX 161 200
  • Seine International and Others v Park Lane Holdings In [2002] All ER (D) 459
  • Malt Mill Developments v Davis [2002] EWCA Civ 440 

Property Related Insolvency Disputes

Recently acted for the Administrators of Portsmouth Football Club in connection with the sale of the Club and Stadium and reported case examples of instructions on a wide range of insolvency related property disputes, eg:-

  • Sunberry Properties v Innovate Logistics [2008] EWCA Civ 1261
  • Famous Army Stores Limited v R&H Properties Limited (2003) PLSCS 8
  • Law Society v Southall [2001] EWCA Civ 2001
  • Whale v Viasystems Technograph [2002] EWCA Civ 2001

Professional Negligence

Instructed on all types of property related professional negligence claims, eg:- 

  • McKay v Renlon [2008] EWHC 516
  • Lloyds Bank v Burd Pearce, Crosse & Crosse [1999] EGCS 99, [2001] EGCS 39
  • Ian Green Residential Ltd v Asfari [2007] 3 All ER (D) 322
  • Lloyds Bank v Burd Pearce, Crosse & Crosse [1999] EGCS 99, [2001] EGCS 39
  • Lloyds Bank v Parker Bullen (1999) NPC 999
  • Gregory v Shepherds [1999] Lloyds Rep (PN) 720
  • Press v Chipperfield [2001] EWCA Civ 2001
  • Titanic Investments v Macfarlanes [1997] NPC 105

Mediation

Katharine is a CEDR Accredited mediator, having trained at the CEDR International Summer School at Stresa in Italy. Having regularly acted as counsel on mediations over the last 5 years, Katharine is now increasing her experience as a mediator and has now acted as a mediator on a variety of disputes, having been appointed under the Mayors and City of London scheme and also as a privately appointed mediator.

Arbitration

Katharine is a Fellow of the Chartered Institute of Arbitrators and in 2009 was also awarded a Diploma in International Commercial Arbitration by the Institute, after having studied at the Summer School at Keble College, Oxford and having undertaken various exams and assignments. Katharine’s arbitration ‘know-how’ therefore extends to both international and domestic arbitrations. Katharine is keen to develop her experience in arbitrations in her specialist field of property litigation but is also happy to act as an arbitrator on other forms of dispute.

View Katharine's profile on our International site