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Katrina Yates

Katrina Yates

YEAR OF CALL 2006KYates@landmarkchambers.co.uk

AREAS OF LAW

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Property Law

Katrina specialises in providing advice and representation in a wide variety of Property and Chancery disputes, including:

  • Land registration (including referrals to the First-Tier Tribunal, alteration, rectification, indemnity and judicial review). She regularly advises and represents the Chief Land Registrar on all aspects of his duties, powers and liabilities under the Land Registration Act 2002. 
  • Conveyancing (including misrepresentation and forfeiture of deposits)
  • Commercial landlord and tenant (including forfeiture, breaches of covenant, break clauses, the renewal of business tenancies and dilapidations).
  • Residential landlord and tenant (including disrepair and possession claims).
  • Professional negligence arising from conveyancing and dispositions of registered land. 
  • Real property disputes (including those concerning nuisance, easements, determinable fee simples, rentcharges, covenants, boundary disputes, adverse possession, proprietary estoppel, mortgages and charges).  She is experienced in advising mortgagees on the means of perfecting their title to registered land, securing equitable interests under unregistered charges, and on equitable remedies for recovering funds treated fraudulently and/or in breach of trust (including tracing, proprietary claims, knowing receipt and subrogation). 
  • Trusts of land (including claims to beneficial interests in property, claims under the Trusts of Land and Appointment of Trustees Act 1996 and orders for sale)

She has appeared in myriad property-related applications and trials over the years.  She also has experience of dealing with the costs implications of property litigation, through appearing at detailed assessments in the Senior Court Costs Office. 

Recent and notable cases include:

  • Co-Operative Food Stores Ltd v Sainsbury’s Supermarket Ltd (County Court at Basildon, Claim No. B00BQ702): acted for the claimant/tenant throughout the proceedings for a renewal business tenancy of a supermarket (instructed by Freeths LLP, 2016 – 2017).
  • Ashburton Trading Ltd v Cinar (County Court at Clerkenwell, Claim No. C02EC912): acted for the landowner – Arsenal Football Club’s property arm – at a trial in relation to a former 1954 Act tenant squatting on the premises (instructed by Slaughter & May, 2016 – 217). 
  • Highways England Ltd v Dale (Claim No. C00NRA443, County Court at Cambridge, 2016): represented Highways England at the trial of complex possession proceedings against an individual claiming adverse possession of part of the A11 highway verge (instructed by Veale Wasbrough Vizards LLP, 2015 – 2016).
  • R (Best) v Chief Land Registrar [2016] QB 23 (CA), [2014] 3 All ER 63 (QB): landmark Court of Appeal case testing the novel question of whether an application purportedly made pursuant to paragraph 1 of Schedule 6 to the Land Registration Act 2002 for a person to be registered as the proprietor of a registered estate in land by adverse possession is valid, where the possession on which the applicant relies to establish his claim constitutes the criminal offence of squatting in a residential building, under s. 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Junior to Jonathan Karas QC, instructed by the Treasury Solicitor on behalf of the Chief Land Registrar, 2013 – 2015).   For a copy of the judgment, click here.   See also the coverage in The GuardianThe Telegraph, and The Daily Mail.

  • Ameen Adam v Salim Adam (Ref/2014/0069, in the First-Tier Tribunal): four day trial of the applicant’s claim to a beneficial interest in a freehold residential property; successfully resisted the application on behalf of the registered proprietor (Instructed by Barber & Co, 2014 – 2015).
  • Hamilton v Chief Land Registrar (Claim No. A30LV046, High Court, Chancery Division, Liverpool District Registry): successfully applied on behalf of the Chief Land Registrar to strike out a claim for an indemnity under the Land Registration Act 2002, for failing to satisfy the statutory conditions (Instructed by the Treasury Solicitor, 2014). 
  • Glasgow City Council v Savage (Claim No. HC-2014-00136, High Court, Chancery Division): alleged breach of covenant in a commercial lease; acted for the claimant landlord in an interim application (Instructed by Nabarro LLP, 2014).
  • Friars Bridge Court Ltd v The Secretary of State (Claim No. HT13-33, TCC): acted for the landlord in a terminal dilapidations claim (Instructed by Nabarro LLP, 2014).
  • National Westminster Bank Plc v Sackville SPF IV Property Nominee Ltd (Claim No. 3KT00296, County Court at Central London): acted for the landlord in a commercial lease renewal claim under the Landlord and Tenant Act 1954 (Instructed by Nabarro LLP, 2014).
  • Co-operative Travel Ltd v Bainbridge (Claim No. 1MA02123, County Court at Manchester): acted for the travel agent tenant in a commercial lease renewal claim under the Landlord and Tenant Act 1954 (Instructed by Shoosmiths LLP, 2014).
  • Can Say v Land Securities Group Plc (Claim No. 8NN04679, High Court, Queen’s Bench Division): following a trial as to the validity of the forfeiture of a commercial lease, this was a £2million civil conspiracy claim brought by the former tenant, a litigant in person, in relation to the forfeiture.  Successfully struck-out the claim on behalf of the landlord and obtained an order for costs (Instructed by Nabarro LLP, 2013).
  • Roland Gift v Stephen Diggle & Philip Diggle (Claim No. 2CL10441, County Court at Central London): successfully acted on behalf of the celebrity claimant in a claim for an order under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (Instructed by Ashfords LLP, 2013).

For details of further notable cases, please see the relevant tab above.