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Tom Weekes

Tom Weekes QC



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Tom is "noted for having an exceptional property litigation practice" (Chambers and Partners, 2016). Before taking silk (in February 2016), he was awarded Lawyer Monthly’s "land and property barrister of the year 2015", and, at the Chambers UK Bar Awards in 2014, he was named "real estate junior of the year".

His practice covers real property disputeslandlord and tenant litigation and property-related professional negligence. Tom is an immensely experienced trial lawyer and he is often instructed in cases turning on disputed issues of fact requiring an effective cross-examination of witnesses. Many of Tom’s cases concern disputes about developments (often relating to options, overage, rights of light or restrictive covenants). He acts in cases raising property-related human rights issues (especially concerning A1P1 and Article 8 of the European Convention) and some of his cases have raised issues about the interrelation between statutory powers and property rights.

In recent years, Tom’s cases have included Cusack v Harrow [2013] 1 WLR 2022 (succeeded in the Supreme Court establishing a local authority’s entitlement to obstruct a private right of access without paying compensation); Freetown v Assethold [2013] 1 WLR 7012 (succeeded in the Court of Appeal in a ground-breaking decision about the service of documents by post); Shebelle v Hampstead Garden Suburb Trust [2014] 2 P&CR 6 (succeeded in the Court of Appeal establishing that rights under a lease were incapable of being breached by the performance of a statutory duty); Nata Lee Ltd v Abid [2015] 2 P&CR 3 (overturned a first instance judgment in the Court of Appeal establishing that it contained multiple errors of law and unsustainable findings of fact); Hermsen-Wilkinson v Hermsen (2015) (successfully acted in a hotly contested mother/daughter dispute about the ownership of a property); Re Surana’s Application [2016] UKUT 368 (succeeded on an application to the Upper Tribunal to discharge restrictive covenants blocking a development); and Re University of Chester’s Application [2016] UKUT 457 (successfully opposed an application to the Upper Tribunal to discharge restrictive covenants that would have allowed a development).

Tom is the author of the leading practitioner work on notices, namely Property Notices (Jordans, 2011 2nd edition) and he is often instructed in cases about disputed notices and break clauses. He is also a co-author of a practitioner work on rights of light, namely Rights of Light: The Modern Law (Jordans, 2015, 3rd edition).

Recommendations in the legal directories have included:           

  • “up and coming star of the property bar” (Legal 500, 2010)
  • “gets great results” (Legal 500, 2011)
  • “no unnecessary posturing” (Chambers & Partners, 2013)
  • “extremely able advocate” (Legal 500, 2013)
  • “incredibly able...his performance in court is particularly impressive” (Legal 500, 2014)
  • “his lateral thinking brings positive outcomes” (Chambers & Partners, 2015)
  • excellent in every regard, user-friendly [and] knowledgeable” (Chambers & Partners, 2016).

Tom accepts instructions under the Public Access Scheme and he is a qualified mediator.