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Tom Weekes

Tom Weekes QC

YEAR OF CALL 1995TWeekes@landmarkchambers.co.uk

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

His practice covers real property disputeslandlord and tenant litigation and property-related professional negligence. Tom is an experienced trial lawyer, who is often instructed on cases turning on disputed issues of fact that requires an effective cross-examination of witnesses. He has appeared in many leading appellate cases (including cases in the Privy Council, the Supreme Court and the Court of Appeal). Many of Tom’s cases concern disputes about developments (relating to such things as conditional contracts of sale, options, overage, rights of light and restrictive covenants) and he acts in cases raising property-related human rights issues (especially concerning A1P1 and Article 8 of the European Convention).

Tom’s recent cases have included Sparks v Biden [2017] EWHC 1994 (Ch) (succeeded in persuading a court to imply a term to defeat a developer’s attempt to avoid paying overage in reliance on perceived drafting deficiencies); Re Falmouth Dockyard [2017] UKUT 430 (LC) (acting for a commercial/military shipyard on a largely successful attempt to prevent the modification of covenants affecting a “wet dock” owned by a company that builds superyachts); 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, Re University of Chester’s Application [2016] UKUT 457 and Re Theodossiades’ Application [2017] UKUT 0461 (acting for applicants or objectors on applications to Upper Tribunal under section 84 of the Law of Property Act 1925 to modify covenants for developments in residential areas); and Nata Lee Ltd v Abid [2015] 2 P&CR 3 (succeeded in the Court of Appeal on a trespass, adverse possession and proprietary estoppel case in establishing that the first instance judgment contained multiple errors of law and unsustainable findings of fact).

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).
  • “combines great tactics [and] sharp arguments” (Chambers and Partners, 2017).
  • “Peerless in his breadth of knowledge, and his advocacy is difficult for judges to resist” (Legal 500, 2017).

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