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Aaron Walder

Call: 2002
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Practice Summary

Aaron was called to the Bar in 2002 and joined Landmark Chambers in 2006. He has an established specialist practice in all forms of Property Law, along with matters suitable for the Chancery Division such as Company Law and Insolvency.

Aaron has been recommended in Chambers & Partners as a leading junior in Real Estate Litigation for some years now and is also consistently recommended by Legal 500 as a leading junior in Property Litigation.

His practice can be broken down into 5 key areas. Commercial Landlord & Tenant; Agricultural Land; Residential Landlord & Tenant; Real Property; and the interpretation of documents, and clauses within them, generally.

  • In his commercial landlord and tenant practice, he deals with all issues of forfeiture and possession (including break options), 1954 Act renewal of tenancies, dilapidations and compensation for improvements, and rent reviews and service charge provisions, for both landlords and tenants. He represented the successful Respondents in the leading case on waiver of forfeiture and CRAR as it applies to commercial property.
  • He has a wealth of experience in cases involving agricultural land. As well as acting for a number of national developers in assisting in obtaining vacant possession of Agricultural Holdings, Aaron has advised farmers and land owners on a number of issues, and conducted hearings and arbitrations for those clients. He has also acted on negligence cases arising from advice given in relation to Agricultural Land.
  • In his residential practice Aaron advises on, and represents clients in the FTT, Upper Tribunal, and Court of Appeal in disputes relating to service charge and management disputes as well as all issues arising from enfranchisement and valuation. He has been heavily involved in advising the Government in relation to the new Building Safety Bill and has an active interest in service charge questions relating to disrepair and safety of residential buildings.
  • He advises and conducts litigation on numerous real property issues. His high profile and reported cases include High Court and Court of Appeal cases on the law of adverse possession and cases on proprietary estoppel and constructive trusts. His role as a FTT judge in the Land Registration division means his knowledge and experience of conveyancing issues, disputes regarding title and the registration of land, is significant. Further, he advises regularly on the interpretation of, and implementation of, easements and covenants; including representing clients in the Upper Tribunal seeking the modification or discharge of covenants binding their land. Aaron also acts and advises on cases involving Mortgages and Receivers, and Party Walls.
  • Aaron has advised and appeared in, and has a special interest in, cases relating to the interpretation and enforceability of contracts generally, and especially those relating to sale and other transfers of interests in land, and the interpretation of clauses in leases. He advises regularly on option agreements, pre-emption agreements and joint venture agreements, as well as clauses within leases. Aaron is used to assimilating large amounts of historic documentation where necessary, and also forensically cross-examining witnesses to secure factual findings relevant to interpretation and intention.

Aaron has also appeared in a number of cases in both the FTT and Upper Tribunal in the specialist area of Mobile Home Act law, where he has represented a number of site owners around the country, as well as local authorities and residents’ groups, providing him with a good understanding of the issues that arise in many park home cases.

He is a member of the Attorney General’s ‘A’ Panel of Junior Counsel to the Crown, a qualified mediator, and has a number of specialist fee-paid judicial roles including Recorder, Judge of the First Tier Tribunal (Property Chamber) Land Registration division, and DDJ with a specialist ticket to hear insolvency and chancery related work.

He is the current consultant editor to Halsbury’s Laws: Landlord and Tenant volumes. He is also a member of the Chancery Bar Association, the Property Bar Association, the Association of Leasehold Enfranchisement Practitioners, and the Insolvency Lawyers Association.

Qualifications

Aaron obtained a First Class honours degree in law before being awarded a Trinity Hall research scholarship to read for his M.Phil at Trinity Hall, Cambridge. He was an Inner Temple major scholar.

Publications

2019 – Advisory Editor of The Encyclopaedia of Forms and Precedents, volume 38(1), 38(2) and 38(3) (Sale of Land, and Sale of Land: Commercial Property)

2018 – Consultant Editor of Halsbury’s Laws of England; volumes 62, 63 and 64 (the complete series of the Law of Landlord and Tenant)

2017 – Editor of Halsbury’s Laws of England; volume 68 (the law of Liens)

2013 – Editor of “Rent Review” for iSurv and RICS

2012 – Editor of “Commercial Tenancy Renewal” for iSurv and RICS

Recommendations

Aaron has been ranked as a leading junior in the fields of Real Estate Litigation and Property Litigation and Agriculture for a number of years now. Excerpts from the relevant directories state:

  • ‘Aaron has been excellent in absorbing a substantial amount of detail from a significant quantity of documents and distilling the issues down to a thoroughly pleaded case. ’ (Legal 500 2022)
  • He is a fantastic advocate, forensic in cross examination, clear and reassuring in submissions.’ (Legal 500 2021)
  • Clearly highly intelligent and has a thoughtful approach to work (Legal 500 2020)
  • Very bright and knowledgeable and doesn’t go down without a fight (Chambers & Partners 2018)
  • Gets to know the documents in depth and has a great retention of facts (Legal 500 2018)
  • He deals with things in a clear, concise and logical way (Chambers & Partners 2016)
  • Operates in a sensible and pragmatic manner with advice tailored to the value of cases and their prospects (Legal 500 2016)

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