Myriam Stacey

Call: 1998
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Practice Summary

Myriam Stacey is an established, well regarded and very experienced practitioner. She was called to the Bar in 1998 and specialises in property litigation and commercial Chancery litigation.

She has appeared in at all levels from the county court and LVT to the House of Lords and Privy Council. She has a wide ranging, litigation based, property law practice covering all aspects of commercial and residential landlord and tenant (including secure tenancies), leasehold enfranchisement, real property (including easements, restrictive covenants, landlord and tenant, mortgages, land registration, specific performance claims, adverse possession, nuisance related actions including contamination of land) and associated professional negligence. Myriam is well known for her experience of proprietary estoppel and constructive trust disputes, in both a commercial and domestic context, having been involved in many such cases, including acting on behalf of the developer in Cobbe v Yeomans Row at all levels up to House of Lords, for the landowner in the Privy Council in Henry v Calixtus Henry and in Porntip Stallion v Albert Stallion Holdings (Great Britain) Ltd in the Chancery Division. In addition, Myriam has extensive experience of civil trespass cases and urgent injunctions, including in the context of protest demonstrations and is well known for her experience in advising operators and landowners in relation to property issues arising out of telecommunications law under the Electronic Communications Code 2003 (formerly, the Telecommunications Code).

Myriam was nominated for Real Estate Junior of the Year at the Chambers & Partners Awards for 2013.

She has been consistently recognised in the leading UK Legal directories and is ranked as a Band 1 junior by Chambers & Partners since 2016. The 2017 directory refers to her as being “frighteningly bright” and says that she is “intelligent, attentive and personable” and “gives spot-on, clear advice.” The 2016 Guide referred to her as “very meticulous in how she presents her cases” and as “just brilliant to work with. She is bright and absolutely excellent on her feet”. She is also ranked as a leading junior in the Legal 500 and is described there as “Intellectually very strong, very forceful on her feet and reassuring to clients.’

Other recent directory references have included “excellent”, offering “clear and comprehensive advice… extremely efficient, understood exactly what we needed to achieve, was able to manage our expectations to ensure that we pursued a realistic and workable outcome and… was personable and approachable.”

Examples of the type of property disputes in which Myriam has recently been involved include:

Commercial Landlord & Tenant/ Business Tenancies
Commercial Property Disputes
Proprietary estoppel/ Constructive trust
General Property Disputes
Professional Negligence

Myriam is an Editor of Hill & Redman (private sector residential tenancies), Co-editor of Bullen & Leake (Mortgages) and the RICS Guide to Lease Renewal. Click here for Myriam’s LexisNexis profile.

She is also a member of the Chancery Bar Association, the Property Association and the Professional Negligence Bar Association.

Myriam can accept instructions under the Public Access scheme.

Commercial Landlord & Tenant/Business Tenancies

  • Frequently advises and represents major banks, retail chains and other commercial entities in connection with business tenancy renewals.
  • Frequently advises and represents landlord and tenants in claims alleging breach of alienation provisions in leases, forfeiture actions and a variety of other issues arising from the occupation of commercial premises.
  • Represented the landlord in the county court and Court of Appeal in Osibanjo v Seahive Investments [2009] 2 P&CR on the question whether acceptance and presentation by the landlord of a cheque which included rent and repayment of the balance constituted waiver of its right to forfeit.
  • Acting for a former landlord in a dilapidations claim against a well-known multi-national company which settled just before trial with the payment of over £5 million in damages.
  • Successfully acting for number of investors in connection with a service charge disputes in relation to a high profile property in Leeds.
  • Representing and advising a well known national retailer in a disrepair / specific performance action.

Commercial Property Disputes

  • PG Lewins Ltd v H3G UK Ltd – acted for the operator in a landmark decision involving previously untested questions of statutory interpretation including the extent of an operator’s immunity from suit under the Electronic Communications Code, before its repeal and the introduction of the New Code, where the operator has agreed in a contract to relocate equipment.
  • Acting for Dulwich FC on a contested ground (a), (c) and (g) lease renewal involving security for costs applications. Click here and here for coverage in the Indepedent, and in the Mirror.
  • BMC Properties & Management Limited – February 2013 – Represented appellant on a rating appeal in valuation tribunal concerning issues of statutory construction and the determination of ‘effective date’ for rating valuation purposes.
  • Deane v MPS Destinations – February 2013 – Chancery List at Central London County Court – Represented long leasehold owner in a complex multi party dispute arising out of failures to redeem charges over property prior to completion of sales. The proceedings gave rise to a number of inter-connected claims to resolve the dispute including claims against solicitors for breach of solicitors undertakings and a claim against the lessor for breach of covenant to provide good title, breach of quiet enjoyment and derogation from grant.
  • Amaowei v Aryo – March 2013 – Chancery List at Central London County Court – Represented defendant in a trial giving rise to issues of trust, mortgage and equitable accounting for payments alleged to be due following oral agreements reached between trustee and beneficiary.
  • Frequently instructed on a number of “specific performance” disputes, concerning residential developments.
  • Advised and successfully represented in mediation a major law firm in connection with a multi million contractual dispute involving issues of repudiatory breach.
  • Advised and represented developers in relation to claims involving allegations of failure to  use of reasonable endeavours in obtaining planning permission, repudiatory breach and damages.
  • Frequently instructed by developers and commercial parties in a number of cases relating to the construction of commercial  agreements, contractual obligations including the question of implied terms and damages.
  • Acting for a number of telecommunications operators in proceedings under the Telcommunications Code.

Proprietary estoppel/ Constructive trust

  • Frequently instructed to advise and represent parties in “proprietary estoppel” claims concerning a variety of academic legal points relating to the proprietary estoppel and constructive trust.
  • Has represented parties in “proprietary estoppel” and constructive trust claims in the County Court,  High Court, Privy Council and House of Lords.

General Property Disputes

  • Auckland v Day – June 2013 – successfully represented defendants in a complex 9 day boundary dispute involving issues of roational land slippage, adverse possession, estoppel and allegations of boundary agreement with related issues of mistake and formalities under s.2 LP(MP)A 1989.
  • Advises and represents clients in a variety of “adverse possession” claims.
  • Advises and represents clients in connection with service charge disputes, leasehold enfranchisement matters involving appearances in the Leasehold Valuation Tribunal.
  • Advises and represents local authorities, developers and landowners on a number of ongoing “restrictive covenant” cases involving a variety of academic legal points concerning the enforceability of covenants and claims for modification and discharge under s.84 of the LPA 1925.
  • Advises on Land Registration issues.
  • Frequently acts for a wide variety of clients in obtaining injunctive and declaratory relief and other remedies in connection with trespass, nuisance claims and boundary disputes.
  • Advises and represents clients in connection with commercial dilapidations issues, disputes under the Defective Premises Act.
  • Instructed by banks and building societies in connection with a mortgage repossession disputes, including against third party occupiers.
  • Acting on behalf of the landowner successfully claiming a prescriptive right of access.

Professional Negligence

  • McCourt v Goodman Derrick – June 2013 – successfully represented claimant in a professional negligence action against solciitors for damages arising out of negligent conveyancing.
  • Acts for landowners and development and construction company in claims involving  allegations of negligence on the part of structural engineers, architects, building inspectors and building contractors.
  • Advises and represents parties in connection with professional negligence claims concerning conveyancing, and other property related matters.
  • Advising the Law Society in relation to a conveyancing matter which was being appealed to the Court of Appeal.

Qualifications

Myriam graduated with an LLB in Law and German from the University of Bristol. She also studied Law at Göttingen University, Germany.

Inquiries

43 Crawford Street

01/01/2004

A service charge dispute in LVT. Included issues as to the manner in which service charges should be apportioned between commercial and residential premises under the terms of the Lease (i.e. residential tenants arguing that no obligation to pay higher insurance).

 

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Inquiries

43 Crawford Street

01/01/2004

A service charge dispute in LVT. Included issues as to the manner in which service charges should be apportioned between commercial and residential premises under the terms of the Lease (i.e. residential tenants arguing that no obligation to pay higher insurance).

 

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