Rupert Cohen

Call: 2011

Rupert has a highly successful property and chancery practice allied with a specialist knowledge of costs law.

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Practice summary

Property

Cross-practice

Practice Summary

Rupert has a successful property and chancery practice allied with a specialist knowledge of costs law. He was appointed Junior Counsel to the Crown (Attorney General’s B Panel) in 2020 and is an ADR Accredited Mediator.

Rupert’s webpage on property litigation can be accessed through the following link: Property Litigation section

Rupert’s webpage on costs litigation can be accessed through the following link: Costs Litigation section

Rupert’s webpage for his services as a mediator can be accessed through the following link: Mediation section

He is described in the directories as “a fantastic advocate, frighteningly clever and an absolute pleasure to work with. My go to junior for complex or tricky points of law.” (Legal 500 – Property Litigation, 2022). “A go-to guru for costs cases at the junior level.” (Legal 500 – Costs Litigation, 2022). “A costs wizard who is clearly very able. Clients love him as he is both succinct and confident.” (Chambers & Partners – Costs Litigation, 2021) “Direct, commercial and a joy to work with.” “He has such a phenomenal way with words and on his feet.” (Chambers & Partners – Real Estate Litigation, 2021).

He is also ranked in both Chambers & Partners 2022 and Who’s Who Legal 2021 as a “leading mediator” and described as “a noteworthy mediator with particular expertise and experience in substantial property disputes” (Chambers & Partners – Mediators, 2022), in addition to “He is very good at thinking strategically as well as on the technicality of law. He is fantastic on his feet.” “Rupert is calm and very polished. He is diplomatic with clients.” (Chambers & Partners – Real Estate Litigation, 2022)

Recent cases:

  • Aviva Investors Ground Rent GP Ltd v Williams [2023] UKSC 6
  • Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 (led by David Holland KC)
  • FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1
  • Pigot v Environment Agency [2021] EWCA Civ 213 (led by Richard Turney)
  • Lejonvarn v Burgess [2020] EWCA Civ 114
  • Mirchandani v Lord Chancellor [2020] EWCA Civ 1260
  • Global Assets Advisory Services Ltd v Grandlane Developments Ltd [2019] EWCA Civ 1764
  • West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (led by Nick Bacon KC).

Property

Rupert is listed in both Legal 500 and Chambers & Partners as a leading junior in real estate litigation.

He has recently acted for intervening parties twice in the Supreme Court in Aviva Investors Ground Rent GP Ltd v Williams [2023] UKSC 6 and FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1.

He frequently appears in the High Court and County Court concerning a wide variety of property related issues from contested trials about prescriptive easements to unopposed lease renewals featuring expert valuation evidence on rent. A list of his recent cases appears below.

  • A one-day strike out application before HHJ Monty KC concerning a claim to an implied easement of parking. The judgment in Harepath v Kufta can be accessed here.
  • A three-day trial before HHJ Monty KC concerning a claim to a prescriptive easement. The judgment in Von Hogersthal v Boyan can be accessed here.
  • A two-day trial in an unopposed lease renewal before Recorder McNamara. The judgment in Clipper Logistics v Scottish Equitable can be accessed here.
  • A three-day trial before HHJ Belcher in an opposed tenancy renewal concerning ground (f) of section 30(1) of the 1954 Act.
  • A two-day trial before Master McCloud concerning the nature and extent of the grant of a right of way. The judgment in McGill v Stewart [2020] EHC 3387 can be accessed here.
  • A two-day trial in the Upper Tribunal concerning the modification of restrictive covenants pursuant to section 84 LPA 1925. The judgment in Willis v Rollins [2019] UKUT 315 can be accessed here.
  • A two-day trial before HHJ Dight CBE on whether a tenant held under a lease or licence and, if the former, occupied the premises for the purposes of a business in the context of claim under the 1954 Act.
  • A five-day trial before HHJ Johns KC concerning a claim for a declaration that consent to alterations had been unreasonably refused.
  • A one-day summary judgment application before HHJ Godsmark KC concerning ground (g) of section 30(1) of the 1954 Act. The judgment in Mawby v Nottingham Castle Marina can be accessed here.
  • A two-day trial before HHJ Hand KC on the proper construction of an estate rent charge.

In addition Rupert has advised clients on all areas of property litigation including rights to light, boundary disputes, property related professional negligence, dilapidations, land registration, mortgages, TOLATA claims to name but a few.

Rupert is an expert in costs litigation and mediation across all aspects of disputes.

Costs litigation

Rupert is listed in both Legal 500 and Chambers & Partners as a leading junior in costs litigation. He is described as: “A go-to guru for costs cases at the junior level.” (Legal 500 – Costs Litigation, 2022). “A costs wizard who is clearly very able. Clients love him as he is both succinct and confident.” (Chambers & Partners – Costs Litigation, 2021)

Rupert regularly appears in the Court of Appeal, the High Court and the SCCO on costs matters ranging from Solicitors Act assessments, applications for security for costs, non-party costs orders and private prosecutions costs to name but a few.

He has also advised on a wide range of costs matters from costs issues in the context of group litigation / collective proceedings orders to the assignment of CFAs. He has particular experience in non-party costs orders, DBAs, the enforceability of CFAs, contentious business agreements and issues arising from litigation funding.

Click here for examples of recent cases.

Mediation

Rupert is a well-known mediator who in the past five years has mediated more than 60 mediations ranging from multi-party disputes concerning terminal dilapidations to difficult family disputes involving claims based on proprietary estoppel and Inheritance Act claims. He qualified as a mediator in 2015 (ADR Group Accredited Civil and Commercial Mediator) and is a panel mediator at various organisations including:

  • The Property Mediators
  • Civil Mediation Council
  • Costs Alternative Dispute Resolution (CADR)
  • RICS/PLA Boundary Disputes Mediation Service
  • ADR ODR International
  • Wandsworth Mediation Service (Commercial Mediator)
  • Chancery Bar Association’s Pro Bono Mediation Scheme.

He is described as “a noteworthy mediator with particular expertise and experience in substantial property disputes. He frequently assists with cases concerning proprietary estoppel, service charge arrears and an array of issues arising between landlords and tenants” (Chambers and Partners – Mediators 2023).

Click here for examples of recent cases.

ADR

Rupert is a well-known mediator who in the past five years has mediated more than 60 mediations ranging from multi-party disputes concerning terminal dilapidations to difficult family disputes involving claims based on proprietary estoppel and Inheritance Act claims. He qualified as a mediator in 2015 (ADR Group Accredited Civil and Commercial Mediator) and is a panel mediator at various organisations including:

  • The Property Mediators
  • Civil Mediation Council
  • Costs Alternative Dispute Resolution (CADR)
  • RICS/PLA Boundary Disputes Mediation Service
  • ADR ODR International
  • Wandsworth Mediation Service (Commercial Mediator)
  • Chancery Bar Association’s Pro Bono Mediation Scheme.

He is described as “a noteworthy mediator with particular expertise and experience in substantial property disputes. He frequently assists with cases concerning proprietary estoppel, service charge arrears and an array of issues arising between landlords and tenants” (Chambers and Partners – Mediators 2023).

Rupert is a firm believer in momentum in mediations. Whilst being empathetic and patient by nature he doesn’t lose sight of the need to encourage parties to put on the table constructive offers at an early stage. His approach involves inviting the parties to do as much of the leg work as possible prior to the mediation by thinking about possible settlement structures and concessions. That enables him, after spending time with each party to understand their motivations and concerns, to move to the process of creatively shaping a settlement sooner rather than later.

Given his professional background he is in a position to use his own knowledge to suggest possible settlement proposals. In so doing he sustains the momentum of the mediation and, with a combination of empathy, patience, reality-testing and (where required) bluntness, creates the platform for a settlement.

Costs Litigation

Rupert is listed in both Legal 500 and Chambers & Partners as a leading junior in costs litigation. He is described as: “A go-to guru for costs cases at the junior level.” (Legal 500 – Costs Litigation, 2022). “A costs wizard who is clearly very able. Clients love him as he is both succinct and confident.” (Chambers & Partners – Costs Litigation, 2021)

Rupert regularly appears in the Court of Appeal, the High Court and the SCCO on costs matters ranging from Solicitors Act assessments, applications for security for costs, non-party costs orders and private prosecutions costs to name but a few.

He has also advised on a wide range of costs matters from costs issues in the context of group litigation / collective proceedings orders to the assignment of CFAs. He has particular experience in non-party costs orders, DBAs, the enforceability of CFAs, contentious business agreements and issues arising from litigation funding.

His recent costs cases include:

  • R. (on the application of Chapter 4 Corp (t/a Supreme)) v Southwark Crown Court [2023] EWHC 1362
  • Harlow DC v Powerrapid Ltd [2023] EWHC 586 (KB)
  • Shepherd & Co Solicitors v Brealey [2022] EWHC 3229
  • Das UK Holdings Ltd v Asplin [2022] EWHC 2214
  • Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387
  • Swivel UK Ltd v Tecnolumen GmbH [2022] EWHC 825 (Ch)
  • R. (on the application of TM Eye Ltd) v Southampton Crown Court [2021] EWHC 2624 (Admin)
  • Mirchandani v Lord Chancellor [2020] EWCA Civ 1260
  • Lejonvarn v Burgess [2020] EWCA Civ 114
  • Bagshawe v Lord Chancellor [2020] EWHC 1089
  • Fuseon Ltd v Senior Courts Costs Office [2020] EWHC 126
  • Global Assets Advisory Services Ltd v Grandlane Developments Ltd [2019] EWCA Civ 1764
  • West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220.

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Specialisms

Agricultural Law

Boundary and Ownership Disputes

Building Safety

Commercial Landlord and Tenant

Conveyancing Disputes

Easements and Profits a Prendre

Highways and other Transport Infrastructure

Housing

Land Registration and Adverse Possession

Mortgages, Charges, Charging Orders and Securitisation

Park Homes and Mobile Homes Act Disputes

Professional Negligence Claim Related to Property

Property Development including Overage disputes

Protestor Injunctions

Residential Tenancies

Restrictive Covenants

Rights of Light

Riparian Rights, Watercourses and Harbours

Telecommunications

Trusts of Land and other Equitable Claims

Village Greens, Commons and Manorial Rights

Specialisms

ADR

Costs Litigation

Telecommunications

"
A fantastic advocate, frighteningly clever and an absolute pleasure to work with. My go to junior for complex or tricky points of law.”"

Legal 500

Cohen Rupert Uk leading juniors 2024

Qualifications and achievements

Qualifications

  • First class degree (Christ Church, Oxford) – 2009
  • Distinction (GDL) – 2010
  • Very Competent (BPTC) – 2011
  • Academic scholar at Christ Church, Oxford
  • Hardwicke, Denning and Bowen scholarships from Lincoln’s Inn

Memberships

Appointed to the Attorney General’s B Panel of Junior Counsel

  • ADR Group Accredited Civil and Commercial Mediator
  • CADR Mediator
  • Chancery Bar Association
  • Commercial Fraud Lawyers Association
  • Property Bar Association

Recommendations

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Mark Ball new

Mark Ball

Practice Director

020 7421 1308

Harry Feldman

Harry Feldman

Practice Manager

020 7421 2485

Connor Mc Gilly new

Connor McGilly

Practice Manager

020 7421 1304

Ruby Sims new

Ruby Sims

Assistant Practice Manager

020 7421 1337

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