Areas of Practice:
Extensive experience in property and landlord and tenant work including a variety of building and construction disputes. Has dealt with cases in the Technology and Construction Court, including actions for disrepair and building costs disputes on behalf of tenants, builders and architects.
In addition to experience in dealing with general commercial property disputes, Philip has built up an expertise in constructive and resulting trusts, and probate related claims.
Scullion v Bank of Scotland:
Philip won damages in the High Court in a ground breaking action brought by a buy-to-let owner who claimed that the Bank of Scotland's surveyor had overvalued the property and the potential rental income. This is the first case where the courts have imposed a duty of care on a surveyor in relation to a third-party buy-to-let investor valuation. The judge held that a buy-to-let purchase is no different to a residential house purchase in that the duty of care that was owed by the surveyor in a residential purchase, also applied to buy-to-let investors.
Recent claims include:
• a claim by tenant for damages for disrepair against landlord holding company;
• a claim for fees and interest by an architect in excess of £1/2 million;
• a boundary dispute involving adverse possession, rights of way and prescription;
• a claim on behalf of a cohabitant to a share of a multi-million pound estate;
• a claim by an illegal overstayer to a share of her former partner’s estate;
• a claim by an estate to overturn a will drafted by a beneficiary on the grounds of lack of understanding, knowledge and approval, undue influence and forgery.
Philip has a particular interest in professional negligence involving surveyors, architects, builders and solicitors.
• Special Damages for Disability, 1988, Sweet & Maxwell