Nicholas Berry

Nick is busy with the many aspects of property and chancery work, which covers these areas:

• Conveyancing
• Co-ownership
• Restrictive covenants
• Boundaries
• Easements
• Environmental and planning control
• Mortgages
• Charges

Commercial – Drafting commercial leases, rent reviews and termination of leases.
Residential, Private and Housing – Drafting leases. All areas of housing leases.
Wills, commercial trusts, TOLATA

Synopsis of cases involving Trusts of Land (TLTA 1996)

In the last five years Nicholas Berry has acted in nearly 60 Trusts of Land cases encompassing most aspects of this branch of law in the High Court, County Court and the Court of Appeal. He has also lectured and written articles on equitable accounting in TLTA applications. His other work in wills, inheritance, partnership and commercial cases is also related as it often involves elements of trust and land law.

Specific cases of interest:

1. A case where a woman was transferred a residential property from a previous marriage and her new partner joined her in occupation for 18 years and then claimed an interest on the basis of mortgage payments and a course of dealing. The woman was concerned about inheritance for her two children of different partners, and the case was contested under the Stack v Dowden and Jones v Kernot principles. The woman gave evidence in a traumatic hearing where her evidence was taken in hospital as she was terminally ill.
2. A case where the beneficiaries under a Will contested the executor’s interest in a property shared with the deceased. The case, while fairly typical, illustrates the interplay between Inheritance Act and TLTA principles .
3. A case where an odd job man claimed an equal share in a £35 million development company on the basis of a course of dealing and equitable estoppel. This case involves foreign jurisdiction, company and family law.
4. A case on appeal concerning the Court’s approach to contributions during co habitation.
5. A case where a convicted murderer was claiming an interest in a public house where he had co habited with the publican and then shot her husband.

Apart from my litigation practice I have always had a steady practice in the areas identified below where I have referred to recent work in these areas.

Land Law Conveyancing and Title Investigation

Advising on title for transfers of early Anglican and C of E Schools in Somerset and Devon under the Education Acts.

Advising on title and challenges to redevelopments in substantial commercial operations in the West Country such as the centres of market towns with previous uses.

Advising and drafting on overage clauses for commercial and residential properties and transfers of all or part of registered and previously unregistered property. I lecture in some of these areas and have done so for many years eg on the LRA 2002.

Advising and drafting on planning restrictions, Section 106 Conditions and restrictive covenants including applications to the Upper Tribunal Lands Chamber etc.

Advising on title and easements in respect of watercourses and rivers.

Advising and acting for local authorities and private individuals in adverse possession cases.

Advising on access and statutory issues arising from the installation of power lines and on transmitting stations for major internet and mobile telephone providers.

Trust Law; Settling TR1’s and TP1s for complex transfers of land. Advising and drafting in complex trust cases both in the UK and international trusts. I usually work with tax advisers and solicitors in this field.

Advising and Drafting Commercial Leases;

• For agreement on 1954 Act lease renewals
• For subletting on commercial properties including large interests in Inner London and on industrial estates.

I have acted in successful and substantial cases relating to developments in towns where challenges arose from businesses and the public. This has developed from the major planning disputes where I regularly represented West Country County Councils, Parish Councils and individuals and are now involved in drafting or considering the terms of commercial leases in particular.

Drafting Residential Leases:

Tripartite leases and commonhold for lessors and tenants and for management companies.

Specimen residential leases for large scale flat developments in Outer London (57 leases and common parts access and parking areas).

Intellectual Property

Advising and drafting restraint of trade clauses and IP protection for various companies.

This has covered a wide range of commercial interests including IP created by staff, restraint of trade and confidentiality clauses and I have an interest in the effect of AI on IP rights.

Drafting and advising IT Guidelines for police authorities.

Advising Local Authorities and individuals on IT issues arising from broadcasting information on the internet and related defamation issues.

Drafting shareholders Agreements for an international IT company.

Company Law

Drafting and advising on Shareholders Agreements, charges and security documents for start up and existing companies.

Setting up company structures for holding companies and individuals to promote company control, tax efficiency. I usually work with accountants in this field.

International Law 

Apart from the run of the mill cases on UK and foreign jurisdiction I have recently acted as follows;

I was recently successful in acting for international partners in a substantial case involving Nigerian, Italian and offshore petroleum companies in dispute on the meaning of their SHAs and security documents and registered in Panama, Jersey, the Bahamas and numerous other localities and offshore companies. The control and beneficial ownership of the shares was in the region of $7 billion.

I practice in commercial cases in arbitration and mediation both in the UK and in Geneva.

Other Work;

TLTAs ; I have done this work since I was called (when it was under the Law of Property Act 1925) and seen all the changes and developments . Mostly this has been contested cases but I have drafted Trust Deeds and am involved in several substantial cases currently. (Details to follow with permission of clients).

Another substantial area of my work is in Defamation and I am presently engaged in a fairly high profile case (details to follow on client’s permission) and have practiced in this area for 25 years.