Wilson Horne

---

Year of Call: 1992

Wilson Horne is a barrister practising in Leeds and Manchester, and has been a member at King's Chambers since 1993. He specialises in Property Law, Commercial Law, Sports Law, and Professional Negligence.  Wilson can, inappropriate cases, work for lay clients who prefer to approach a barrister directly rather than go through a solicitor. He frequently receives instructions on a direct professional access bases.
 

PROPERTY LAW

Wilson's practice is largely based on contentious commercial property work and hereceives regular instructions from national house builders (such as Barratt and David Wilson Homes), central and local government departments, national public house landlords (such as Enterprise Inns),and diverse national tenant operators.

Wilson has extensive knowledge of the planning system and its effects on his property work, and frequently works in tandem with his planning colleagues. A recent example of this is the Gladman High Court trial concerning fraudulent misrepresentation.

Wilsonhas advised the Ministry of Defence in relation to several multi-million pound surplus land disposal contracts, with particular regard to overage and deferred consideration terms. Further, following his involvement as part of the legal team that conducted a wholesale review of the MoD standard Clawback Clause, the new clause is now being used throughout the Ministryof Defence for any disposal of surplus land and the principles behind the clause are being applied progressively by other public sector departments.

Wilson also has extensive specialist experience of property disputes concerning agricultural and equine properties.

His areas of expertise are:

• all aspects of commercial landlord and tenant (and instructions in appropriate residential cases)
• securities
• all title and encumbrance disputes (particularly rights of way and restrictive covenants)
• registration and mortgage fraud
• overage / planning clawback
• conditional contracts
• all aspects of conveyancing
• trusts
• insolvency aspects affecting real property interests
• all legal aspects of valuation, particularly in the context of rent review and turnover rents
• all aspects and types of nuisance (water, dust, noise, landslip)
• compulsory purchase
• Land Drainage Act claims

 Significant Reported Cases

Nottinghamshire and City of Nottingham Fire Authority and another v Gladman Commercial Properties [2011] 18 EG 109 CS (High Court) - late admission of witness evidence during the course of a trial concerning fraudulent misrepresentation as to the future planning use of a development site

Tinseltime Limited v Roberts and others [2011]B.L.R. 515  & [2011] EWHC 1199 (TCC)- an employer was not liable in nuisance or negligence for damage caused to a neighbouring company's machinery by dust resulting from a sub-contractor's cutting of concrete blocks since that activity could not be regarded as exceptionally dangerous whatever precautions were taken

Lambertand others v Barratt Homes Ltd (Manchester Division) and another [2010] 33 EG 72 (Court of Appeal)& [2009] All ER (D) 27 (High Court) - water nuisance and breach of a landowner's measured duty of care

Campbell-Bell v Enterprise Inns plc [2009] EWHC 2733 (QB) [2009] All ER (D) 50 - a rent review challenge concerning the arbitrator's choice of the top downwards valuation method inpreference to the bottom upwards valuation approach) 

O'Donoghue v Enterprise Inns plc [2008] All ER (D) 43 / [2009] 1 P & CR 14 - challenge of a rent review arbitration award and the loss of the right to object)   

Quadriniand Acrewell Limited v Cotil Investments Limited - reference 2007/0665 decision date 18 March 2009 decision of the Adjudicator to H M Land Registry concerning unregistered interests which override registered dispositions and theapplication of paragraph 2A of Schedule 3 of the Land Registration Act 2002

Quadrini v Wine Cellar Ltd (t/a Booze Buster) [2006] All ER (D) 286 - land registration and overriding interest under the Land Registration Act 2002

LT &R Vowles (Parent) Ltd v Aston and others [2005] All ER (D) 248 - express surrender and construction  

Bolton MBC v Torkington [2004] 1EGLR 28 / [2004] 1 P & CR 107 - delivery of deeds by a corporation and section 74 of the LPA 1925      

Kuligowski v Kenward [2003]All ER (D) 207 - construction of transfer of land and admission of expert evidence as an aid to construction    

Ministry of Defence v Country and Metropolitan plc [2002] All ER (D) 317 - overage, planning clawback and rectification      

Liverpool  and Lancashire Properties Limited v B&Q plc - forfeiture action linked toreport at [2001] 81 P & CR 20 re - rights of way  

Bolton MBC v Tudor Properties [2000] RVR - compulsory purchase compensation, valuation and theleisure industry

SPORTS LAW

Wilson is well used to dealing with high profile sports law cases. He played a leading role in the "Carlos Tevez Affair." This involved anassessment of damages payable to Sheffield United which settled in March 2009 following an arbitration hearing at the Football Association, the associated High Court litigation, and appeal to Court of Arbitration for Sport.

Wilson's principle experience lies in the commercial aspects of all sports contracts and dealings. Wilson advises on the interpretation and enforcement of a wide variety of sports contracts including insurance and employment contracts. Further, his experience extends to cases involving allegations of fraud and economic torts.

He represents football players, clubs and agents and his sports law work includes litigation and Football Association and Premier League arbitration tribunal work. 

Examples of this work include:

• Alan Curbishley - Represented West Ham Football Club in 2009 during arbitration surrounding the departure of the then manager, Alan Curbishey.
• Lucas Neil - Successfully represented a Football agent in a dispute concerning fees payable in respect of the transfer of the defender from Blackburn Rovers to West Ham United.
• Eidur Gudjohnsen - Successfully represented an agent in connection with fees on the forwards transfer from Bolton Wanderers to Chelsea
• Mikaël Silvestre - Advised the players agent in connection with a transfer  from Arsenal to Werder Bremen
• Steve Clarke - Represented West Ham concerning the assistant coach's move from Chelsea
• Paul Merson - Represented Walsall FC in a dispute concerning their then player / manager Paul Merson
• Andy Carroll (2011) - Represented an agent in a dispute concerning the non-payment of agent's fees relating to the re-negotiation of his Newcastle United Contract and his transfer to Liverpool FC.

As well as football, he has been involved in cases in rugby and equine sports. Wilson has specific experience in all aspects of horse sales. Further, Wilson has represented various rugby union and league players concerning their transfer contracts, and rugby clubs concerning insurance and construction issues.

Significant Reported Cases :

Harrison v Burridge [2010] EWHC 3116 (Ch) and on appeal at [2011] EWCA Civ 835 - FA football agents regulations and their meaning and effect on the agent's contract with a football club)

Sheffield United Football Club Ltd v West Ham United Football Club Plc [2009] 1 Lloyd's Rep. 167 - ananti-suit injunction and interim relief relating to a proposed appear to the Court of Arbitration for Sport  

 COMMERCIAL LAW

Wilson's commercial work includes

• banking
• construction
• insurance
• partnership
• supply of goods and services cases
• trusts and claims in equity
• energy
• telecommunications

Much of Wilson's banking work overlaps with his property practice, particularly with reference to the enforcement of securities. This frequently includes being instructed on behalf of Law of Property Act receivers and administrators. In addition, Wilson also has extensive experience of guarantee claims.

Much of Wilson's construction work is allied to his Property work. He is frequently instructed in construction cases that have landlord and tenant /real property links. Much of Wilson's work is heard in arbitration, however frequently appears in the High Court involving enforces arbitration and adjudication awards and staying claims to arbitration.

Much of Wilson’s insurance work relates to his professional negligence work referred to below. Wilson deals with all aspects of insurance cover.

Additionally,Wilson often handles partnership disputes in Court and in arbitration. In addition handling disputes between solicitors and surveyors, Wilson has extensive experience in property development partnerships and joint ventures cases.

Wilson accepts a wide range of instructions in supply of goods and services cases. These cases can be as diverse as engineering, website and estate agent cases. Wilson has extensive experience in most areas of technical expert evidence.

Wilson handles a wide variety of other commercial claims, including claims under the Electricity Act, the Telecommunications Act, and the Estate Agents Act. In addition, Wilson frequently handles cases concerning trust claims and claims for equitable relief, and many of these claims are allied to his property work.

Significant Reported Cases

Tinseltime Limited v Roberts and others [2011] B.L.R. 515  & [2011] EWHC 1199 (TCC) -an employer was not liable in nuisance or negligence for damage caused to a neighbouring company's machinery by dust resulting from a sub-contractor's cutting of concrete blocks since that activity could not be regarded as exceptionally dangerous whatever precautions were taken

Tomlinsonv Wilson [2007]All ER (D) 17 - building contract, measure of damages and avoidance of loss in the light of the decision to demolish

Yorkshire Bank plc v Tinsley - undue influence trial - linked to appeal [2004] 3 All ER 463      

PROFESSIONAL NEGLIGENCE

Wilson undertakes professional negligence work in his practice areas referred to above, with particular emphasis on:

• solicitors (with a particular bias to conveyancing and commercial transactions)
• surveyors (including managing agents, valuation surveys and structural surveys)
• construction professionals (including structural engineers, contract administrators and quantity surveyors)
• accountants

Wilson accepts instructions on behalf of Claimants as well as insured professionals. He has extensive experience of mediation in this area of work.

Wilson deals with all aspects of insurance cover including extent and its repudiation by insurers.

 

DISPUTE RESOLUTION

Wilson undertakes advisory, advocacy and mediation work in connection with a wide range of commercial and chancery disputes including disputes based on contract, tort and equity. His practice includes a significant amount of trial work and he regularly seeks urgent interim injunctions. Much of his work is undertaken in arbitration and he has extensive experience of challenging arbitration awards in the High Court and anti-suit injunctions.  He also sits as an arbitrator in his practice areas.

Wilson has extensive experience of the Upper Tribunal (Lands Chamber), the Adjudicator to HM Land Registry, the Agricultural Land Tribunal and the Leasehold Valuation Tribunal. Wilson is qualified to act as a mediator and he has extensive experience of the mediation process, and is often involved in pre-action without prejudice meetings. 

SignificantReported Cases

Nottinghamshire and City of Nottingham Fire Authority and another v Gladman Commercial Properties [2011] 18 EG 109 CS (High Court) - late admission of witness evidence during the course of trial of fraudulent misrepresentation

Harrison v Burridge [2010] EWHC 3116 (Ch) and on appeal at [2011] EWCA Civ 835 - interim third party debt orders.

Campbell-Bellv Enterprise Inns plc [2009] EWHC 2733 (QB) [2009] All ER (D) 50 - a rent review challenge concerning the arbitrator's choice of the top downwards valuation method in preference to the bottom upwards valuation approach 

Sheffield United Football Club Ltd v West Ham United Football Club Plc [2009] 1 Lloyd's Rep. 167 - interim relief and the anti-suit injunction

O'Donoghuev Enterprise Inns plc [2008] All ER (D) 43 / [2009] 1 P & CR 14 - challenge of a rentreview arbitration award and the loss of the right to object   

 

DIRECT ACCESS WORK / DIRECT PROFESSIONAL ACCESS

Wilson is qualified to accept instructions direct from the members of the public and he has extensive experience in accepting instructions. The instructions relate to both advisory work and Court and arbitration hearings in appropriate cases.

His instructions mainly come from commercial clients that have extensive experience of the legal system and believe it more efficient to instruct Wilson directly. Wilson is happy to accept instructions on this basis in all of his chosen practice areas.

Wilson is frequently instructed on a direct professional access basis by surveyors, accountants, licensed conveyancers and planning consultants.

 

Recommendations:

ChambersUK 2011 (Chancery)

Wilson is a, “very good advocate, quite a fighter”, and “straight talking with clients”

Legal 500 2011

“Wilson Horne is recommended for commercial property matters”

Legal 500 2010:
"Wilson has a strong reputation for all types of commercial property matters"

Legal 500 2009:
"Wilson is recommended for all types of commercial property matters"

Legal 500 2008:
"Wilson is highly recommended for commercial leases and surveyors professional negligence"  

Legal 500 2007:
"Wilson is 'one of the few reliable property juniors in the country"

Memberships:

Chancery Bar Association
Northern Chancery Bar Association
Northern Circuit Commercial Bar Association
Northern and North Eastern Circuits

Career & Education:
University: Called: Joined Chambers:	Leeds LLB (Hons) 13 October 1992 by Lincoln's Inn (Bursary winner 1992) 1993