Wilson Horne

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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

DIRECT ACCESSWORK / 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