Tim Brookes - People - Gateley

Tim Brookes

Partner

Gateley Legal

  • London
  • t: 020 7653 1644
  • m: 0776 803 4101

Expertise

Tim is litigator in our Real Estate team, acting for large corporate occupiers, institutional landlords and developers. He has a wealth of experience in the residential sector.

He has detailed knowledge of property-related litigation; dealing with substantial dilapidations claims, exercising and challenging break notices, disputed business lease renewals, claims relating to landlord’s consent, service charge litigation, rent reviews, the Telecommunications Code, compulsory purchase, residential enfranchisement, agricultural tenancies, and the various methods of repossession.

Tim also specialises in complex development agreements and development site clearance, advising on restrictive covenants, rights of light, wayleaves, party walls, options, overage, and questions of contractual interpretation. He represented Thames Water in successfully defending proceedings brought by the Mayor of London against its development plans for a £200m desalination plant at Beckton, providing enough daily drinking water for 400,000 Londoners during times of water shortage.

With a particular interest in insolvency issues, Tim has assisted on the property aspects of a number of high-profile administrations, and advised a major UK corporate on liability arising from the CVA of Focus DIY. He has conducted many mortgagee possession actions, and provided strategic advice on LPA receiverships and the various insolvency regimes to a number of investment banks, KPMG, Grant Thornton, RSM Restructuring, Allsop, Duff & Phelps and Mazars.

Tim’s clients include BT, Berkeley Homes, Virgin Media, Persimmon Homes, Crest Nicholson, Malmaison, Bellway Homes, Patisserie Valerie, Crocs UK, JD Sports Fashion Plc, CEMEX, Wyldecrest Parks, and Oxford United FC. 
Tim contributes articles to the established property press, and regularly delivers seminars to clients and agents. His reported cases include Allied Dunbar Assurance Plc -v- Homebase Ltd [2002] (underletting, and collateral agreements), Old Monk Pub Co Ltd -v- Puzzle Pub Co Ltd [2004] (landlord’s consent to assignment), MW Trustees Ltd -v- Telular Corp [2011] (break notice validity), Mann -v- Shelfside (Holdings) Limited [2015] (forfeiture by title paramount), and Chliaifchtein & Ors -v- 3-10 Grosvenor Crescent Management Limited [2017] (service charges and breach of covenant).

Concluding his postgraduate studies with an LLM in Corporate & Commercial Laws from Queen Mary College, University of London, Tim trained with city firm Turner Kenneth Brown. After qualification, he spent more than 5 years with the highly-regarded property litigation team at Nabarros. In 2001 he was recruited by Osborne Clarke and headed up its London team, before being head-hunted by Shoosmiths in April 2006 to spearhead its property litigation offering in the south. Tim joined Gateley Plc as a Partner in March 2012. He has been acclaimed by the Legal 500 as a “rising star”, and is recommended for being “pragmatic and candid”.

How do you help clients?

I help clients with any and all disputes relating to land or buildings, and my clients range from institutional landlords/ developers and national corporate occupiers to individual residential landlords and tenants.

Experience

  1. Providing strategic advice to a major UK corporate on multi-million rental liability arising from CVA of Focus DIY.
  2. Successfully representing Thames Water against the Mayor of London’s challenge to its planning permission for construction of a £200m desalination plant, securing daily water for 400,000 Londoners.
  3. Advising a large national corporate occupier on rights of light which would be infringed by substantial neighbouring residential and mixed-use developments in Westminster and Wapping.
  4. Successfully acting for a Belarus oligarch in High Court proceedings relating to the removal of concierge services in a high-class development in Grosvenor Crescent, Belgravia, attracting significant media attention.
  5. Conducting the defence of High Court proceedings for the administrators of a central London development company in connection with the adequacy of the build-out, a complex Overage Agreement, and the eventual sale of the Big Easy restaurant in Covent Garden.
     
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