Kirsty is a partner in our real estates disputes division and heads up the North team. She has been practising for over 20 years and specialises in all areas of commercial real estate litigation work. Her core work centres on landlord and tenant advice, both strategic advice to maximise the client's position but also dealing with any litigation. This work includes lease renewals, dilapidations, service charge disputes, break rights and lease interpretation matters. She is recognised nationally for advising occupiers on their property portfolios and co-leads the occupier route to market.
Kirsty also advises a number of the firms investment and development clients on their portfolios and has particular expertise in restrictive covenant issues and contractual terminations.
Kirsty's advice has been described by clients as "invaluable".
Her recent experience includes:
- advising high street names on their response to the Covid-19 pandemic, including advising board members on the strategy to be adopted and updating on the numerous changes of legislation and dealing with in excess of 200 sets of proceedings for rent arrears including the case of AEW UK Reit Plc v Sportsdirect.com Retail Limited [2021] EWCH 1013 (QCB) which included defences of rent suspension, implied term and frustration;
- advising a landlord on a multi-million pound dilapidations strategy, including service of a notice to repair, to achieve a settlement which was not curtailed by the section 18 cap as a terminal dilapidations claim would have been;
- providing strategic advice on a portfolio renewal of circa 280 properties, half of which are proceeding via formal lease renewal claims with the result of them having to be batched and case managed innovatively. The initial case resulted in the tenant successfully securing a 5 year term with a 3 year break and large discounts on quantum and frontage to depth (HPUT Trustee No.1 Ltd v Boots UK Ltd [2021]);
- acting for a strategic land client to advise on a restrictive covenant threatening a large development scheme having previously been successful at Tribunal in obtaining a modification to a covenant limiting use of land to a public house to allow a development (James Hall And Company (Property) Ltd v Maughan & Ors, Re The Aclet (Restrictive Covenants) [2017] UKUT 240 (LC)); and
- acting for a large house builder on the interpretation of a sale agreement with the seller seeking to terminate the right to purchase an important strategic site.
Kirsty joined the firm in June 2015. She is a member of the Property Litigation Association. She frequently presents at industry events and is recognised in both Chambers and Legal 500.